Loading...
HomeMy Public PortalAboutOrd. 1405.; _ ORDINANCE NO. 1405 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, AMENDING THE REDEVELOPMENT PLAN FOR THE ALAMEDA REDEVELOPMENT PROJECT AREA AND ESTABLISHING CERTAIN LIMITATIONS FOR THE REDEVELOPMENT PLAN PURSUANT TO THE COMMUNITY REDEVELOPMENT LAW REFORM ACT OF 1993 (ASSEMBLY BILL 1290) AND DECLARING THE URGENCY THEREOF WHEREAS, the Redevelopment Plan for the Alameda Redevelopment Project Area was approved and adopted by the City Council of the City of Lynwood on November 18, 1975 by Ordinance No. 993, (hereinafte:r referred to as tha as the _"Redevelopment Plan for the Alameda Redevelopment Project Area"); and WHEREAS, in 1993 the California State Legislature enacted the Community Redevelopment Reform Act of 1993 (AB 1290), making various amendments to the Community Redevelopment Law (Health and Safety Code Section 33000, et sea.), which became effective on January 1, 1994; and . WHEREAS, Health and Safety Code Section 33333.6 expressly provides that certain restrictions and limitations be imposed by way of ordinance for each redevelopment plan adopted prior to December 31, 1993 and that such ordinance shall be deemed to constitute an amendment of the redevelopment plan without the necessity of compliance with Health and Safety Code Section 33450 or any other provision of the Community Redevelopment Law relating to amendment; WHEREAS, Health and Safety Code Section 33333.6 expressly requires that each such redevelopment plan adopted prior to December 31, 1993, contain the subject restrictions and __ ___..._ .limitations whichmust be imposed by~ ordinance prior to December 31, 1994; _ _. --.,-__~_ _..~_~_ _.__~ .___ v_~_. ---- WHEREAS, the City Council of the City of Lynwood hereby finds and declares that insufficient time is available for the adoption of a non-urgency ordinance (including a second reading of the ordinance) by the December 31, 1994 time period prescribed by AB 1290; and WHEREAS, based upon such insufficient time, the City Council hereby finds and declares that a need presently exist to adopt this ordinance as an "urgency ordinance" in order to comply with the requirements of AB 1290. -1- NOW, THEREFORE, the City Council of the City of Lynwood does ordain as follows: Section 1. Amendment of the Redevelopment Plan for the Alameda Redevelopment Project Area. In accordance with the requirements of the Community Redevelopment Law Reform Act of 1993, and notwithstanding any other provision in the Redevelopment Plan for the Alameda Redevelopment Project Area, the City Council hereby establishes the following limitations for the Alameda Project Area, subject to all of the provisions of this Ordinance and further subject to Health and Safety Code Section 33333.6 (g) and (h): A. In accordance with Health and Safety Code Section 33333.6(a}, the time. for establishing _ 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 Alameda Redevelopment Project Area, shall not exceed January 1, 2004. As provided in Health and Safety Code Section 33336.(a), this limit, however, shall not prevent the Lynwood Redevelopment Agency ("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, nor shall this limit prevent the Agency 'from refinancing, refunding, or restructuring indebtedness after the time limit if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the date on which the indebtedness would have been paid. This time limit may also be extended by amendment of the Redevelopment Plan for the Alameda Redevelopment Project Area, after the Agency makes the findings required by subdivisions (a)(2)(A) and (a)(2)(B) of Health and Safety Code Section 33333.6. However, this amended time limit may not exceed January 1, 2014. B. In accordance with Health and Safety Code Section _.__._ _~` 33333.._6 (b)_,_ the _effe_ct_iveness_ of the Redevelopment Flan for the Alameda Redevelopment Project Area shall-terminate November-18;"- -'-` - 2015, after which time the Agency shall have no authority to act pursuant to the Redevelopment Plan for the Alameda Redevelopment Project Area, except to pay previously incurred indebtedness and to enforce existing covenants, contracts or other obligations. C. In accordance with Health and Safety Code Section 33333.6(c), except as provided in subdivisions (g) and (h) of Health and Safety Code Section 33333.6, the Agency shall not pay indebtedness or receive property taxes pursuant to Health and Safety Code Section 33670 with respect to the Alameda Redevelopment Project Area after November 18, 2025. -2- Section 2. Application. The limitations established in this ordinance shall apply to the Redevelopment Plan for the Alameda Redevelopment Project Area and may only be amended in the manner required and to the extent permitted by law. Section 3. The Mayor of the City shall sign and the City Clerk shall attest to the passage of this ordinance. The ordinance shall be effective immediately upon its adoption. Prior to the expiration of fifteen (15) days from the adoption hereof, the City Clerk, shall cause this ordinance to be published ~or posted as required by law. I hereby certify that the foregoing ordinance was passed by the City Council of the City of Lynwood, at its meeting of December 29. 1994 ANDREA L. HOOPER, City Clerk C~.~..~a-- ~ ~c'~ Approved: ~'~ LOUIS BYRD, Mayor Approve as to Form and Leg lity ~~-.AgeTr'cy-~~ecialr Co n el -3-