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.
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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.
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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
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