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HomeMy WebLinkAboutORD 1098ORD 1098ÜÂ;¢f쨿 ORDINANCE NO.1098 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING THE REDEVELOPMENT PLAN FOR THE SIERRA VISTA REDEVELOPMENT PROJECT AREA. WHEREAS, on July 2, 1986, the City Council of the City of Baldwin Park the City") adopted Ordinance No. 947, approving the Redevelopment Plan for the Sierra Vista Redevelopment Project Area the Redevelopment Plan") as the official redevelopment plan for said project area'. and WHEREAS, the Redevelopment Plan as currently approved allows for the Baldwin Park Redevelopment Agency the Agency") to establish loans, advances, and/or indebtedness to finance in whole, or in part, the redevelopment project until July 2, 2016: and WHEREAS, the Redevelopment Plan as currently approved allows the Agency to repay loans, advances, or indebtedness for an indeterminate period of time beyond July 2,2016: and WHEREAS, pursuant to Stats. 1993, C. 942 AB 1290), the California Legislature enacted Health and Safety Code Section 33333.6 which requires revisions to the time limits on the exercise of certain rights and powers pursuant to redevelopment plans adopted on or before December 31, 1993. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: 1. No loans, advances, or Indebtedness to be repaid from property tax received pursuant to Health and Safety Code Section 33670 shall be established pursuant to the Redevelopment Plan after July 2, 2006. This limitation shall not, however, prevent the Agency from incurring debt to be paid from the Low and Moderate Income Housing Fund or establishing more debt in order to fullill the Agency's housing obligation under Health and Safety Code Section 33413 after said date. 2. Except as specifically provided herein, the Agency shall not pay Indebtedness or receive property tax pursuant to Health and Safety Code Section 33670 under the Redevelopment Plan after July 2,2026. The limitations Imposed by this Ordinance shall not be construed to affect the validity of any bond, indebtedness, or other obligation authorized by the City Council or the Agency pursuant to the Community Redevelopment Law Health and Safety Code Section 33000, Z prior to January 1,1994, nor shall the provisions of the Ordinance be construed to affect the right of the Agency to receive property taxes, pursuant to Health and Safety Code Section 33670, to pay such Indebtedness or other obligation. The limitations established in this Ordinance shall not be applied to limit allocation of taxes to the Agency to the extent required to eliminate project deficits created under subdivision e) of the Health and Safety Code Section 33320.5, subdivision g) Z) of Health and Safety Code Section 3334.6, or subdivision d) of Health and Safety Code Section 33487, in accordance with the plan adopted pursuant thereto for the purpose of eliminating any deficit or to implement a replacement housing program pursuant to Health and Safety Code Section 33413. In the event of a conflict between these limitations and the obligations under Health and Safety Code Section 33334.6 or to Implement a replacement housing program pursuant to Health and Safety Code Section 33413, the City Council shall amend this ordinance to modify the limitations to the extent necessary to permit compliance with the plan adopted pursuant to subdivision g) of Health and Safety Code Section 33334.6 and to allow full expenditure of monies in the Agency's Low and Moderate Income Housing Fund in accordance with Health and Safety Code Section 33334.3 or to permit implementation of the replacement housing program pursuant to Health and Safety Code Section 33413. 3. If Health and safety Code Section 33333.6 is amended to revise the limitations required to be imposed upon redevelopment plans thereunder, the Redevelopment Plan shall be deemed to have been automatically amended as so required. BIB] 37643-U01 ORD-U02 1098-U02 LI2-U03 FO4263-U03 FO4300-U03 DO4320-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1098-U05 JAN-U05 18-U05 1995-U05 ORD 1098ÜÂ;¢f쨿 ORDINANCE NO. 1098 Page 2 4. The limitations established in Sections 1, and 2 of this Ordinance shall apply to the Redevelopment Plan as if the Redevelopment Plan had been amended to include those limitations, but in adopting such revisions neither the City Council nor the Agency is required to comply with Article 12 commencing with Section 33450) of the Community Redevelopment Law or any other provision of the Community Redevelopment Law Health and Safety Code Section 33000, et. Z.) relating to the amendment of the redevelopment plans. 5. Should any portion or provision of this Ordinance be held by a final judgment of a court of competent jurisdiction to be invalid or unenforceable. the remaining portions of this Ordinance shall remain in full force and effect. 6. In the event of an error In calculating the applicable time limits pursuant to Health and Safety Code Section 33333.6, nothing in this Ordinance shall be construed as setting any time limit other than as set forth in the Redevelopment Plan as such Redevelopment Plan is required to be amended by Health and Safety Code Section 33333.6. PASSED BY THE BALDWIN PARK CITY COUNCIL on January 18, 1995. SIGNED AND APPROVED on February 1, 1995. MAYOR LINDA L. GAIR, ClTY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES) ss: CITY OF BALDWIN PARK I, LINDA L. GAIR, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on January 10 1995. That, thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on February 1 1995 by the following vote: AYES COUNCILMEMBER LOWES MARTINEZ LOZANO MUSE MAYOR VARGAS NOES COUNCILMEMBER NONE ABSENT COUNCILMEMBER NONE ABSTAIN COUNCILMEMBER NONE. LINDA L. GAIR, CITY CLERK BIB] 37643-U01 ORD-U02 1098-U02 LI2-U03 FO4263-U03 FO4300-U03 DO4320-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1098-U05 JAN-U05 18-U05 1995-U05