HomeMy WebLinkAboutRES NO RA010-09
RESOLUTION NO. R A O 10- 0 9
A RESOLUTION OF THE BAKERSFIELD REDEVELOPMENT
AGENCY RECOMMENDING EXTENSIONS TO CERTAIN
LIMITS RELATING TO THE AGENCY'S REDEVELOPMENT
PLANS PURSUANT TO HEALTH AND SAFETY CODE
SECTIONS 33333.2(c) AND 33333.6(e)
WHEREAS, the Bakersfield Redevelopment Agency (the "Agency") has
been duly created, established and authorized to transact business and
exercise its powers under and pursuant to the Community Redevelopment Law
(Part 1 of Division 24 of the Health and Safety Code of the State of California)
(the "CRL"); and
WHEREAS, Section 33333.6(e)(2)(C) and Section 33333.2(c) of the CRL
provide that when an agency is required to make a payment into the county's
Educational Revenue Augmentation Fund ("ERAF") fund for Fiscal Year 2003-04
pursuant to Section 33681.9 of the CRL, the legislative body may amend the
redevelopment plan to extend by one year the time limit on the repayment of
indebtedness ("SB 1045") and the time to receive tax increment and repay
indebtedness; and
WHEREAS, Sections 33333.6(e)(2)(C) and (D) of the CRL provide that when
an agency is required to make a payment to the county's ERAF pursuant to
Section 33681.12 of the CRL (during fiscal year 2004-05 and/or 2005-06), the
legislative body may amend the redevelopment plan by adoption of an
ordinance to extend, by one year for each year in which a payment is made,
the time limit on the effectiveness of the redevelopment plan and the time limit
on the repayment of indebtedness and receipt of tax increment funds ("SB
1096") if the time limit for the effectiveness of the redevelopment plan
established pursuant to subdivision 33333.6(a) is (1) 10 years or less from the last
day of the fiscal year in which a payment is made or (2) greater than 10 years
and less than 20 years from the last day of the fiscal year in which a payment is
made upon the making of certain findings; and
WHEREAS, the Agency made payments to the County of Kern ERAF
pursuant to Sections 33681.9 and 33681.12 of the CRL during fiscal years 2003-04,
2004-05 and 2005-06; and
WHEREAS, at this time the Agency desires to amend the Redevelopment
Plans for Downtown Bakersfield Redevelopment Project, the Old Town Kern-
Pioneer Redevelopment Project and the Southeast Bakersfield Redevelopment
Project (collectively, the "Redevelopment Plans") in accordance with the
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applicable sections stated above and has provided information to the City
Council with respect to the requirements of the law and the findings to be
made; and
WHEREAS, pursuant to SB 1045 and SB 1096, the Agency desires to amend
the Redevelopment Plan for Downtown Bakersfield Redevelopment Project to
increase by 3 years the limits on effectiveness and the time to pay indebtedness
and receive tax increment for each of the original area and added areas of the
plan; and
WHEREAS, pursuant to SB 1045, the Agency desires to amend the
Redevelopment Plan for the Southeast Bakersfield Redevelopment Project and
the Redevelopment Plan for the Old Town Kern-Pioneer Redevelopment Project
to extend by one year the permitted limits; and
WHEREAS, the Agency also desires to restate certain financing limits
adopted by prior Ordinances into the Redevelopment Plans; and
WHEREAS, the Agency hereby recommends that the City Council to
adopt an ordinance for each of the Redevelopment Plans providing for said
amendments; and
NOW, THEREFORE, based on the evidence presented to the Agency
Board, including the written staff report, the Agency Board does hereby find,
determine and resolve as follows:
Section 1. The above recitals are all true and correct.
Section 2. The Agency hereby requests that the City Council consider
adopting the above described amendments and the Agency has and shall
provide such information necessary for the City Council to make appropriate
findings for the amendments,
Section 3. The Chair, Executive Director and Secretary and/or any other
authorized officers are hereby authorized to take such actions, perform such
acts as may be necessary to assist the City Council to accomplish the
amendment„ including the mailing and publishing of notices where required,
and such other actions as necessary to effect the purposes hereof.
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HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the Bakersfield Redevelopment Agency at a regular meeting thereof held on
SEP 14 2009 , by the following vote:
YES AGENCY MEMBER BENTLEY, K APP, KOMAN, ORDI, PIC ETT, PRINCE, TAKII
`NAGENCY MEMBER (~SZ
ABSIAIN: AGENCY MEMBER
ARSE AGENCY MEMBER ?Ylr%Al
SECRETARY of the Bakersfie
Redevelopment Agency
APPROVED:
By:
. PHILI B NILE HAIRPERSON
BAKERSFIELD RE VELOPMENT AGENCY
APPROVED AS TO FORM:
VIRGINIA GENNARO
GENERAL COUNSEL /~l
By: ----o
J HUA H. RUDNICK
eputy City Attorney, II
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