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HomeMy WebLinkAboutORD NO 4157ORDINANCE NO. '~ 1 5 7 AN ORDINANCE AMENDING THE CITY OF BAKERSFIELD'S REDEVELOPMENT PLAN TO ELIMINATE THE TIME LIMIT TO INCUR NEW DEBT. WHEREAS, in 1972, the City of Bakersfield adopted a Redevelopment Plan for the Downtown Redevelopment Project Area; and WHEREAS, between 1972 and 1979, the Redevelopment Plan was amended to add more property; and WHEREAS, in 1993, the California Legislature enacted legislation requiring cities to amend their redevelopment plans to establish time limits on the incurrence of debt by redevelopment agencies, as well as the life of redevelopment plans; and WHEREAS, in 1994, the City of Bakersfield amended its Downtown Redevelopment Plan to establish those time limits and prohibiting the incurrence of debt after January 1, 2004; and WHEREAS, in 2002, the California Legislature enacted legislation permitting cities to amend their redevelopment plans to eliminate that prohibition as long as all other time limits remained in place; and WHEREAS, the City of Bakersfield desires to amend the Downtown Redevelopment Plan to eliminate the time limit on the incurrence of debt; and WHEREAS, pursuant to Section 33333.6 of the California Health and Safety Code, this amendment can be made by ordinance without the typical proceedings required by redevelopment plan amendments. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section VIII (Sec. 800) of the Redevelopment Plan adopted by Ordinance No. 2033 N.S. and amended by Ordinances No. 2216 N.S., 2291 N.S, 2539 N.S. and 3615 ("the Redevelopment Plan") is hereby amended as follows: Subparagraph A. is hereby deleted. Subparagraphs B. and C. are hereby renumbered as A. and B. respectively. --Page 1 of 3 Pages -- ORIGINAL SECTION 2. Section 801 is amended to read as follows: "(SEC 801) EXCEPTIONS 1. The limitations established in paragraph A of Section 800 shall not prevent the Agency from paying previously-incurred indebtedness or from enforcing existing covenants, contracts or other obligations. 2. The limitations of paragraph B of Section 800 shall not limit allocation of taxes to the Agency to eliminate project deficits created by the Agency's Low and Moderate Income Housing Fund. 3. The limitations of paragraph B of Section 800 shall not apply to limit allocation of taxes to the Agency to implement a replacement housing program to replace housing which was destroyed or removed by redevelopment activity." SECTION 3. Section 504.1 is added to the Redevelopment Plan as follows: "Sec. 504.1 Pursuant to California Health and Safety Code section 33333.6(e)(2), the requirements of California Health and Safety Code section 33607.7 shall apply to tax increment revenues generated in the Downtown Redevelopment Project Area after January 1, 2004." SECTION 4. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency. SECTION 5, This Ordinance shall be in full force and effect thirty (30) days after its passage. SECTION 6, The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and to cause the same to be published once in The Bakersfield Californian, a newspaper of general circulation, published and circulated in the City of Bakersfield, California. --Page 2 of 3 Pages -- ORIGINAL I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on NOV 3. 9 2003 , by the following vote: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, ?:.A;;$C;,I,-.SI:P=L-A/,AN~, SALVAGGIO COUNCILMEMBER COUNCILMEMBER , < ~ , COUNCILMEMBER ,d~f~ -,,'Y~A ' CITY CLERK and EX Council of the City of Bakersfield APPROVED: NOV 19 2003 By: HARVEY g HALL, M/ayor CITY OF BAKERSFIELD APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ~/JANICE SCANLAN Deputy City Attorney S:tCOUNClL\Ords~sb211amend.docsb211amend.doc --Page 3 of 3 Pages -- .%. ORIGINAL ~ooo ooooo[[ooooo~oo~ ORIGINAL o o ORIGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 21st day of November , 2003 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4157 , passed by 19th dayof November 2003 the Bakersfield City Council at a meeting held on the and entitled: AN ORDINANCE AMENDING THE CITY OF BAKERSFIELD'S REDEVELPMENT PLAN TO ELIMINATE THE TIME LIMIT TO INCUR NEW DEBT. /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield By: '-~[ q ¢,,~¢. ('DEPUTY City Clerk