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O2107 ORDINANCE NO. 2107 (CCS) (CITY COUNCIL SERIES) AN ORDINANCE OF THE CITY COUNCIL OF SANTA MONICA ELIMINATING THE TIME LIMIT ON THE ESTABLISHMENT OF LOANS, ADVANCES AND INDEBTEDNESS FOR THE DOWNTOWN REDEVELOPMENT PROJECT WHEREAS, the Redevelopment Plan ("Redevelopment Plan") for the Downtown Redevelopment Project ("Project Area") was approved and adopted by the City Council of the City of Santa Monica ("City Council") on January 13, 1976, by Ordinance No. 1021; and WHEREAS, Health and Safety Code Section 33333.6 applies to every redevelopment plan adopted on or before December 31, 1993; and WHEREAS, the Project Area was adopted on or before December 31, 1993; WHEREAS, Health and Safety Code Section 33333.6(e)(2) provides that on or after January 1, 2002, a redevelopment plan may be amended by a legislative body by adoption of an ordinance to eliminate the time limit on the establishment of loans, advances, and indebtedness required by Health and Safety Code Section 33333.6 prior to January 1,2002; and WHEREAS, the Redevelopment Plan contains a time limit for establishing loans, advances and indebtedness for the Project Area; WHEREAS, the Redevelopment Agency of the City of Santa Monica ("Agency") and the City Council desire to eliminate the time limit on the establishment of loans, advances, and indebtedness for the Project Area contained in the Redevelopment Plan; and WHEREAS, Health and Safety Code Section 33607.5 provides that the City of Santa Monica ("City") can elect to receive its share of payments made pursuant to Section 33607.5. The City desires to make such an election. NOW, THEREFORE, the City Council of the City of Santa Monica does ordain as follows: SECTION Amendment of Redevelopment Plan. In accordance with Health and Safety Code Section 33333.6(e)(2), the Redevelopment Plan is hereby amended by adoption of this Ordinance to eliminate the time limit on the establishment of loans, advances, and indebtedness required by Health and Safety Code Section 33333.6 Law prior to January 1, 2002. SECTION 2. City Election. The City hereby elects to receive its share of payments made pursuant to Health and Safety Code Section 33607.5. The City Council hereby directs the City Clerk to transmit a copy of this resolution to the County Auditor- Controller's Office. SECTION 3. Application. The limitations established in this Ordinance shall apply to the Redevelopment Plan for the Downtown Redevelopment Project and may only be amended in the manner required and to the extent permitted by law. 2 SECTION 4. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 5. If any section, subsection, 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 each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 6. 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 published 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 3 Approved and adoptl9d this 13th day of January, 2004. ~~ ~ ofCelifomia ) ~Iof toe Angeles) ss. City of .... MOnica ) I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2107 (CCS) had its introduction on December 16,2003, and was adopted at the Santa Monica City Council meeting held on January 13, 2004, by the following vote: Ayes: Council mE~mbers: Mayor Bloom, Mayor Pro Tem McKeown, O'Connor, Katz, Feinstein, Holbrook, Genser Noes: Council mElmbers: None Abstain: Council mElmbers: None Absent: Council melmbers: None A TTEST:'J:rl \ I ~~ -~_.~ Maria M. Stewart, City Clerk 4