HomeMy WebLinkAboutRES NO 135-83121583
COUNCIL RESOLUTION NO. 135-53
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BAKERSFIELD APPROVING AND
AUTHORIZING THE EXECUTION OF A THIRD
IMPLEMENTATION AGREEMENT TO THE DISPOSI-
TION AND DEVELOPMENT AGREEMENT BETWEEN
THE CITY COUNCIL OF THE CITY OF BAKERSFIELD
AND BAKERSFIELD METROPOLITAN ASSOCIATION
WHEREAS, pursuant to the California Community
Redevelopment 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
Association (the "Developer") entered into a Disposition and
Development Agreement dated May 18, 1982, a First Implement-
ation Agreement to Disposition and Development Agreement
dated November 15, 1982, and a Second Implementation to
Disposition and Development Agreement dated June 8, 1983
(collectively hereinafter referred to as the "DDA") pursuant
to which the Agency agreed to acquire and lease and the
Developer agreed to lease and develop certain real property
(the "Site") located within the boundaries of the Project;
and
WHEREAS, the Agency and the Developer now desire to
make certain modifications and additions to the DDA in light
of current conditions pursuant to a Third 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 development 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, pursuant to Section 33445 of the Community
Redevelopment Law, the Agency is authorized, with the
consent of the City Council, to pay all or any part of the
value of and the cost of installation and construction of
any building, facility, structure or other improvement which
is publicly-owned either within or without the Project Area
upon a determination by the City Council that such building,
facility, structure or other improvement is of benefit to
the Project Area or the immediate area in which the Project
is located, and that no other reasonable means of financing
such building, facility, structure or other improvement are
available to the community; 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 December 1,
December 6 and December 13, 1983; and
WHEREAS, the Agency prepared a report containing the
information required by Sections 33433 and 33679 of the
Community Redevelopment Law, 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 December 15, 1983, in the City Council
Chambers to consider and act on the disposition and develop-
ment 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
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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 Project which would require another environmental
review;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council hereby finds and deter-
mines 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 finds and deter-
mines that the provision of improvements to the civic audi-
torium, and streets, sidewalks, utilities and other improve-
ments by the Agency for the development of the Site is nece-
ssary to effectuate the purposes of the Redevelopment Plan,
and the City Council hereby consents to the provision of
such improvements.
Section 3. The City Council hereby finds and deter-
mines that the provision of the publicly-owned improvements
specified in Section 2 above by the Agency or other public
bodies in connection with the development of the Site are of
benefit to the Project Area and that no other reasonable
means of financing such public improvements are available to
the community, and the City Council hereby authorizes the
Agency to pay for all or any part of the land for and the
costs of installation and construction of such public
improvements.
Section 4. The City Council hereby approves and
authorizes execution of the Third Implementation Agreement
to the Disposition and Development Agreement, and the
Chairman and Secretary of the Agency are hereby authorized
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and directed to execute said
Agency.
PASSED AND ADOPTED this
1983, by the following vote:
Agreement on
l!~th day of
behalf of the
December
AYES:
NOES:
ABSENT:
ATTEST:
~/May
Assistan~ City Clerk
Approved as to form:
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