HomeMy Public PortalAbout23) 8C 2nd Reading & Adoption of Ord 12-955 Economic DevelopmentCity Council
June 5, 2012
Page 2
CONCLUSION:
The City Council is requested to waive further reading and adopt Ordinance No. 12-955,
setting forth a framework to stimulate economic growth , invigorate the city's business
sector, revitalize neighborhoods and generate new tax revenues .
FISCAL IMPACT:
There is no direct financial impact associated with adopting the Ordinance. Funding
requests for specific economic development initiatives will be presented for City Council
consideration on a case-by-case basis or as part of the City's annual budget process.
ATTACHMENT:
A. Ordinance No. 12-955
ORDINANCE NO. 12-955
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY,
CALIFORNIA, ADDING CHAPTER 10 [ECONOMIC DEVELOPMENT] TO TITLE 9
OF THE TEMPLE CITY MUNICIPAL CODE AUTHORIZING THE EXPENDITURE
OF CITY FUNDS FOR ECONOMIC DEVELOPMENT PURPOSES
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS:
SECTION 1: Findings. The City Council hereby makes the following findings :
A . The City of Temple City is a charter city, and the City Council is vested with the
power to make and enforce ordinances and regulations with respect to all municipal affairs
by Article XI ,§ 5 of the California Constitution and the City Charter.
B. Fiscal policies and decis ions on the expenditure of City funds are municipal affairs,
and the City may adopt ordinances and regulations pertaining to how City funds may be
expended provided that such ordinance or regulation is consistent with the City's charter.
C . Article XI, § 7 of the California Constitution also vests in the City the power to
make and enforce within its limits ordinances and regulations that promote the public health
and welfare that are not in conflict with general laws .
D . The California Supreme Court has interpreted Article XI , § 7 to authorize local
ordinances and regulations that "promote the economic welfare, public convenience , and
general prosperity of the community," (Miller v. Bd. of Pub . Works (1925) 195 Cal. 477).
E. The City Council desires to clarify that economic growth and development within
the City aids in the promotion of the health and welfare of the inhabitants of the City and is a
general benefit to them by and through the provision of improved housing opt ions, improved
retail and commercial options , improved dining options, and an improved tax base that aids
the City in providing municipal services to the residents .
F. The City Council desires to further clarify that the use of City funds for econom ic
development activities is a proper use of City funds because economic development is a
municipal affair with a clear benefit to the inhabitants of the City.
G . The City Council wishes to authorize City staff to carry out economic development
activity for the benefit of the City and its inhabitants .
SECTION 2: Addition of Chapter 10 to Title 9. Chapter 10 [Economic Development]
is hereby added to Title 9 of the Temple City Municipal Code to read as follows :
"Chapter 10 Economic Development
2950 : PURPOSE
The City of Temple City shall undertake economic development activities , including but not
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limited to those enumerated in this Chapter, for the purpose of promoting the general health
and welfare, the economic welfare, the public convenience and general prosperity of the
inhabitants of the City. The economic development activities authorized by this Chapter
accomplish these purposes and are municipal affairs.
2951: AUTHORIZED ACTIVITIES
In order that the purpose of this Chapter be accomplished, the City Council, or the City
Manager or his designee if directed or delegated to by the City Council, is authorized to
perform the following activities:
A. Purchase, lease, obtain option upon, acquire by gift , grant, bequest, devise, or
otherwise , any real or personal property, any interest in property, and any improvements on
it, including repurchase of developed property previously owned by the City;
B. Acquire real property by eminent domain if the acquisition of the real property is
found by the City Council to be necessary for the economic development of the City;
C. Dispose of real and personal property for fair market value, or for less than fair
market value of the property so long as the disposition is found to aid in the purposes of this
Chapter;
D. Provide for site preparation work, including but not limited to demolition, clearing,
and hazardous substance remediation, for private developments;
E. Insure, rent, manage , operate, repair, and clear real property owned by the City;
F. Rehabilitate, alter, construct buildings on, or otherwise improve real property in
anticipation of disposal or long-term lease of the property to a private or public entity;
G . Acquire, demolish, repair, and replace buildings or other improvements damaged
or destroyed due to a state or nationally declared emergency;
H. Accept financial assistance from public or private sources for the purpose of
engaging in economic development activities;
I. Provide financial assistance in the form of grants, loans, payments of insurance
premiums, tax rebates, or other assistance to assist in the attraction or retention of
commercial and industrial activity in the City;
J . Provide financial assistance in the form of grants, loans, payments of insurance
premiums, tax rebates, or other assistance to assist in the attraction or retention of multi-
family housing development to the City;
K. Take such other action as the City Council finds necessary and appropriate to
encourage economic development within the City for the purposes of this Chapter."
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SECTION 3: Severability. The City Council hereby declares that, should any
provision, section, subsection, paragraph, sentence, clause, phrase, or word of this
Ordinance or any part thereof, be rendered or declared invalid or unconstitutional by any
final court action in a court of competent jurisdiction or by reason of any preemptive
legislation, such decision or action shall not affect the validity of the remaining section or
portions of the Ordinance or part thereof. The City Council hereby declares that it would
have independently adopted the remaining provisions, sections, subsections, paragraphs,
sentences, clauses, phrases, or words of this Ordinance irrespective of the fact that any one
or more provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or
words may be declared invalid or unconstitutional.
SECTION 4: Publication. The City Clerk shall certify to the passage and adoption of
this Ordinance and to its approval by the Mayor and shall cause the same to be published
according to law.
PASSED, APPROVED, AND ADOPTED this 6th day of June 2012.
MAYOR
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
I, Peggy Kuo, Acting City Clerk of the City of Temple City, hereby certify that the foregoing
Ordinance No. 12-955 was introduced at the regular meeting of the City Council of the City
of Temple City held on the 15 1h day of May 2012, and was duly passed, approved and
adopted by said Council at the regular meeting held on June 5, 2012 by the following vote:
AYES:
NOES:
ABSENT:
Acting City Clerk
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