HomeMy WebLinkAbout94-23 ORDINANCE NO. 94-23
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF DANVILLE AMENDING THE REDEVELOPMENT
PLAN FOR THE DOWNTOWN REDEVELOPMENT PROJECT
TO (1) AMEND THE EXISTING TIME LIMIT FOR
INCURRING INDEBTEDNESS AND (2) ESTABLISH A TIME
LIMIT FOR THE REPAYMENT OF INDEBTEDNESS
WHEREAS, the Town Council of the Town of Danville adopted Ordinance No. 94
on July 14, 1986, approving and adopting the Redevelopment Plan for the Downtown
Redevelopment Project; and
WHEREAS, the Community Development Agency of the Town of Danville (the
"Agency") has been designated as the official redevelopment agency to carry out in the
Town of Danville the functions and requirements of the Community Redevelopment Law
of the State of California (Health and Safety Code Section 33000 et seq.) and to implement
the Redevelopment Plan for the Downtown Redevelopment Project; and
WHEREAS, Section 33333.6 of the Community Redevelopment Law requires that
every redevelopment plan adopted on or before December 31, 1993, contain certain
limitations: (1) if the plan contains the provisions set forth in Section 33670 of the
Community Redevelopment Law (''tax increment authority"), a time limit on the establishing
of loans, advances and indebtedness which shall not exceed 20 years from the adoption
of the redevelopment plan or January 1, 2004, whichever is later; (2) a time limit on the
effectiveness of the redevelopment plan which shall not exceed 40 years from the
adoption of the redevelopment plan or January 1, 2009, whichever is later; and (3) a time
limit on the repayment of indebtedness which shall not exceed 10 years from the
termination of the effectiveness of the redevelopment plan; and
WHEREAS, Section 33333.6 further provides that unless a redevelopment plan
adopted prior to January 1, 1994, already contains limitations which comply with that
section, the legislative body shall adopt an ordinance on or before December 31, 1994, to
amend the redevelopment plan either (1) to amend an existing time limit that exceeds the
applicable time limit established by Section 33333.6 or (2) to establish time limits that do not
exceed the provisions of that section; and
WHEREAS, the Redevelopment Plan for the Downtown Redevelopment Project
provides, in Section 502 thereof, that the Agency shall not establish or incur loans,
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ATTACHMENT A
advances or indebtedness to finance, in whole or in part, the Downtown Redevelopment
Project beyond 35 years from the date of adoption of the Redevelopment Plan by the
Town Council; that time limit, resulting in a termination date for incurring indebtedness
under the Redevelopment Plan of July 14, 2021, exceeds the maximum permitted by
subdivision (a) of Health and Safety Code Section 33333.6 and, therefore, must be
amended; and
WHEREAS, the Redevelopment Plan for the Downtown Redevelopment Project
provides, in Section 800 thereof, that its provisions shall be effective for 35 years from the
date of adoption of the Redevelopment Plan by the Town Council; that time limit, resulting
in a termination date for the Redevelopment Plan of July 14, 2021, is within the maximum
permitted by subdivision (b) of Health and Safety Code Section 33333.6 and, therefore,
need not be amended; and
WHEREAS, the Redevelopment Plan for the Downtown Redevelopment Project
contains no time limit for the repayment of indebtedness as set forth in subdivision (c) of
Health and Safety Code Section 33333.6 and, therefore, a time limit for such purpose must
be established;
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF DANVILLE DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. The Redevelopment Plan for the Downtown Redevelopment Project
is hereby amended to provide that the Agency shall not establish or incur loans, advances
or indebtedness to finance, in whole or in part, the Downtown Redevelopment Project on
or after July 14, 2006, except as otherwise permitted by Health and Safety Code Section
33333.6.
Section 2. The Redevelopment Plan for the Downtown Redevelopment Project
is hereby amended to provide that the Agency shall not repay loans, advances or
indebtedness incurred to finance, in whole or in part, the Downtown Redevelopment
Project after ten (10) years from the termination of the effectiveness of the
Redevelopment Plan for the Downtown Redevelopment Project, except as otherwise
permitted by Health and Safety Code Section 33333.6.
Section 3. Ordinance No. 94 is continued in full force and effect as amended by
this Ordinance.
Section 4. The City Clerk is hereby directed to send a certified copy of this
Ordinance to the Agency.
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Section 5. Effective Date. This Ordinance shall be in full force and effect thirty
(30) days after its passage.
Section 6. Severability. If any part of this Ordinance is held to be invalid for any
reason, such decision shall not affect the validity of the remaining portion of this
Ordinance, and this Town Council hereby declares that it would have passed the
remainder of this Ordinance if such invalid portion thereof had been deleted.
Section 7. Publication. The City Clerk is hereby ordered and directed to certify
to the passage of this Ordinance and to cause the same to be published once in the San
Ramon Valley Times, a newspaper of general circulation, published and circulated in the
Town of Danville.
The foregoing Ordinance was first read and introduced at a meeting of the Town Council
of the Town of Danville on December 14, 1994 and was adopted and ordered published
by the Danville Town Council at a Regular Meeting on January 17, 1995 by the following
vote:
AYES: Greenberg, Doyle, Ritchey, Shimansky, Waldo
NOES: None
ABSTAIN: None
ABSENT: None
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APPROVED AS TO FORM: ATTEST:
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CITY ATTORNEY CITY CLERK
AB1290Town.ord
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