HomeMy WebLinkAboutOrdinance No. 91-O18 ORDINANCE NO. 94-018
AN ORDINANCE OF THE CITY OF AZUSA AMENDING THE
REDEVELOPMENT PLAN FOR THE CENTRAL BUSINESS
DISTRICT REDEVELOPMENT PROJECT TO IMPOSE
NEW PLAN LIMITS
WHEREAS, the City Council of the City of Azusa previously
adopted the original Redevelopment Plan for the Central Business
District Redevelopment Project, (the "Redevelopment Project") by
Ordinance No. 2062 , and subsequently adopted First Amendment to the
Redevelopment Plan for the Azusa Central Business District
Redevelopment Plan by Ordinance No. 2077 , Second Amendment to the
Redevelopment Plan for the Azusa Central Business District
Redevelopment Plan by Ordinance No. 2113 , Third Amendment to the
Redevelopment Plan for the Azusa Central Business District
Redevelopment Plan by Ordinance No. 2197 , Fourth Amendment to the
Redevelopment Plan for the Azusa Central Business District
Redevelopment Plan by Ordinance No. 2249 , and Fifth Amendment to
the Redevelopment Plan for the Azusa Central Business District
Redevelopment Plan by Ordinance No. 2250, copies of which documents
are on file at the office of the City Clerk, The City of Azusa, 213
East Foothill Boulevard, Azusa, California 91702 and at the office
of the Agency at the same address; and
WHEREAS, the Community Redevelopment Agency of the City
of Azusa (the "Agency") is carrying out the redevelopment of the
Redevelopment Project; and
WHEREAS, the California Legislature in 1993 enacted
Assembly Bill No. 1290 requiring every legislative body having
jurisdiction of a redevelopment agency formed pursuant to the
California Community Redevelopment Law to amend, no later than
December 31, 1994 , the redevelopment plans applicable to such
agencies in various respects, without complying with the procedural
requirements for amending redevelopment plans as set forth in
section 33450 et seq. of the California Health and Safety Code; and
WHEREAS, the time limit for establishing loans, advances,
and indebtedness is required by Section 33333 . 6 (a) (1) of the Health
and Safety Code to terminate at a date which does not exceed 20
years from the adoption of the plan, or January 1, 2004 , whichever
is later; and
WHEREAS, the Project Area territory under the
Redevelopment Plan as amended by Amendments No. 1 through 4 is
subject to a time limit for establishing loans, advances, and
indebtedness which extends to December 17 , 2004 , which time limit
is longer than that allowed by law; and
WHEREAS, the Project Area territory added by Amendment
No. 5 to the Redevelopment Plan is subject to a time limit which
extends to December 17 , 2004 , which time limit is less than 20
years from the adoption of Amendment No. 5 and therefore
permissible under the law; and
WHEREAS, the effectiveness of the Redevelopment Plan is
required by Section 33333 . 6 (b) of the Health and Safety Code to
terminate at a date which does not exceed 40 years from the
adoption of the plan, or January 1, 2009, whichever is later, and
the Redevelopment Plan terminates as of September 18 , 2013 , which
is less than the maximum allowed under the statute; and
WHEREAS, the Agency has requested the City Council to
adopt an ordinance which conforms with the limits of the above
statute which permits the Agency to repay its indebtedness over a
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period which extends an additional ten (10) years beyond September
18, 2013 , as permitted by Section 33333 . 6 (c) of the Health and
Safety Code; and
WHEREAS, the City Council is permitted to adopt the
required amendments without a public hearing;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA
DOES ORDAIN AS FOLLOWS:
Section 1. Amendment of Redevelopment Plan:
1. The Redevelopment Plan for the Redevelopment Project is
hereby amended at section 502 , Tax Increments, by
amending the sixth paragraph to read as follows:
"The time limit for establishing loans, advances, and
indebtedness in the Project Area territory under the
Redevelopment Plan as amended by Amendments No. 1 to 4
shall terminate January 1, 2004 . The time limit for
establishing loans, advances, and indebtedness in the
Project Area territory added by Amendment No. 5 to the
Redevelopment Plan shall be December 17 , 2004 . Loans,
advances, or indebtedness incurred on or before these
respective dates may be repaid over a period of time
beyond the time limit, subject to any other limitations
of the Redevelopment Plan. These limits may be extended
by amendment of the Redevelopment Plan. "
2 . The Redevelopment Plan for the Redevelopment Project is
hereby amended at section 800, Duration of this Plan, to
read as follows:
"The Redevelopment Plan termination date, namely
September 18 , 2013 , which is thirty-five (35) years from
the effective date of the adoption of the Redevelopment
Plan, shall be the termination date as required by
Section 33333 . 6 (a) (1) of the Health and Safety Code. "
3 . The Redevelopment Plan for the Redevelopment Project is
hereby amended by adding a new section 505, Receipt of
Property Taxes; Repayment of Debt, which shall read in
its entirety as follows:
"Section 505. Receipt of Property Taxes; Repayment of
Debt. In accordance with Section 33333 . 6 (c) of the
Health and Safety Code of the State of California, the
Agency shall receive property taxes which are allocated
and paid to it pursuant to Section 33670 of said Code,
and the Agency shall be authorized to repay any loans,
advances and indebtedness incurred by the Agency
hereunder, during the period which ends ten (10) years
following the termination of the effectiveness of this
Redevelopment Plan, namely September 18, 2013 . This
section shall not be construed to affect the validity of
any bond, indebtedness, or other obligation authorized by
the City Council or Agency prior to January 1, 1994 , nor
shall it be construed to affect the right of the Agency
to receive property taxes which are allocated and paid to
it pursuant to Section 33670 of said Code to pay
indebtedness or other obligation, including but not
limited to the obligations set forth in Section
33333 . 6 (g) of said Code. "
Section 2 . Publication - The City Clerk is hereby
ordered and directed to certify to the passage of this Ordinance
and to cause the same to be published in the
, a newspaper of general circulation,
published and circulated in the City of Azusa.
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• Section 3 . Effective Date - This ordinance shall be
in full force and effect thirty-one (31) days after its passage.
APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
AZUSA, THIS 19th DAY OF DECEMBER, 1994 .
Mayor
ATTEST: /
AO,
//' ,4/
City Clerk /
APPROVED TO FORM:
Ci JV " orney
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) ss .
CITY OF AZUSA
I HEREBY CERTIFY that the forgoing Ordinance No. 94-019
was subject to a first reading at a regular meeting of the City
Council of the City of Azusa on the 5th day of December 1994.
That thereafter, said Ordinance was duly adopted and passed at a
regular meeting of the City Council on the 19th day of December , 1994,
by the following vote, to wit;
AYES: COUNCILMEMBERS: HARDISON, MADRID, NARANJO,BEEBE
NOES: COUNCILMEMBERS: ALEXANDER
ABSENT: COUNCILMEMBERS: NONE
1. 441411111
'TI LPH /LIS, CITY CLERK
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