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HomeMy Public PortalAboutOrd. 1406ORDINANCE NO. 1406 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, AMENDING THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT AREA "A" AND ESTABLISHING CERTAIN LIMITATIONS FOR THE REDEVELOPMENT PLAN PURSUANT TO THE COMMUNITY REDEVELOPMENT LAW REFORM ACT OF 1993 (ASSEMBLY BILL 129,0) AND DECLARING THE URGENCY THEREOF ` WHEREAS, the Redevelopment Plan for the Redevelopment Project Area "A" was approved and adopted by the City Council of the City of Lynwood on July 10, 1973 by Ordinance No. 945, (hereinafter ref erred. to ~as the "Original Project Area"); and such plan was amended on December 27, 1973 by Ordinance No.960, approving and adopting the First Amendment to the Redevelopment Plan (the "First Amendment"), which, among other things, added territory to the Redevelopment Project (the "Territory Added by the First _ Amendment"); August 19, 1975, by Ordinance No. 990, approving and adopting the Second Amendment to the Redevelopment Plan (the "Second Amendment"), which, among other things, added territory to .the Redevelopment Project (the "Territory Added by the Second Amendment"); June 1, 1976, by Ordinance No. 1000, approving and adopting the Third Amendment to the Redevelopment Plan (the "Third Amendment"), which, among other things, added territory to the Redevelopment Project (the "Territory Added by the Third. Amendment"); December 7, 1976 by Ordinance No. 1010; December 16, 1980, by Ordinance No. 1111, approving and adopting the Fifth Amendment to the Redevelopment Plan (the "Fifth Amendment"), which, among other things, added territory to the Redevelopment Project (the "Territory Added by the Fifth Amendment"); and July 19, 1988 by Ordinance No. ;1308 approving and adopting the Sixth Amendment to the Redevelopment Plan (the "Sixth Amendment"), which, among other. things, added territory to the Redevelopment Project (the n_,...,,._~_~ W ._. _ "Territory,_ Added__by the_Sixth_Amendment") ;.,(.hereinafter-r-eferred. to- collectively as the "Redevelopment Plan for Redevelopment Project "~ Area A"); 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 -1- 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, which must be imposed by ordinance prior to December 31, 1994; 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. NOW, THEREFORE, the City Council of the City of Lynwood does ordain as follows: Section 1. Amendment- of the Redevelopment Plan for Redevelopment_Proiect Area. _'!A!' with Respect to the Original 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 Redevelopment Project Area, "A", the City Council hereby establishes the following limitations. for Redevelopment Project Area "A" with respect to the Original 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 wth__ ,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, Redevelopment Project Area "A" with respect to the Original 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 in to be repaid does not exceed the date on -2- which the indebtedness would have been paid. This time limit may .also be extended by amendment of the Redevelopment Plan for Redevelopment Project Area "A" Original 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 July 10, 2013. B. In accordance with Health and Safety Code Section 33333.6(b), the effectiveness of the Redevelopment Plan for Redevelopment Project Area "A" with respect to the Original Project Area, shall terminate July 10, 2013, after which time the Agency shall have no authority to act pursuant to the Redevelopment Plan for Redevelopment Project Area "A" with respect to the Original 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 Redevelopment Project Area "A" Original Project Area after July 10, 2023. Section 2. Amendment of the Redevelopment Plan for Redevelopment Project Area "A", with Respect to the Territory Added by the First Amendment. In accordance with the requirements of the Community Redevelopment Law Reform Act of 1993, and notwithstanding any other provision in the Redevelopment Plan for Redevelopment Project Area ''A" with. respect to the Territory Added by the First Amendment, the City Council hereby establishes the following limitations for the Redevelopment Project Area "A" with respect to the Territory Added by the First Amendment, 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, Redevelopment Project Area "A" with respect to the Territory Added by the First Amendment, shall not exceed January 1, 2004. As provided in Health and Safety Code Section 33333.6(a) this limit, however, shall not prevent the 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 -3- which the indebtedness would have been paid. This time limit may also be extended by amendment of the Redevelopment Plan for Redevelopment Project Area "A" with respect to the Territory Added by the First Amendment, after the Agency makes the findings required by subdivisions (a)(2)(A) and (a)(2)(B) of Health and Safety Code Section 33333.b. However, this amended time limit may not exceed December 27, 2013. B. In accordance with Health and Safety Code Section 33333.6(b), the effectiveness of the Redevelopment Plan for Redevelopment Project.Area "A" with respect to the Territory Added by the First Amendment, shall terminate December 27, 2013, after which time the Agency shall have no authority to act pursuant to -the Redevelopment Plan for Redevelopment Project Area "A" with respect to the Territory Added by the First Amendment, 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 Redevelopment Project Area "A" First Amendment after December 27, 2023. Section 3. Amendment of the Redevelopment Plan for Redevelopment Proi ect_ Area. "A" , .with Respect to the Territory Added by-the Second Amendment. In accordance with the requirements of the Community Redevelopment Law Reform Act of 1993, and notwithstanding any other provision in the Redevelopment Plan for Redevelopment Project Area "A" with respect to the Territory Added by the Second Amendment, the City Council hereby establishes the following limitations for the Redevelopment Project Area "A" with respect to the Territory Added by the Second Amendment, subject to all of the provisions of this Ordinance and further subject to Health and Safety Code Section, 333.33.6. (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, Redevelopment Project Area "A" with respect to the Territory Added by the Second Amendment, shall not exceed January 1, 2004. As provided in Health and Safety Code Section 33333.6(a) this limit, however, shall not prevent the 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 =4- -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 Redevelopment Project Area "A" with respect to the Territory Added by the Second Amendment, 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 effectiveness of the Redevelopment Plan for Redevelopment Project Area "A" with respect to the Territory Added by the Second Amendment, shall terminate August 19, 2015, after which time the Agency shall have no authority to act pursuant to the. Redevelopment Plan for Redevelopment Project Area "A" with respect to the Territory Added by the Second Amendment, except to -pay previously incurred indebtedness and to enforce existing covenant's, 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 Redevelopment Project Area "A" Second Amendment after August 19, 2025. Section 4. Amendment of the Redevelopment Plan for Redevelopment Project-Area "A", with Respect to the Territory. Added by the Third Amendment. In accordance with the requirements of the Community Redevelopment Law Reform Act of 1993, and notwithstanding any other provision in the Redevelopment Plan for Redevelopment Project Area "A" with respect to the Territory Added by the Third .Amendment, the City Council hereby establishes the following limitations for Redevelopment Project Area "A" with respect to the Territory Added by the Third Amendment, 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(x), 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, Redevelopment Project Area "A" with respect to the Territory Added by the Third Amendment, shall not exceed January 1, 2004. As provided in Health and Safety Code Section 33333.6(x) this limit, however, shall not prevent the 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 -5- 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 Redevelopment Project Area "A" with respect to the Territory Added by the Third Amendment, 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 effectiveness of the Redevelopment Plan for Redevelopment Project Area "A" with respect to the Territory Added by the Third Amendment, shall terminate June 1, 2016, after which time the Agency shall .have no authority to act pursuant to the Redevelopment Plan for Redevelopment Project Area "A" with respect to the Territory Added by the Third Amendment, 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 Redevelopment Project Area "A" Third. Amendment after June 1, 2026. Section 5. Amendment of the Redevelopment Plan for Redevelopment Project Area "A", with Respect to the Territory Added by the Fifth Amendment. In accordance with the requirements of the Community Redevelopment Law Reform Act of 1993, and notwithstanding any other provision in the Redevelopment Plan for Redevelopment Project Area "A" with respect to the Territory Added by the Fifth Amendment, the City Council hereby establishes the following limitations for Redevelopment Project Area "A" with respect to the Territory Added by the Fifth Amendment, 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, Redevelopment Project Area "A" with respect to the Territory Added by the Fifth Amendment, shall not exceed January 1, 2004. As provided in Health and Safety Code Section 33333.6(a) this limit, however, shall not prevent the Agency from incurring debt to be paid from the Low and Moderate -6- 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 Redevelopment Project Area "A" with respect to the Territory Added by the Fifth Amendment, 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 effectiveness of the Redevelopment Plan for Redevelopment Project Area "A" with respect to the Territory Added by the Fifth Amendment, shall terminate December 16, 2020, after which time the Agency shall have no authority to act pursuant to the Redevelopment Plan for Redevelopment Project Area "A" with respect to the Territory Added by the Fifth Amendment, 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 Redevelopment Project Area "A" Fifth Amendment after December 16, 2030. Section 6. Amendment of the Redevelopment Plan for Redevelopment Project Area "A", with Respect to the Territory Added by the Sixth Amendment. In accordance with the requirements of the Community Redevelopment Law Reform Act of 1993, and notwithstanding any other provision in the Redevelopment Plan for Redevelopment Project Area "A" with respect to the Territory Added by the Sixth Amendment, the City Council hereby establishes the following limitations for the Redevelopment Project Area "A" with respect to the Territory Added by the Sixth Amendment, 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, Redevelopment Project Area "A" with respect to the Territory Added by the Sixth Amendment, shall not exceed July 19, 2008. As provided in Health and Safety Code -7- 'Section 333336(a) this limit, however,. shall not prevent the 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 Redevelopment Project Area "A" with respect to the Territory Added by the Sixth Amendment, 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 July 19, 2018. B. In accordance with Health and Safety Code Section 33333.6(b), the effectiveness of the Redevelopment Plan for Redevelopment Project Area "A" with respect to the Territory Added by the Sixth Amendment, shall terminate July 19, 2028, after which time the Agency shall have no authority to act pursuant to .the Redevelopment Plan for Redevelopment Project Area "A" with respect to the Territory Added by the Sixth Amendment, 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 Redevelopment Project Area."A" Sixth Amendment after July 19, 2038. Section 7. Application. The limitations established in this ordinance shall apply to the Redevelopment Plan for Redevelopment Project Area "A" and may only be amended in the manner required and to the extent permitted by law: Section 8. The Mayor of the Clerk shall attest to the passage of shall be effective immediately upo expiration of fifteen (15) days from Clerk., shall cause this ordinance required by law. City shall sign and the City this ordinance. The ordinance n its adoption. Prior to the the adoption hereof, the City to be published or posted as -8- 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 Approved -9- /> ~_ -,w ~- r LOUIS BYRD, Ma or