HomeMy WebLinkAboutRES NO 128-82RESOLUTION NO. 128-82
RESOLUTION OF~THE CITY COUNCIL OF THE CITY
OF BAKERSFIELD APPROVING AND AUTHORIZING
THE EXECUTION OF A FIRST IMPLEMENTATION
AGREEMENT TO THE DISPOSITION AND DEVELOPMENT
AGREEMENT BETWEEN THE BAKERSFIELD REDEVELOP-
MENT AGENCY AND BAKERSFIELD METROPOLITAN
ASSOCIATION, INC.
WHEREAS, pursuant to the California Community Redevelop-
ment Law (Health and Safety Code Section 33000 et seq.), the
Bakersfield Redevelopment Agency (the "Agency") is carrying out
the Redevelopment Plan (the "Redevelopment Plan") for the Downtown
Bakersfield Redevelopment Project (the "Project"); and
WHEREAS, the Agency and Bakersfield Metropolitan Associa-
tion, Inc. (the "Developer") entered into a Disposition and
Development Agreement (the "DDA"), dated May 18,.1982, pursuant
to which the Agency agreed to acquire and lease and the Developer
agreed to lease and deVelop'Certain real property (the "Site")
loca'ted within the boundaries of the Project; and
WHEREAS, the Agency and the Developer now desire to
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~- make certain modifications and additions to the DDA in light of
current conditions pursuant to a First Implementation Agreement
to the Disposition and Development Agreement (the "Agreement");
and
WHEREAS, the Community Redevelopment Law provides in
Section 33431 that any sale or lease of Agency property may be
made only after a'public hearing of the Agency after publication
of notice as provided by law; and
WHEREAS, the Community Redevelopment Law further provides
in Section 33433 that before any property acquired, in whole or
in part, with tax increment monies is sold or leased for develop-
ment pursuant to a redevelopment plan, such sale or lease shall
first be approved by the City Council after a public hearing,
that notice of the time and place of the hearing shall be published
in a newspaper of general circulation in the community for at
least two (2) successive weeks prior to the hearing, and that the
Agency shall make available for public inspection a copy of the
proposed sale or lease and a summary of the financial aspects of
the proposal; and
WHEREAS, notice of joint public hearing by the City
Council of the City of Bakersfield and the Agency was published
in the Bakersfield Californian on November 2 and November 9,
1982; and
WHEREAS, the Agency prepared a report pursuant to
Section 33433 of the Community Redevelopment Law containing a
copy of the Agreement and a summary describing the cost of the
Agreement to the Agency, the value of the property interest to be
conveyed, the purchase price and other information required by
said Section 33433, and said report was made available to the
public for inspection; and
WHEREAS, the City Council and the Agency held a joint
public hearing on November 16, 1982, in the City Council Chambers
to consider and act on the disposition and development of the
Site pursuant to the Agreement; and
WHEREAS, the environmental effects of the proposed
development were properly studied and assessed and it was determined
that the Project would not cause any significant environmental
effects, and a Negative Declaration was approved and adopted on
April 27, 1982. The Agency further finds and determines that
there have _not been any changes in the Proiect which would require
another environmental review;
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of Bakersfield as follows:
SECTION 1. The City Council hereby finds and determines
that the lease payments for the Site pursuant to the DDA constitute
a fair and equitable price for the land according to its value
and such consideration is necessary to effectuate the purposes of
the Redevelopment Plan. This finding is based upon the reasons
contained in the financial summary prepared pursuant to Section
33433 of the Community Redevelopment Law.
SECTION 2. The City Council hereby approves and autho-
rizes execution of the First Implementation Agreement to the
Disposition and Development Agreement by the Agency.
o0o
I HEREBY CERTIFY that the foregoing Resolution was
passed and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on the 16%h day of November , 19 8~
by the following vote:
AYES: COUNCILMEN: BARTON, CHRISTENSEN, MEANS, PAYNE,
NOES: COUNCILIv~,EN:
ABSENT: COU~ "' ¢,'l ·
APP /~his' 16t-h'~a-~ of November ,
MAY~' Ff t~e ~field
CITY ~Ex~l~rk of the
Council of the City of Bakersfield
1982
APPROVED .as to form:
AT~'~' f h~~ f kersfield
CI ATTORNE/~oft e C it~4'~ofBa
bl 3.
11-5-82