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HomeMy WebLinkAboutOrd 1151-1994ORDINANCE NO. 1151-94 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO APPROVING AMENDMENTS TO THE SHEARWATER REDEVELOPMENT PLAN PURSUANT TO THE COMMUNITY REDEVELOPMENT LAW OF THE STATE OF CALIFORNIA THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. Part V, Section 504 of the Shearwater Redevelopment Plan is hereby deleted. SECTION 2. Part VIII of the Shearwater Redevelopment Plan is hereby amended to read as follows: "TIME LIMITATIONS. Part VIII applies to the Project Area established pursuant to Ordinance No. 996-86, adopted on January 8, 1986, as described in Exhibit A (the "Project Area") attached hereto and by this reference incorporated herein. Part VIII supersedes any inconsistent provision of the Plan. Except as provided in Health and Safety Code Sections 33333.6(g) and (h), and except for any other authority in excess of the following limits that may from time to time be granted by statute (which authority shall be deemed to be incorporated into the provisions of the Plan by this reference and shall supersede the following limits): Se The time limit on the establishing of loans, advances, and indebtedness, adopted pursuant to Health and Safety Code Section 33333.2(2), shall be January 8, 2006, unless the Plan is amended as permitted by law. This limit, however, shall not prevent the Agency from incurring debt to be paid from the Low and Moderate Income Housing Fund established pursuant to Health and Safety Code Sections 33334.2 and 33334.3 or from establishing more debt in order to fulfill the Agency's housing obligations under health and Safety Code Section 33413. CENTRAL RECORD~ ~'~Lg NO. (~/'//J~"' ?~ The effectiveness of the Plan (including, without limitation, the effectiveness of the Agency's land use controls under the Plan) shall terminate on January 8, 2026. After expiration of this time limit on the effectiveness of the Plan, the Agency shall have no authority to act pursuant to the Plan, except to pay previously incurred indebtedness and to enforce existing covenants, contracts, or other obligations. The Agency shall not pay indebtedness or receive property taxes pursuant to Health and Safety Code Section 33679 after January 8, 2036. The above time limits shall not affect the validity of any bond, indebtedness, or other obligation, including, but not limited to, any agreement entered into pursuant to Health and Safety Code Section 33401, authorized by the city Council or the Agency prior to January 1, 1994. Nor shall this time limit be construed to affect the right of the Agency to receive property taxes, pursuant to Section 33670 to pay such indebtedness or other obligation." SECTION 3. EFFECT OF AMENDMENTS Ail provisions of the Plan not specifically amended or repealed in this Amendment shall continue in full force and effect. SECTION 4. SEVERABILITY In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. SECTION 5. PUBLICATION AND EFFECTIVE DATE. This ordinance shall be published once, with the names of those city Councilmembers voting for or against it, in the Enterprise Journal, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. CENTRAL RE;CORDE~ Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 26th day of October , 1994. NOES: ABSTAIN: Adopted as an Ordinance of the City .of South San Francisco at a regular meeting of the city Council of the City of South San Francisco, held the 9th day of November , 1994, by the following vote: AYES: C0unci]members Jack Drag0, R0berta'Cerri Teg]ia, Robert Yee and Mayor Joseph A. Fernekes None Councilmember John R. Penna ABSENT: None ATTEST:~~/~ ~~City As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 1994. Shearwat. Ord 9th day of N0ve~ber , U CENTRAL.