HomeMy WebLinkAbout1995-01-24; City Council; NS-300; Carlsbad Village Redevelopment Project Area redevelopment plan.... I! 0 0
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ORDINANCE NO. NS - 3 0 0
A ORDINANCE OF THE CITY OF CARLSBAD, CALIFORNIA,
ESTABLISHING AND AMENDING CERTAIN LIMITATIONS WITH
RESPECT TO THE REDEVELOPMENT PLAN FOR THE
CARLSBAD VILLAGE REDEVELOPMENT PROJECT AREA.
WHEREAS, the City Council of the City of Carlsbad adopted Ordinancl
9591 on July 7, 1981, approving and adopting the Carlsbad Village Area Redevelopment
hereinafter known as the "Redevelopment Plan", for the Village Redevelopment Project
and
WHEREAS, the Redevelopment Agency of the City of Carlsbad, here:
referred to as the "Agency", has been designated as the official redevelopment agency tc
out in the City of Carlsbad the functions and requirements of the Community Redevelo
Law of the State of California (Health and Safety Code Section 33000 et seq.) and to imp1
the Redevelopment Plan; and
WHEREAS, in 1993 the California State Legislature enacted the Comr
Redevelopment Reform Act of 1993 (AE31290), making various amendments to the Comr
Redevelopment Law (Health and Safety Code Section 33000, et seq.), which became efl
on January 1, 1994; and
WHEREAS, Health and Safety Code Section 33333.6 expressly require
redevelopment plan adopted prior to December 3 1, 1993, to contain certain restrictio
limitations, which must be imposed prior to December 31, 1994; and
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r CC ORDINANCE NO.)lS- 300
1 PAGE 2
2 WHEREAS, Health and Safety Code Section 33333.6 expressly provid
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Health and Safety Code Section 33450 or any other provision of the Community Redevelc 5
constitute an amendment of the redevelopment plan without the necessity of complianc 4
such restrictions and limitations be imposed by way of ordinance and shall be dee]
ll Law relating to amendment.
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a NOW, THEREFORE, the City Council of the City of Carlsbad, California does
9 as follows:
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Section 1. Amendment of the RedeveloDment Plan for the Carlsbad Village Redevelc
Project. In accordance with the requirements of the Community Redevelopment Law 1
Act of 1993, and notwithstanding any other provision in the Redevelopment Plan, th
Council hereby amends the Redevelopment Plan for the Carlsbad Village Redevelopment 1
as stated herein, and establishes the following limitations, subject to all of the provisions
~ 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 li
establishing of loans, advances and indebtedness to be paid with the proceeds of propea
received pursuant to Health and Safety Code Section 33670, to finance, in whole or in pa
Carlsbad Village Redevelopment Project shall not exceed January 1, 2004. As provil
Health and Safety Code Section 33333.6(a), this limit, however, shall not preve
Redevelopment Agency of the City of Carlsbad ("Agency") from incurring debt to be paic
the Low and Moderate Income Housing Fund or establishing more debt in order to fuU
Agency's housing obligations under Health and Safety Code Section 33413, nor shall this p
the Agency from refinancing, refunding, or restructuring indebtedness after the time limii
idebtedness is not increased and the time during which the indebtedness is to be repaid dc
exceed the date on which the indebtedness would have been paid. This limit may be ex
by amendment in accordance with Health and Safety Code Section 33333.6(a)(2).
B. Consistent with Health and Safety Code Section 33333.6(b), the effective]
the Redevelopment Plan shall terminate July 7, 2006, after which time the Agency sha:
no authority to act pursuant to the Redevelopment Plan, except to pay previously in1
indebtedness and to enforce existing covenants, contracts or other obligations.
Redevelopment Plan may be amended to extend this limitation, within the applicable timl
established by Health and Safety Code Section 33333.6(b), pursuant to Health and Safetj
Section 33354.6.
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~ CC ORDINANCE NO. NS-300
i Page 3
C. In accordance with Health and Safety Code Section 33333.6(c), except as pr
in subdivisions (g) and (h) of Health and Safety Code Section 33333.6, the Agency shall I
~ indebtedness or receive property taxes, pursuant to Health and Safety Code Section 3367
ten (10) years from the termination of the effectiveness of the Redevelopment Plan pursl
Paragraph B., above (July 7, 2016).
Section 2. Application. The limitations established in this Ordinance shall apply
Carlsbad Village Redevelopment Project and may only be amended in the manner requir
to the extent permitted by law.
Section 3. Separability of Provisions. If any provision of this Ordinance or the appl
thereof is held to be invalid for any reason, the remainder of the chapter and the applica
the provisions shall not be affected thereby,
EFTECTIVE DATE: This ordinance shall be effective thirty days after its adoptic
the City Clerk shall certify to the adoption of this ordinance and cause it to be published i
once in a local paper of general circulation within the City of Carlsbad within fifteen (1:
of its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City C
on the 17 t h day of JANUARY 19 95 , and thereafter.
PASSED AND ADOPTED at a regular meeting of the Carlsbad City Council of tl:
of Carlsbad on the 24th day of JAN. , 1995, by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Ha
NOES: None
ABSENT: None
APmVED AS TO FORM AND LEGALITY fA (z. L RONALD R. BALL, City Attorney (-26* ?F
27 11 ATTEST:
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