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Home My WebLink AboutCC Ord 1393 1994-12-12 I I I , ORDINANCE NUMBER /~9~ AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE REDEVELOPMENT PLAN FOR THE SURFS IDE REDEVELOPMENT PROJECT OF THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. On December 20, 1982, the City Council, pursuant to Ordinance No. 1134 of the City, approved and adopted the Redevelopment Plan for the Surfs ide Redevelopment Project. Section 2. Pursuant to Health and Safety Code Section 33333.6, unless a redevelopment plan adopted prior to January 1, 1994, contains all of the limitations required by Section 33333.6 and each of these limitations does not exceed the applicable time limit established by Section 33333.6, the city council, acting by ordinance on or before December 31, 1994, must amend the redevelopment plan either to amend existing time limits which exceed the applicable time limits required by Section 33333.6 or to establish time limits that do not exceed the provisions of subdivisions (a), (b) and (c) of Health and Safety Code Section 33333.6. In adopting such ordinance, neither the city council nor the redevelopment agency is required to comply with Article 12 (commencing with Section 33450) or any other provision of the Community Redevelopment Law (Health and Safety Code Section 33000, et sea.) relating to the amendment of redevelopment plans. Section 3. Pursuant to Health and Safety Code Section 33333.6, Section XXXI is added to the Redevelopment Plan to read as follows: .XXXi. Time Limit on the Establishina of Loans. Advances and Indebtedness Notwithstanding any other provision of this Redevelopment Plan, and except as provided in this Section XXXI and Health and Safety Code Section 33333.6 (a), (g) and (h), or as otherwise permitted by law, the time limit on the establishing of loans, advances, and indebtedness to be paid with the proceeds of property taxes received pursuant to Health and Safety Code Section 33670 to finance in whole, or in part, the redevelopment project is January 19, 1985. The loans, advances indebtedness may be repaid over a period of time longer than this time limit. This limit shall not prevent the Agency from incurring debt to be paid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the Agency's housing obligations under Health and Safety Code Section 33413. In addition, this limit shall not prevent the Agency from refinancing, refunding, or restructuring indebtedness after January 19, 1985, if the indebtedness is not increased and the ~ime during which the indebtedness is to be repaid does not exceed the date on which the indebtedness would have been paid." Section 4. Section XXXII follows: Pursuant to Health and Safety Code Section 33333.6, is added to the Redevelopment Plan to read as .XXXII. Effectiveness of Redevelopment Plan Except as provided in this Section XXXII and Health and Safety Code Section 33333.6 (a), (b), (g) and (h), or as otherwise permitted by law and except for the provisions relating to nondiscrimination and nonsegregation,' which shall run in perpetuity, the effectiveness of this Redevelopment Plan shall terminate on December 20, 2022. After the time limit on the effectiveness of this Redevelopment Plan, the Agency shall have no authority to act pursuant to this Redevelopment Plan except to pay previously incurred indebtedness and to enforce existing covenants, contracts, or other obligations," Ordinance Number ~~~ Section S. Section XXXIII follows: Pursuant to Health and Safety Code Section 33333.6, is hereby added to the Redevelopment Plan to read as "XXXIII. PaYment of Indebtedness and Receiot of Prooertv Taxes Notwithstanding any other provision of this Redevelopment Plan, and except as provided in this Section XXXIII and Health and Safety Code Section 33333.6 (aI, (cl, (gl and I (hI, or as otherwise permitted by law, the Agency shall not pay indebtedness with the proceeds of property taxes received pursuant to Health and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after ten years from the termination of the effectiveness of this Redevelopment Plan. These limitations shall not be applied. to limit the allocation of taxes to the Agency to the extent required to implement a replacement housing program pursuant to Health and Safety Code Section 33413. In addition, these limitations shall not affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Health and Safety Code Section 33401, authorized by the City Council, or the Agency pursuant to the Law, prior to January . 1, 1994, or the right of the Agency to receive property taxes pursuant to Health and Safety Code Section 33670 to pay the bonds, indebtedness or other obligation." Section 6. This Ordinance is adopted pursuant to Health and Safety Code Section 33333.6(el. Section 7. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the I remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase hereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section B. The City Clerk shall certify to the adoption of this Ordinance and is hereby directed to publish this Ordinance in accordance with law. of AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT : ,"t~\\\'b. .=:: 0 ....... 8":'11, :="....... ~OIl'O" .......,,, I. ;.;;:- "+" .. ',"'. '",,"I) 2 u....... ()o.-,. \ ~.:~'1.-lC jf . . 2 ~ 0 : : <~ ~"':O o:i~ . '" .. 11 l~." _ ", ~j:I -~-~ _.0, ~"'''.'' O~ 1"0,,, -..1'1: "." .~ ~; h.."~ (" .............." .",,'\;# "l"\\~~~-=' I I I I Ordinance NUmber ~of~~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Joanne M" Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the fore9oing ordinance is an original copy of Ordinance Number &9J on file in the office ~~the City Clerf)intro~~ed ~t a meeting held on the 0<6 ~ day of ~Bn~J , 1995, and passed, approved and adopte by the City Council of~he City of Se~~,Beac9~t mpeting thereof held on the /~ day of ~LA;h'~ ,1995, by the following vote: AYES. counCilmemba11"", ~~()A.~ct'ifA- NOES: Councilmembers ~." _ ABSENT: councilmembers~11.tkU and do hereby further certify that Ordinance Number ~~~ has been published pursuant to the Seal Beach City.Charter and Resolution Number 2836. Ordinance Number ~~;? . PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange I am a citizen of the United States and a resident of the County afore- . said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled matter. I am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published weekly in the City of ~ Beach, County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 2124n5. Case Number A82583; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of. said .newspaper and not in any su'pplement thereof on the following dates, to-wit: laf8 all in the year 19 94. I certify (or declare) under penalty of perjury that the foregoing is true and correct. PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (310)430-7555 This space for for the County Clerk's Filing Stamp Proof of Publication of . ORQI.~~!'l~~. . ~~~.I<. . I?:\;;, ............................ . SUMMARY ORDINANCE NUMBER 1393 AMENDING SURFSIDE REDEVELOPMENT PROJECT PLAN Ordinance Number 139301 the City 01 Seal Beach, amends the Redevelopment Plan lor the Surtslde Redevelopment Project to provide certain IImds as required by AS 1290 1) a time hmlt on establishing deb1 - this limit musl not exceed 20 years horn Ihe adophon olllle redevelopment plan or January " 2004. whichever IS laler. 2) a time limit on the ettecbveness of the redevelopment plan - this limn must not exceed 40 years from the adoption of the redeveklpmenl plan or January " 2009, whichever IS later, and 3) a lime II'T111 on the repayment of debt - this limit must not exceed 10 years Irom the limit on the eIIBCIIVenelS of the redevelopment p1ln Ordinance Number 1393 was Introduced at the regular City Council meetll'lg 01 November 28th, 1994 and first reading was approved by the fallOWIng vote' AYES Brown, Daane, Forsythe, Hu'ngs. La_ NOES: None MOltOn camecl Ordinance Number 1393 Will receive second reading and be conSidered tar adapltan at the regular City CounCil meeting of December 12th. t 994 Caples of Ordinance Number 1393 are .avallable from the office of the City Clerk, City Hall. 211 - 8th Street. S.a' Beach. telephone (3tO) 431~ 2527. DATED THIS 14th day 01 November, 1994 Joanne M Yea. City Clerk CIty 01 Seal Beacll Pub. Seal B8aCh Sun 12108194 I , I I I I I Ordinance Number ~~~~ PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA. County of Orange I am a citizen of the United States and a resident of the County afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled matter. I am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published weeklv in the City of ~ Beach, County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California,. under the date of 2124f75. Case Number A82583; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: I /1.:). I all in the year 19~. This space for for the County Clerk's Filing Stamp Proof of Publication of C:"'\.'I"\)~"""-' ~ ....' ~ . IT, '".. l' ............................ . Clz'i).r"kl"':<: E:. I,-It." ,l:~)t:.h. I?li-=) ............................ . SUMMARY ORDINANCE NUMBER 1393 AMENDING SURFSIDE REDEVELOPMENT PROJECT PLAN I certify (or declare) under penally of perjury that the foregoing is true and correct. Ordlna"ce Number 1393 01 tne Crl)' 01 Seal Beach, amends fhe A.development Plan for Ih, Surlsllle RedeV8lopm.lII Pmject 10 ~_IImIIl'._'reclby A81290: 1) . lime Ilmll on atBbblhlng debt - this Ilmrt must not exceed 20 r'I~1 'rom the _ 01"" _m.. plan or Janu.ry I, 2004, whichever Is Iller; 2) . lime limIt on Ihe _.... of DI. __m pIen-1hiIINrnIl_not_40 ,..r. from the adoption ollhe redevelopment plan or January I, 2009, whlchev.r Ia later. Ind 3) . _limit an "" _III of debt - this limit muSI nol exceed , 0 ,.ars from the limit on the en_cUvene. of Ihe rtdevetopmem plan. Ordlnanc. Number 1393 *llved aecond I'8IIdlng IIIId ... adopted by the City Council 8' 8 regular me.tlng thereol held on 1211I dIIy 01 ~r. 11194 bylhe IaIIowInD -: AYES: Brawn. Doane, Ha.llngs. WZIo NOES: IIonIl .-ASSENT FOrsythe _ Cented CopIes 01 Ordinance Number 1393 Ire lvallable from the ofhce 01 the CIIY Clerk. City H.II, 211 - 81h _. SNI_: IeIep/lane (310) 431-2527. DATED THIS 30lh d.y 01 _'.11194. _ M. Vea. CllyClerk .f?lttol_- Pub. _SNell Sun 11121115 Dated at Seal Beach, California, this \?- day Of'tr.... ~' 19~. ~;;~ PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Mlln Street Sell Belch, CA 90740 (310)430-7555