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HomeMy WebLinkAbout86-24 Establish Certain Limitations for Redevelopment Plan for Downtown Redevelopment Project; CA Health and Safety Code SEC 33333.4ORDINANCE NO. 86-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING CERTAIN LIMITATIONS FOR THE REDEVELOPMENT PLAN FOR THE CITY OF COSTA MESA DOWNTOWN REDEVELOPMENT PROJECT AS REQUIRED BY CALIFORNIA'HEALTH AND SAFETY CODE SECTION 33333.4. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: WHEREAS, the City Council of the City of Costa Mesa, California, adopted Ordinance No. 73-44 on December 24, 1973, adopting and approving a "Redevelopment Plan" for the Costa Mesa Downtown Redevelopment Project (hereinafter referred to as the "Redevelopment Project") and the Redevelop- ment Plan was amended on July 5, 1977, by Ordinance No. 77-27, and on November.l, 1980, by Ordinance No. 80-22; and WHEREAS, the Redevelopment Plan contains the tax allocation provisions set forth in California Health and Safety Code Section 33670; and WHEREAS, California Health and Safety Code Section 33333.4 requires that the City Council adopt this Ordinance on or.before December 31, 1986, establishing certain limitations for the Redevelopment Project; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. In accordance with the requirements of California Health and Safety Code Section 33333.4, the City Council hereby establishes the following limitations for the Redevelopment Project subject to all of the provisions of this Ordinance: A. The number of dollars of taxes which may be divided and allocated to the Costa Mesa Redevelopment Agency of the City of Costa Mesa, California, (hereinafter referred to as "Agency") pursuant to the Redevelopment Plan shall not exceed: (1) for fiscal years 1985-86 and before the amounts actually so divided and allocated to the Agency; and (2) for fiscal years 1986-87 and thereafter, the amount of one hundred thirty-six million eighty-eight thousand one hundred two dollars and no cents ($136,088,102.00), except by amendment of the Redevelopment Plan in the manner required by law. B. No loan, advance, or indebtedness to be repaid from the alloca- tion of taxes referred to in Section 1.A. hereinabove shall be established or incurred by the Agency to finance in whole or in part of the Redevelopment Project after November 17, 2025. Such loan, advance, or indebtedness may be repaid over a period of time longer than such time limit. Such time limit may be extended only by amendment of the Redevelopment Plan in the manner required by law. C. No eminent domain proceeding to acquire property within the Rede- velopment Project area shall be commenced after twelve (12) years following the effective date of this Ordinance. Such time limita- tion may be extended only by amendment of the Redevelopment Plan in the manner required by law. SECTION 2. The limitation established in Section 1 of this Ordinance shall apply to the Redevelopment Plan as if the Redevelopment Plan had been amended to include those limitations, and may only be amended by amendment of the Redevelopment Plan in the manner required by law. SECTION 3. The limitation established in Section 1 of this Ordinance shall not be construed to allow the impairment or indebtedness incurred by the City of Costa Mesa, California, or the Agency, purusant to the Cali- fornia Community Redevelopment Law set forth in Sections 33000, et seq., of the California Health and Safety Code, and shall be construed so as to allow the completion of adopted programs and projects implementing the Redevelopment Project. SECTION 4. This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage shall be published once in the ORANGE COAST DAILY PILOT, a newspaperof general circulation, printed and published in the City of Costa Mesa or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this 15th day of Dec e r, 7g8- Mai%5r of the City of Costa Mesa ATTEST: p C y Clerk of the City of Cosresa APPROVED AS TO FOR CITY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and fore- going Ordinance No. .86-24 was introduced and considered section by section at a regular meeting of said City Council held on the 1st day of December, 1986, and thereafter passed and adopted as a whole at a regular meeting of the said City Council held on the 15th day of December, 1986, by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: L;�Z IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of -Costa Mesa this 16th day of December, 1986. Ci y Clerk and ex -officio Clerk the _ _ _ City Council of the City of Cos Mesa