HomeMy WebLinkAboutOrdinance 2092 N.C.S. 06/21/1999 J U L 211999
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14 ORDINANCE NO. 2092 N.C.S.
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16 Introduced by Councilmember Seconded by Councilmember
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18 Matt Maguire Pamela Torliatt
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20 AN ORDINANCE OF THE CITY OF PETALUMA AMENDING CERTAIN
21 LIlVIITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE
22 CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT
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24 BE IT ORDAINED BY THE COUNCII. OF THE CITY OF PETALUMA AS
25 FOLLOWS:
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27 WHEREAS, the City Council of the City of Petaluma (the "City Council") adopted
2s Ordinance No. 1221 N.C.S. on September 27, 1976, approving and adopting the
29 Redevelopment Plan (the "Redevelopment Plan") for the Central Business District
3o Redevelopment Project (the "Project"); and
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32 WHEREAS, on November 21, 1994, the City Council adopted Ordinance No. 1973,
33 establishing and amending certain limitations with respect to the Redevelopment Plan,
34 approving and adopting an amendment to the Redevelopment Plan establishing and
35 amending certain time limits; and
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2 WHEREAS, the Petaluma Community Development Commission (the "CDC") has been
3 designated as the official redevelopment agency in the City of Petaluma to carry out the
4 functions and requirements of the Community .Redevelopment Law of the State of
5 California (Health and Safety Code Section 33000 et seq.) and to implement the
6 Redevelopment Plan; and
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8 WI~REAS, Section 33333.6 of the Community Redevelopment Law requires that every
9 redevelopment plan adopted on or before December 31, 1993, contain certain limitations:
10 1) if the plan contains the provisions set forth in Section 33670 of the Community
11 Redevelopment Law ("tax increment authority"), a time limit on the establishing of loans,
12 advances and indebtedness which shall not exceed 20 years from the adoption of the
13 redevelopment plan or January 1, 2004, whichever is later; 2) a time limit on the
14 effectiveness of the redevelopment plan which shall not exceed 40 years from the adoption
15 of the redevelopment plan or January 1, 2009, whichever is later; and 3) a time limit on the
~6 repayment of the indebtedness which shall not exceed 10 years from the termination of the
17 effectiveness of the redevelopment plan; and
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19 WHEREAS, the Redevelopment Plan provides, in Section VII thereof, that its provisions
20 shall be effective for 25 years from the date of adoption of the Redevelopment Plan by the
21 City Council; that time limit, resulting in a termination date for the Redevelopment Plan of
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1 September 27, 2001, is less than the maximum permitted by subdivision (b) of health and
2 Safety Code Section 33333.6 and may, therefore, be amended; and
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4 WHEREAS, Ordinance No. 1973 established a time limit for the repayment of
s indebtedness which provides that the CDC shall not repay loans, advances or indebtedness
6 incurred to finance, in whole or in part, the project after September 27, 2011; that time
7 limit is less than the maximum permitted by subdivision (c) of health and Safety Code
8 Section 33333.6 and may, therefore, be amended; and
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1o WHEREAS, Section 33333.6 further provides that a redevelopment plan adopted prior to
11 January 1, 1994, that has a limitation shorter than the terms provided in that section may
12 be amended by the legislative body by adoption of an ,ordinance on or after January 1,
13 1999, but on or before December 31, 1999, to extend the limitation, provided that the
14 development plan as so amended does not exceed the terms provided in that section; and
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16 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PETALUMA DOES
17 HEREBY ORDAIN AS FOLLOWS:
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19 Section 1. The time limit on the effectiveness of the Redevelopment Plan, as set forth in
20 Section VII of the Redevelopment Plan, shall be amended to read: "forty (40) years from
21 the date of adoption of this Plan." Based upon the date of adoption of the Redevelopment
22 Plan, the effectiveness of the Redevelopment Plan shall terminate on September 27, 2016.
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2 Section 2. The CDC shall not pay indebtedness or receive property taxes pursuant to
3 Health and Safety Code Section 33670 after 10 years. from the termination of the
4 effectiveness of the Redevelopment Plan, as established in Section 1 of this Ordinance.
5 Based upon the termination dates established. in Section 1 of this Ordinance, the CDC shall
6 not pay indebtedness or receive property taxes pursuant to Section 33670 after September
7 27, 2026.
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9 Section 3. Ordinance Nos. 1221 N.C.S. and 1973 N.C.S. are continued in full force and
1o effect as amended by this Ordinance.
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12 Section. 4. The City Clerk is hereby directed to send a certified copy of this Ordinance to
13 the Agency.
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15 Section 5. This Ordinance shall be in full force and effect thirty (30) days after its passage.
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17 Section 6. The City Clerk is hereby ordered and directed to cause this Ordinance to be
18 published once in the Argus Courier, a newspaper of general circulation, published and
19 circulated in the City of Petaluma.
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21 Section 7. If any part of this Ordinance is held to be invalid for any reason, such decision
22 shall not affect the validity of the remaining portion of this Ordinance, and this City
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1 Council hereby declares that it would have passed the remainder of this Ordinance if such
2 invalid portion thereof had been deleted.
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4 IF ANY SECTION, subsection, sentence, clause or phrase or word of this ordinance is for
5 any reason held to be unconstitutional by a court of competent jurisdiction, such decision
6 shall not affect the validity of the remaining portions of this ordinance. The City Council
7 of the City of Petaluma hereby declares that it would have passed and adopted this
8 ordinance and each and all provisions thereof irrespective of the fact that any one or more
9 of said provisions be declared unconstitutional.
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11 INTRODUCED and ordered Posted/111 this 7th day of June ,
12 1999.
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14 ADOPTED this 21st day of June , 1999, by the following vote:
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16 AYES: Healy, Torliatt, Cader-Thompson, Hamilton, Maguire, Vice Mayor Keller
17 Mayor Thompson
18 NOES: None
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20 ABSENT: None
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22 ABSTAIN: None
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25 M or
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27 ATTEST: APPROVED AS TO FORM:
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3o City Cler ~ ity ttor ey
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