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 --
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ORIGINAL
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ORIGINAL
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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