HomeMy Public PortalAboutOrdinance 12-9551
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 decisions 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 options, 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 economic 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 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
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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 multifamily 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."
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
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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.
I, Peggy Kuo, Deputy 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 15th
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:
Councilmember- Blum, Chavez, Vizcarra, Sternquist
Councilmember- None
Councilmember- Yu
Deputy City
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