HomeMy WebLinkAbout546body of the community may adopt an ordinance not later than December 31, 1999, to extend the
shorter time limits to the maximum allowable time limits; and
WHEREAS, the time limits on plan duration and receipt of tax increment applicable to
the Redevelopment Plan for the Parque Del Norte Redevelopment Project, which are April 15,
2011 and April 15, 2021, respectively, are shorter than the maximum allowable under AB1290
and AB1342, which maximum allowable dates under AB1290 and AB1342 are, respectively,
April 15, 2016 (time limit on Plan effectiveness) and April 15, 2026 (time limit on receipt of tax
increment);
NOW, THEREFORE, the City Council of the City of Irwindale ORDAINS as follows:
Section 1. The following time limits pertaining to (i) plan duration and (ii) receipt of
property taxes pursuant to Health and Safety Code Section 33670, applicable to the
Redevelopment Plan for the Parque Del Norte Redevelopment Project are hereby established,
determined, extended in duration, and confirmed, in conformity with the authorization set forth
in Health and Safety Code Section 33333.6(f)(2), as follows:
a. 'The time limit on effectiveness of the Redevelopment Plan for the Parque
Del Norte Redevelopment Project shall be April 15, 2016 (rather than April 15, 2011), pursuant
to the authorization set forth in Health and Safety Code Sections 33333.6(b) and 33333.6(f)(2).
b. The time limit on receipt of property taxes pursuant to Health and Safety
Code Section 33670, applicable to the Redevelopment Plan for the Parque Del Norte
Redevelopment Project, shall be April 15, 2026 (rather than April 15, 2011), as April 15, 2026 is
the date that is ten (10) years following the time limit on plan effectiveness, pursuant to the
authorization set forth in Health and Safety Code Sections 33333.6(c) and 33333.6(f)(2).
Section 2. Notwithstanding any other provision of this Ordinance to the contrary, the
limitations established in this Ordinance shall not be construed to affect the validity of any bond,
indebtedness, or other obligation, including any mitigation agreement entered into pursuant to
Health and Safety Code Section 33401, authorized by the City Council or the Agency pursuant to
the CRL prior to the date of this Ordinance, nor shall the limitations established in this
Ordinance be construed to affect the right of the Agency to receive property taxes pursuant to
Health and Safety Code Section 33670 to pay such bond, indebtedness, or other obligation.
Section 3. In adopting this Ordinance, neither the City Council nor the Agency is
required to comply with Health and Safety Code Section 33354.6 or Article 12 of the CRL
(commencing with Health & Safety Code § 33450) or any other provision of the CRL relating to
the amendment of redevelopment plans.
Section 4. Should any portion or provision of this Ordinance be held by a final
judgment of a court of competent jurisdiction to be invalid or unenforceable, the remaining
portions of this Ordinance shall remain in full force and effect. The City Council hereby
declares that it would have passed and adopted this Ordinance and each portion and provision
Ordinance No. 545
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hereof, irrespective of the fact any one or more of said portions or provisions be declared invalid
or unenforceable.
Section 5. In the event of an error in calculating the applicable time limits pursuant to
Health and Safety Code Section 33333.6, nothing in this Ordinance shall be construed as setting
any time limits other than the maximum time limits permitted by Health and Safety Code
Sections 33333.6 as existing on the date of adoption of this Ordinance.
Section 6. The Mayor shall sign this Ordinance and the City Clerk shall cause this
Ordinance to be published or posted as required by law within fifteen (15) days after its passage.
PASSED, APPROVED AND ADOPTED on the 30th day of December 1999.
ATTEST:
ORIGINAL SIGNED
Linda J. Kimbro, Deputy City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF IRWINDALE
ORIGINAL SIGNED
Patricio S. Miranda, Mayor
:xf
I, Linda J. Kimbro, Deputy City Clerk of the City of Irwindale, do hereby certify that the
foregoing Ordinance No. 545, was duly introduced at a regular meeting of the City Council held
on the 23rd day of December 1999, and was duly approved and adopted at second reading, at its
adjourned regular meeting held on the 30th day of December 1999, by the following vote of the
Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS:
Breceda, Tapia, Castellanos, Mayor Miranda
None
Almazan
None
ORIGINAL SIGNED
Linda J. Kimbro, Deputy City Clerk
Ordinance No. 545
Page 3
ORDINANCE NO. 546
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE EXTENDING
CERTAIN TIME LIMITS APPLICABLE TO THE REDEVELOPMENT PLAN FOR THE
NORA FRAIJO REDEVELOPMENT PROJECT PURSUANT TO HEALTH AND SAFETY
CODE SECTION 33333.6(f)(2)
WHEREAS, the Irwindale Redevelopment Agency ("Agency") is a public body,
corporate and politic, organized and existing pursuant to the Community Redevelopment Law
(Health & Safety Code § 33000 et seq.) (the "CRL"); and
WHEREAS, the City Council of the City of Irwindale (the "City" or "City Council' as
appropriate) adopted Ordinance No. 272 on January 10, 1974, which established the
Redevelopment Plan for the Nora Fraijo Redevelopment Project (the "Original Plan"); and
WHEREAS, the Original Plan was amended by Ordinance No. 411 adopted by the City
Council of City on December 18 , 1986; and
WHEREAS, the Original Plan as amended by Ordinance No. 411 is hereinafter referred
to as the Amended Plan; and
WHEREAS, the Amended Plan set the duration of the Amended Plan, i.e., the time
period in which the Amended Plan is effective, as thirty-five (3 5) years from the date of adoption
of the Original Plan, or until January 10, 2009; and
WHEREAS, pursuant to the pertinent portions of Assembly Bill 1290, effective January
1, 1994 ("AB1290"), codified at Health and Safety Code Section 33333.6(b), the maximum time
period a redevelopment plan may be effective is forty (40) years from the date of adoption of the
Plan; and
WHEREAS, pursuant to additional pertinent portions of AB1290, codified at Health and
Safety Code Section 33333.6(c), the maximum time limit on receipt of tax increment is ten (10)
years following expiration of the effectiveness of the redevelopment plan; and
WHEREAS, the City Council of City, by adoption of Ordinance No. 492 on November
17, 1994, further amended the Amended Plan to conform to AB1290 but Ordinance No. 492 did
not alter the time period during which the Amended Plan is effective nor the time limit on receipt
of tax increment, as the City had no authority to extend the 35 -year time limit on effectiveness of
Plan Amendment under AB 1290 without a regular amendment of the Amended Plan; and
WHEREAS, the Amended Plan as amended by Ordinance No. 492 is hereinafter referred
to as the "Plan": and
WHEREAS, Assembly Bill 1342, effective January 1, 1999, codified at Health and
Safety Code Section 33333.6(f)(2), provides that if a time limit on plan duration, and
correspondingly on receipt of tax increment, is less than the maximum allowable, the legislative
Ordinance No. 546
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