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ORDINANCE NO. 1395(CCS)
AN ORDINANCE OF THE CITY OF SANTA MONICA
ESTABLISHING CERTAIN LIMITATIONS FOR THE
REDEVELOPMENT PLAN FOR THE DOWNTOWN
REDEVELOPMENT PROJECT, AS REQUIRED BY
CALIFORNIA HEALTH AND SAFETY CODE SECTION
33333.4
WHEREAS, the city Council of the Ci ty of Santa Monica
adopted Ordinance No. 1021(CCS) on January 13, 1976 adopting and
approving a Redevelopment Plan (hereinafter referred to as the
"Redevelopment Plan") for the Downtown Redevelopment Project
(hereinafter referred to as the "Redevelopment Project"): 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 SANTA
MONICA DOES 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 Santa Monica Redevelopment Agency,
City of Santa Monica, California (hereinafter
referred to as the "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 TWENTY-FIVE MILLION THREE HUNDRED THOUSAND
DOLLARS ($125,300,000.00) except by amendment of the
Redevelopment Plan in the manner required by law.
B. No loan, advance or indebtedness to be repaid from
the allocations of taxes referred to in Section 1.A.
hereinabove shall be established or incurred by the
Agency to finance in whole or in part the Redevelop-
ment proj ect shall be establ ished or incurred after
January 13, 2026. 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
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amena.m. of the Redevelopment .n in the manner
required by law.
C. No eminent domain proceeding to acquire property
within the Redevelopment Project area shall be
commenced after twelve (12) years following the date
of adoption of this Ordinance. Such time limitation
.ay be extended only by amendment of the
Redevelopment Plan in the manner required by law.
SECTION 2. The limitations 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 limitations established in section 1 of
this Ordinance shall not be construed to allow the impairment of
any obligation or indebtedness incurred by the City of Santa
Monica or the Agency pursuant to the California 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. Partial Inval~ditv. If any section, paragraph,
sentence, clause, or phrase of this ordinance shall for any
reason be held illegal or unenforceable, such holding shall not
affect the validity of the remaining portions of this ordinance.
The City council hereby declares that it would have adopted this
ordinance and each and every other Section, paragraph, sentence,
clause or phrase not declared invalid or unconstitutional without
regard to whether any portion of this ordinance would be
subsequently declared invalid or unconstitutional.
SECTION 5. The Mayor shall sign and the city Clerk shall
attest to the passage of this ordinance. The city Clerk shall
cause the same to be pub 1 ished once in the official newspaper
within 15 days after its adoption. This ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
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Robert M. Myers
City Attorney
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Adopted and approved this 9th day of December, 1986.
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I hereby certify that th foregoing Ordinance No. 1395(CCS)
was duly and regularly introduced at a meeting of the City
Council on the 11th day of November 1986; that the said Ordinance
was thereafter duly adopted at a meeting of the city council on
the 9th day of December 1986 by the following Council vote:
Ayes: Councilmembers: Jennings, A. Katz, H. Katz, Reed,
Zane and Mayor Conn
Noes: Councilmembers: None
Abstain: Councilmembers: Finkel
Absent: Councilmembers: None
ATTEST:
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