HomeMy WebLinkAboutOrdinance 2184 N.C.S. 06/07/2004¢R
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EFFECTIVE DATE OF
ORDINANCE
July 7, 2004 ORDINANCE NO. 2184 N.C.S.
Introduced by Seconded by
Mike O'Brien
Mike Healy
AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
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, 1976, by Ordinance 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. 2116 N.C.S. adopted June 18, 2001, added territory
("the Added Area") to the Project Area; and,
WHEREAS, the Redevelopment Plan contains certain time limitations on the
effectiveness of the Redevelopment Plan and the Agency's ability to receive fax
increment revenue to repay Agency indebtedness incurred to carry out
redevelopment activities within the Project 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 33000
et seq.) and to implement the Redevelopment Plan; and,
Ordinance No. 2184 N.C.S. Page 1
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2 WHEREAS, effective September 1, 2003, SB 1045 added Section 33681.9 to the
3 Health and Safety Code, pursuant to which the Agency is required to make a payment
4 during the 2003-04 fiscal year for deposit in the Sonoma County Educational Revenue
5 Augmentation Fund; and,
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7 WHEREAS, SB 1045 amends Section 33333.2 of the Health and Safety Code to
8 provide that when a redevelopment agency is required to make a payment pursuant
9 to Section 33681.9, the legislative body may, by adoption of an ordinance, amend a
10 redevelopment plan to extend by one year the time limit on the effectiveness of the
11 plan and the time limit for repayment of agency indebtedness with tax increment
12 funds; and,
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14 WHEREAS, SB 1045 further amends Section 33333.2 of the Health and Safety Code
15 to provide that in adopting an ordinance pursuant to the foregoing authority, neither
16 the legislative body nor the redevelopment agency is required to follow the procedural
17 requirements ordinarily required for the amendment of redevelopment plans.
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19 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PETALUMA, CALIFORNIA,
20 DOES HEREBY ORDAIN AS FOLLOWS:
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22 Section 1. The time limit on the effectiveness of the Redevelopment Plan shall
23 be extended by one year to October 27, 2017 for the original Project Area and
24 to July 18, 2032 for the Added Area.
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26 Section 2. The time limit on the receipt of property taxes and repayment of
27 indebtedness pursuant to Health and Safety Code section 33670 shall be
28 extended one year to October 27, 2027 for the original Project Area and to July
29 18, 2047 for the Added Area.
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31 Section 3. Ordinance Nos. 1221, 1973, 2092 and 2116 are continued in full
32 force and effect except as amended by this Ordinance.
Ordinance No. 2184 N.C.S. Page 2
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Section 4. The City Clerk is hereby directed to send a certified copy of this
Ordinance to the Agency.
Section 5. If any section, subsection, sentence, clause or phrase or word of
this ordinance is for any reason held to be unconstitutional, unlawful or otherwise
invalid by a court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this ordinance. The City Council of the City
of Petaluma hereby declares that it would have passed and adopted this
ordinance and each and all provisions thereof irrespective of the fact that any
one or more of said provisions be declared unconstitutional, unlawful or
otherwise invalid.
Section 6. This ordinance shall become effective thirty (30) days after the
date of its adoption by the Petaluma City Council.
Section 7. The City Clerk is hereby directed to post this ordinance for the period
and in the manner required by the City Charter.
INTRODUCED and ordered posted/wed this 17th day of May 2004.
ADOPTED this 7th day of June 2004, by the following vote:
AYES: Mayor Glass, Harris, Healy, Vice Mayor Moynihan, O'Brien,
Thompson, Torliatt
NOES: None
ABSENT: None
avid I
"GI'assMayor
Ordinance No. 2184 N.C.S.
Page 3
I ATTEST:
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6 Gayle P ersen, City Clerk
APPROVED AS TO FORM:
Ordinance No. 2184 N.C.S. Page 4
