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ORD 305 ORDINANCE NO. 305 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 1 OF THE RANCHO PALOS VERDES REDEVELOPMENT AGENCY THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Rancho Palos Verdes approved and adopted the Redevelopment Plan for Project Area No. 1 of the Rancho Palos Verdes Redevelopment Agency by the City's Ordinance No. 190, adopted on November 27, 1984. Section 2 . Pursuant to Health and Safety Code Section 33333 . 6, unless a redevelopment plan adopted prior to January 1, 1994, contains all of the limitations required by Section 33333 . 6 and each of these limitations does not exceed the applicable time limit established by Section 33333 .6, the city council, acting by ordinance on or before December 31, 1994, must amend the redevelopment plan either to amend existing time limits which exceed the applicable time limits required by Section 33333. 6 or to establish time limits that do not exceed the provisions of subdivisions (a) , (b) and (c) of Health and Safety Code Section 33333 . 6. In adopting such ordinance, neither the city council nor the redevelopment agency is required to comply with Article 12 (commencing with Section 33450) or any other provision of the Community Redevelopment Law (Health and Safety Code Section 33000, et seq. ) relating to the amendment of redevelopment plans. Section 3 . Pursuant to Health and Safety Code Section 33333 .6, Section 11 is added to the Redevelopment Plan to read as follows: "Section 11,. Time Limit on the Establishing of Loans, Advances and Indebtedness. Notwithstanding any other provision of this Redevelopment Plan, and except as provided in this Section 11 and Health and Safety Code Section 33333 .6 (a) , (g) and (h) , or as otherwise permitted by law, the time limit on the establishing of loans, advances, and indebtedness to be paid with the proceeds of property taxes received pursuant to Health and Safety Code Section 33670 to finance in whole, or in part, the redevelopment project is November 27, 2004. The loans, advances or indebtedness may be repaid over a period of time longer than this time limit. This limit shall not prevent the Agency from incurring debt to be paid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the Agency's housing obligations under Health and Safety Code Section 33413 . In addition, this limit shall not prevent the Agency from refinancing, refunding, or restructuring indebtedness after November 27, 2004, if the indebtedness is not increased and the 941010 R6874-00001 rs 1671920 2 time during which the indebtedness is to be repaid does not exceed the date on which the indebtedness would have been paid. " Section 4. Pursuant to Health and Safety Code Section 33333 . 6, Section 12 is added to the Redevelopment Plan to read as follows: "Section 12 . Effectiveness of Redevelopment Plan. Except as provided in this Section 12 and Health and I/ Safety Code Section 33333 .6 (a) , (b) , (g) and (h) , or as otherwise permitted by law, and except for the provisions relating to nondiscrimination and nonsegregation, which shall run in perpetuity, the effectiveness of this Redevelopment Plan shall terminate on November 27, 2024. After the time limit on the effectiveness of this Redevelopment Plan, the Agency shall have no authority to act pursuant to this Redevelopment Plan except to pay previously incurred indebtedness and to enforce existing covenants, contracts, or other obligations. " Section 5. Pursuant to Health and Safety Code Section 33333 . 6, Section 13 is hereby added to the Redevelopment Plan to read as follows: "Section 13 . Payment of Indebtedness and Receipt of Property Taxes. Notwithstanding any other provision of this Redevelopment Plan, and except as provided in this Section 13 and Health and Safety Code Section 33333. 6 (a) , (c) , (g) and (h) , or as otherwise permitted by law, the Agency shall not pay indebtedness with the proceeds of property taxes received pursuant to Health and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after ten years from the termination of the effectiveness of this Redevelopment Plan. These limitations shall not be applied to limit the allocation of taxes to the Agency to the extent required to implement a replacement housing program pursuant to Health and Safety Code Section 33413 . In addition, these limitations shall not 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 Law, prior to January 1, 1994, or the right of the Agency to receive property taxes pursuant to Health and Safety Code Section 33670 to pay the bonds, indebtedness or other obligation. " Section 6. This Ordinance is adopted pursuant to Health and Safety Code Section 33333 . 6(e) . Section 7. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the 941010 R6874-00001 rs 1671920 2 - 2 - ORD. NO. 305 validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 8. The City Clerk shall certify to the adoption of this Ordinance and is hereby directed to publish this Ordinance in accordance with law. PASSED, APPROVED AND ADOPTED this 20th day of December, 1994. May:r ATTEST: A, 411, w 2-LA i! City Clerk SATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF RANCHO PALOS VERDES) I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, hereby certify that the whole number of members of the City Council of said City is four; that the foregoing Ordinance No. 305 passed first reading on December 6, 1994 and was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on December 20, 1994, and that the same was passed and adopted by the following roll call vote: AYES: LYON, McTAGGART, BROOKS AND MAYOR BYRD NOES: NONE ABSENT: NONE ABSTAIN: NONE 111$ , / 0" F CITY CLERK I/ 941010 R6874-00001 rs 1671920 2 - 3 - ORD. NO. 305 ---. '' ECHO PALOSVERDES ORD. NO. 305 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING CITY OF RANCHO PALOS VERDES ) The undersigned, being first duly sworn, deposes and says: That at all times herein mentioned, she was and now is the appointed City Clerk of the City of Rancho Palos Verdes; That on 12/21/94 she caused to be posted the following document entitled: AMENDING THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 1 OF THE RANCHO PALOS VERDES REDEVELOPMENT AGENCY. a copy of which is attached hereto, in the following locations: City Hall Los Angeles County Fire Station 30940 Hawthorne Blvd. Miraleste Station Rancho Palos Verdes 4000 Miraleste Plaza Rancho Palos Verdes U . S. Post Office 28649 S . Western Ave. Ladera Linda Community Center Rancho. Palos Verdes 32201 Forrestal Drive Rancho Palos Verdes Hesse Park 29301 Hawthorne Blvd. Rancho Palos Verdes Park Rancho Palos Verdes 30359 Hawthorne Blvd . , Rancho Palos Verdes I certify under penalty of perjury that the regoing is a true and correct affidavit of postin. . 111 ' / 10111 C TY CLERK 1 30940 HAWTHORNE BOULEVARD / RANCHO PALOS VERGES. CA 90274-5391 / (213)377-0360