HomeMy WebLinkAboutOrdinances 1972 11/21/1994ORDINANCE NO. 1972 N.C.S.
Introduced by Seconded by
Carole Barlas
Ross Parkerson
1 AN ORI)INANCE ESTAI3LIS~IING AND AMENDING CERTAIN 'I'i1VIE ~.IIVIITATIONS
2 WI'I'I~ RESPECT 'I'O TI3E REDEVELOPMENT PI,AN FOR '~'HE PE~'AI,UMA
3 COMMiJNITY R~DEVELOPMENT PROJEC'a'
4
5 BE IT ORDAINED BY THE Council of the City of Petaluma as follows:
6 Section I
7 A. The City Council of the City of Petaluma adopted Ordinance #1725 N.C.S. on the 18th
8 day of July, 1988 approving and adopting the Redevelopment Plan for the Petaluma
9 Community Development Project Area.
10 B. The Petaluma Community Development Commission (commission) of the City of
11 Petaluma has been designated the official redevelopment agency to carry out the
12 functions and requirements of the Community Redevelopment Law, State of California
13 (Health and Safety Code Section 33000 et sec) and to implement the Redevelopment
14 Plan.
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15 C. Pursuant to Community Redevelopment Law, the City Council adopted certain limits
16 with respect to initiation of plan activities as contained in Section IX of the
17 Redevelopment Plan.
18 D. Section 33333.6 of the Community Redevelopment Law established certain limitations
19 on the incurrence of and repayment of indebtedness and the duration of redevelopment
20 plans which limitations apply to every redevelopment plan adopted on or before
21 December 31, 1993.
22 E. Section 33333.6 further provides that unless a redevelopment plan adopted prior to said
23 date already contains limitations which comply with that section, the legislative body
24 shall adopt an ordinance on or before December 31, 1994 to amend the Redevelopment
25 Plan either; 1) to amend an existing time limit that exceeds the applicable time limit
26 established by that section, or 2) to establi~sh time limits that do not exceed the provisions
27 of that section.
28 Section II
29 The time limit (duration) of the Redevelopment Plan is through July 18, 2033 and, therefore, is
30 not in compliance with Section 33333.6 of the Community Redevelopment Law. Said Section
31 IX of the PCDP Redevelopment Project Plan is hereby amended to limit the duration of the plan
32 to forty (40) years, i.e., through July 18, 2028 and shall read as follows:
33 Durafion of this Plan
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34 Except for the nondiscrimination and nonsegregation provisions, which
35 shall run in perpetuity, the provisions of this Plan shall be effective and the
36 provisions of other documents formulated pursuant to this Plan may be
37 made effective for forty (40) years from the date of adoption of the last
38 amendment to this Plan by the City Council.
39 Section III
40 The time limit on the establishment of loans, advances, and indebtedness as set forth in the
41 PCDP is indeterminate and therefore should be amended to correspond to Section 33333.6.
42 Therefore, Section VI E.2. of the PCDP Redevelopment Plan is hereby amended to read:
43 No loan, advance or indebtedness to finance in whole or in part the
44 Redevelopment Project and payable in whole ar in part from tax increment
45 revenues shall be established after a date twenty (20) years from the
46 effective date of the ordinance approving and adopting this Plan.
47 Section IV
48 The agency shall not pay indebtedness or receive property taxes pursuant to Health and Safety
49 Code 33670 after 10 years from the termination of the effectiveness of the Redevelopment Plan.
50 Therefore, based upon the termination of the effectiveness (duration) of the Redevelopment Plan
51 set forth in Section II above, Section VI B.3. is hereby added to the PCDP Redevelopment Plan
52 to read:
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53 The agency shall not pay indebtedness nor receive property taxes in
54 furtherance of the PCDP Redevelopment Project after July 18, 2038.
55 Section V
56 This ordinance amending the Redevelopment Plan is adopted pursuant to Health and Safety Code
57 Section 33333.6 in addition to the specific limitations established and amended as provided in
58 Sections II, III and IV of this ordinance, this ordinance hereby incorporates, by reference, those
59 provisions of subsections g and h of said Section 33333.6.
60 Section VI
61 The City Clerk is hereby directed to send a certified copy of this ordinance to the Petaluma
62 Community Development Commission.
63 Section VII
64 This ordinance shall be in full force and effect on the 31 st day following its adoption.
65 Section VIII
66 If any part of this ordinance is held to be invalid for any reason, such decision shall not affect the
67 validity of the remaining portion of this ordinance and the City Council hereby declares that it
68 would have passed the remainder of the ordinance if such invalid portion thereof had not been
69 deleted.
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INTRODUCED and ordered posted, this 7
ADOPTED this 21st
day of November , 1994.
day of November , 1994 by the following vote:
AYES: Parkerson, Read, Hamilton, Barlas, Shea, Vice Mayor Sobel, Mayor Hilligoss
NOES: None
ABSENT: None
.
Mayor
ATTEST
~
City C1erk~~pU'TY C1'~ ~l.F!?!C
mk/winword6/ordin
Ord. 1972 NCS
Page5of5
APPROVED AS TO FORM: