HomeMy WebLinkAboutAgenda Bill 3.C-Ord 06/07/2004EFFECTIVE DATE O.F 6' LL y'
ORDINANCE
ORDINANCE NO. 2184 N:C.S.
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Introduced by
Seconded by
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AN ORDINANCE' OF THE COUNCIL OF THE'CITY OF PETALUMA
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
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WHEREAS, the City Council of the .City of Petaluma ,(the "City Council "), originally
approved and adopted a redevelopment, plan for the Central Business District Project
Area (the "Project Area ") on September 27, 1 byOrdiri'ance No. 1221 N.C.S.; and
WHEREAS, the Redevelopment Plan was amended by Ordinance No. 1973 N.C.S.
adopted November 21, 1994, by Ordinance No. 2092 N.C.S. adopted July 21, 1999 and
by Ordinance No. 2116 N.C..S. adopted June 18 2001 (as so amended hereafter the
"Redevelopment Plan "; and,
WHEREAS, Ordinance No. 2`116 N.C.S. adopted June 18, 2001, added territory
( "the Added Area ") to the P.roject.Area and,
WHEREAS, the Redevelopment Plan contains, :certain time limitations on the
effectiveness of the Redevelopment Plan and the Agency's ability to receive tax
increment revenue to repay Agency indebtedness incurred to carry out
redevelopment activities within the.Proje.ct Area and the Added Area; and,
WHEREAS, the Redevelopment ; Agency of the. City of Petaluma, California (the
"Agency "), has been designated as the official redevelopment agency in the City of
Petaluma to carry out the functions and requirements of the Community
Redevelopment Law of the State of California (Health and Safety Code Section 33.000
et-seq.) and to implement the Redevelopment Plan; and,
WHEREAS, effect. ive September 1, 2003, SB 1045 added Section 3368:`1:9 to the
Health and Safety Code, pursuant to which the Agency 'is required' to make.a payment
during the 2003 -04 fiscal year for deposit in the 'Sonoma County Educational. Revenue
Augmentation Fund; and',
WHEREAS,. SB 1045 amends Section 33333:2 of the Health and Safety Code to
provide that °when a redevelopment agency ,is required to make a payment pursuant
to Section 3368f .9, the legi'sla,tive body may, by adoption of an ordinance, amend a
redevelopment plan to extend by one year the time limit on the effectiveness of the
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Ordinance No. 2'184 KC S. Page 1
1 plan and the time limit for repayment of .agency indebtedness with tax increment
2 funds; and,
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4 WHEREAS, SB 1045 further amends, Section 33333.2 of the Health and Safety Code
5 to provide that in adopting an ordinance pursuant to the foregoing authority, neither
6 the legislative body nor the redevelopment agency is required to follow the procedural
7 requirements ordinarily required for the amendment of redevelopment plans.
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9 NOW„ THEREFORE, THE CITY COUNCIL OF THE CITY OF PETALUMA, CALIFORNIA,
10, DOES HEREBY ORDAIN AS FOLLOWS:
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12 Section 1 . The time limit on the effectiveness of the Redevelopment Plan shall
13 be extended by one year to October 27, 2017 for the original Project Area and
14 to July 18, 2032 for the Added Area.
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16 Section 2 . The time limit on the receipt of property taxes and repayment of
17 indebtedness pursuant to Health and Safety Code section 33670 shall be
18 extended one year to October 27, 2027 for the original Project Area and to July
19 18, 2047 for the Added Area.
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21 Section 3 . Ordinance Nos. 1221, 1973, 2092 and 2116 are continued in full
22 force and effect except as amended by this Ordinance.
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24 Section 4 , The City Clerk is hereby directed to send a certified copy' of this
25 Ordinance to th °e. Agency.
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27 Section,5 If' any section, subsection, sentence, clause or phrase or word of
28 this ordinance is for any reason held to be unconstitutional, unlawful' or otherwise
29 invalid by a court of competent jurisdiction, such decision shall- n,of affect the
30 validity of the remaining portions of this ordinance. The City Council of -the City
31 of Petaluma hereby declares that it would have passed and adopted this
32 ordinance and each and all provisions thereof irrespective of the fact that any
33 one or more of said provisions be declared unconstitutional, unlawful or
34 otherwise invalid.
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36 Section 6 . This ordinance shall become effective thirty (30)' days after the
37 date of its adoption by the Petaluma City Council.
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39 Section 7 . The City Clerk is hereby directed to post this ordinance for.fhe period
40 and in the manner required by the City Charter.
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42 INTRODUCED and ordered posted /shed this 17th day of May 2004.
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44 ADOPTED this day of 2004, by the following vote:
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46 AYES:
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Ordinance No: 2184 N.C.S. Page 2
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13 ATTEST:
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18 Gayle Petersen, City Clerk
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'David Glass, Mayor
APPROVED AS TO FORM:
Richard R. Rudnansky, City Attorney
Ordinance No. 2184 N.CS. Page 3