HomeMy WebLinkAboutCC ORD 2004-2237 Rescinding Time Limit on Development PlansORDINANCE NO. 2004-2237
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
RESCINDING AND AMENDING CERTAIN TIME LIMITS
WITH RESPECT TO THE REDEVELOPMENT PLAN FOR
THE NATIONAL CITY REDEVELOPMENT PROJECT
PURSUANT TO SENATE BILLS 211 AND 1045 AS CODIFIED IN
HEALTH AND SAFETY CODE SECTIONS 33333.2 AND 33333.6(e)(2)
WHEREAS, the City Council of the City of National City ("City Council") has
adopted and subsequently amended the Redevelopment Plan for the National City
Redevelopment Project ("Redevelopment Plan"), on November 18, 1969 by Ordinance No.
1233, on June 24, 1975 by Ordinance No. 1471, on April 13, 1976 by Ordinance No. 1505, on
December 13, 1977 by Ordinance No. 1610 and subsequently amended on December 1, 1981
by Ordinance No. 1762, on May 22, 1984 by Ordinance No. 1821, on April 16, 1985 by
Ordinance No. 1851, on June 18, 1991 by Ordinance No. 91-2013, on November 22, 1994 by
Ordinance No. 2086, and on June 18, 1995 by Ordinance No. 95-2095, all of which are
incorporated herein by reference; and
WHEREAS, Section 33333.6(e)(2)(A) of the Health and Safety Code was
amended by SB 211 to provide that the legislative body may amend a redevelopment plan to
rescind the time limit to incur debt for any project area adopted, or area added to a project area,
prior to January 1, 2004; and
WHEREAS, Sections 33333.2 and 33333.6(e)(2)(C) of the Health and Safety
Code was amended by SB 1045 to provide that when an agency is required to make a payment
to the Educational Revenue Augmentation Fund during fiscal year 2003-04 pursuant to Section
33681.9, the legislative body may amend the redevelopment plan to extend by one year the
time limit of the effectiveness of the plan and the time limit to repay indebtedness; and
WHEREAS, the Community Development Commission of the City of National
City desires to amend the Redevelopment Plan pursuant to the authority granted in Sections
33333.2, and 33333.6(e)(2)(A) and (C) to provide the authority to fund redevelopment activities
within the National City Redevelopment Project Area ("Project Area"); and
WHEREAS, the City Council finds that it is essential to protect the public health,
safety and welfare to immediately rescind time limits on indebtedness in certain constituent
areas of the Redevelopment Plan, to extend the time limits on the effectiveness of the
Redevelopment Plan for each constituent area of the Plan, and to extend the time limits on the
collection of tax increment for each constituent area of the Redevelopment Plan, in order to
effectively carry out redevelopment programs which are necessary to eliminate blight in the
community.
NOW, THEREFORE, the City Council of the City of National City does ordain as
follows:
Section 1. The time limits on establishing indebtedness as set forth in Section 802 of
the Redevelopment Plan for the National City Redevelopment Project applicable to the E.J.
Christman #1, South Bay Town and Country, Center City, E.J. Christman #2, Downtown, and
Downtown Amended constituent areas of the Project Area are hereby rescinded as amended by
this Ordinance.
Section 2. The time limits on the effectiveness of the Redevelopment Plan for each
constituent area (E.J. Christman #1, South Bay Town and Country, Center City, E.J. Christman
#2, Downtown, Downtown Amended, and 1995 Added Area/Harbor District), as set forth in
Section 1100 of the Redevelopment Plan, are hereby extended by one year as amended by this
Ordinance.
Section 3. The time limits on the collection of tax increment revenue for each
constituent area (E.J. Christman #1, South Bay Town and Country, Center City, E.J. Christman
#2, Downtown, Downtown Amended, and 1995 Added Area/Harbor District), as set forth in
Section 802 of the Redevelopment Plan, are hereby extended by one year as amended by this
Ordinance.
Section 4. Except as amended hereby, the Plan shall remain in full force and effect
according to its terms.
Section 5. All required proceedings and considerations precedent to the adoption of
this Ordinance have been regularly taken in accordance with applicable law.
Section 6. If any section, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this Ordinance. The City
Council hereby declares that it would have passed this ordinance and adopted this Ordinance
and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or
more section, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
PASSED and ADOPTED this 6TH day of JANUAB _ „ 200 4 .
ATTEST
Mi /City Clerk
APPROVED AS TO FORM:
ram
George H. Eiser, III
City Attorney
-2-
Nick"Inzunyor
Passed and adopted by the Council of the City of National City, California, on January 6, 2004,
by the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
By:
NICK INZUNZA
Mayor of the City of National City, California
City erk of the City of National City, California
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar
days had elapsed between the day of its introduction and the day of its fmal passage, to wit, on
December 16, 2003, and on January 6, 2004.
I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that
the reading of said ordinance in full was dispensed with by a vote of not less than a majority of
the members elected to the Council and that there was available for the consideration of each
member of the Council and the public prior to the day of its passage a written or printed copy of
said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2004-2237 of the City Council of the City of National City, passed and
adopted by the Council of said City on January 6, 2004.
City Clerk of the City of National City, California
By:
Deputy