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HomeMy WebLinkAboutOrd. No. 2011-1292 ORDINANCE NO. 2011 -1292 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CORRECTING AND RESTATING NUNC PRO TUNC CERTAIN TIME LIMITS SPECIFIED IN ORDINANCE NO. 987 AND AFFIRMING CERTAIN TIME LIMITS SPECIFIED IN ORDINANCE NO. 1249 AS TO THE REDEVELOPMENT PLANS FOR THE LAKE ELSINORE RANCHO LAGUNA REDEVELOPMENT PROJECT AREAS NO. I, NO. 11 and NO. III WHEREAS, by Ordinance No. 987 adopted on November 8, 1994, the City Council of the City of Lake Elsinore ( "City Council ") amended certain limitations of the Redevelopment Plans for the Rancho Laguna Redevelopment Projects Areas I, II and 111 pursuant to the requirements of the California Community Redevelopment Law (Part 1 of Division 24, commencing with California Health & Safety Code Section 33000) ( "CRL ") as amended by Assembly Bill 1290, including (i) the time limit as to the effectiveness of each Redevelopment Plan, (ii) the time limit to receive property taxes to repay indebtedness in each Project Area, and (iii) the time limit after which the Agency may not incur debt in conjunction with implementation of each Redevelopment Plan; WHEREAS, by its adoption of Ordinance No. 987, the City Council intended to "comply with the time limitations pursuant to Section 33333.6" as amended by AB 1290 but made certain technical and clerical errors in the calculation of those time limitations; WHEREAS, by Ordinance No. 1249 adopted on February 26, 2008, the City Council corrected, amended and restated nunc pro tuns certain time limitations of the Redevelopment Plans specified in Ordinance No. 987; WHEREAS, by Ordinance No, 1249, the City Council also eliminated the time limit to incur debt pursuant to Section 33333.6(e)(2) of the CRL in the Rancho Laguna Redevelopment Project Area No. I in order to implement the purposes, goals and objectives of the Redevelopment Plan and eliminated the time limit to incur debt pursuant to Section 33333.6(e)(4) of the CRL in Rancho Laguna Redevelopment Project Areas No. II and No. 111 solely as to debt paid from the Agency's Low and Moderate Income Housing Fund in order to fulfill the Agency's affordable housing purposes, and WHEREAS, the City Council desires to further clarify the purpose and intent of Ordinance No. 987 as to the applicable time limit to incur debt for each Project Area in accordance with the requirements Section 33333.6 as amended by AB 1290 and to affirm the actions as to those limits enacted by Ordinance No. 1249. NOW; THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. The time limitation specified in Ordinance No. 987 to incur indebtedness under each of the Redevelopment Plans is restated nuns pro tuns as follows: (i) Rancho Laguna Redevelopment Project Area No. I: July 20, 2001, (ii) Rancho Laguna Redevelopment Project Area No. II: July 18, 2003, and (iii) Rancho Laguna Redevelopment Project Area No. III: September 8, 2007. SECTION 2. The City Council affirms the elimination of the time limitation to incur indebtedness in order to implement the purposes, goals and objectives under the Redevelopment Plan for the Rancho Laguna Redevelopment Project Area No. 1 as enacted by the adoption of Ordinance No. 1249. SECTION 3. The City Council affirms the elimination of the time limitation to incur debt as to Redevelopment Project Areas No. II and No. III solely as to loans, advances and indebtedness paid solely from the Agency's Low and Moderate Income Housing Fund as enacted by the adoption of Ordinance No. 1249. SECTION 4. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 5. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and to cause the same or a summary thereof to be published in the manner required by law. SECTION 6. This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 23 day • A 0 us 0 '1 1 r. Rf ERT MA ' �, FAYOR PRO TEM AEST: , VIRGINI- LO CITY CLERK APPR VED AST O" ' BA A LEI LD, CI ATTORNEY —' STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Virginia Bloom, City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Ordinance No. 2011 -1292 was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the 9th day of August 2011, and was approved and adopted at the regular meeting of the City Council of the City of Lake Elsinore held on the 23` day of August, 2011 by the following roll call vote: AYES: Council Member Hickman, Council Member Tisdale, Council Member Melendez and Mayor Pro Tem Magee: NOES: ABSENT: ABSTAIN: 0 1 faiabl -- c7 VIR41 IA : oOM ; �:- CITY CLE' �� ___. __....,..: ....._:„ 1 __ ___ I __