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3424ORDINANCE NO. 3424 AN ORDINANCE OF THE CITY OF ANAHEIM DECLARING THE NEED FOR A COMMUNITY. DEVELOPMENT C01101ISSION TO FUNCTION, NM4ING THAT COt'JMISSION, AUTHORIZING THAT COP,;ISSION TO TRANSACT BUSINESS, SPECIFYING THE POWERS AND FUNCTION OF THAT COMMISSION AND DECLARING THE CITY COUNCIL TO BE THE COMMUNITY DEVELOPMENT COMMISSION. WHEREAS, a Community Development Commission exists and has been created and established by law in the City of Anaheim by Section 34110 of the Health and Safety Code of the State of California; and WHEREAS, in order to make the Community Development Commission operative, it is necessary that the City Council find and declare that there is a need for the Community Development Commission to function in the City of Anaheim; and WHEREAS, the City Council finds that it is in the best interest of the City of Anaheim to enable the Community Development Commission to function within the City of Anaheim. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM AS FOLLOWS: SECTION 1. That Title 1 of the Anaheim Municipal Code be, and the same is hereby, amended by adding thereto a new Chapter 1.24 to read as follows: "CHAPTER 1.24 - COMMUNITY DEVELOPMENT COMMISSION 1.24.010 DECLARATION OF NEED .010 The City Council has heretofore declared the need for a Redevelopment Agency and a Housing Authority to function in the City of Anaheim as provided in the Community Develop- ment Law and the Housing Authority Law. .020 The Redevelopment Agency and Housing Authority are public bodies, corporate and politic, which exist and are authorized to transact business within the City of Anaheim. .030 Pursuant to the provisions of Section 34115 of Part 1.7 of Division 24 of the Health and Safety Code, it is hereby found and declared that there is a need for the Community Development Commission to function in the City of Anaheim. The Community Development Commission shall be known as the "Anaheim Community Development Commission," and is herein- after referred to as "Commission" in this Chapter. -1- .031 A Community Development Commission exists and has been created and established by law in the City of Anaheim by Section 34110 of the Health and Safety Code. .032 There is a need for the Commission to transact the business of the Redevelop- ment Agency and Housing Authority. The Commission is a public body, corporate and politic. .040 Nothing in this Ordinance changes the existence of the Redevelopment Agency and the Housing Authority as separate public bodies, corporate and politic. 1.24.020 C01,1MENCEMENT OF EXERCISE OF POWERS .010 Upon the effective date of this Ordinance, the Community Development Commission shall be vested with all the powers, duties, and responsibilities of the members of the Redevelopment Agency and the Commissioners of the Housing Authority. ,020 The Commission is authorized to transact business and to exercise the powers granted by this Ordinance as of the effective date of this Ordinance. 1.24.030 DESIGNATION OF THE CITY COUNCIL AS THE COMMISSION The City Council hereby declares itself to be the Commission pursuant to Section 34120 of the Health and Safety, Code. The members of the City Council shall be the Commissioners and each shall serve as such while serving on the City Council. 1.24.040 NATURE, JURISDICTION AND POWERS OF THE COA'1MISSION .010 All powers, duties and responsibilities of the Commission, including but not limited to the powers, duties, and responsibilities of the Redevelopment Agency and the Housing Authority are vested in the Commissioners in office. .020 The Commission exercises governmental functions and has the powers prescribed in this Ordinance and the California Statutes and Constitution, and is performing a public function, .030 The Commission also has the nature, power, authority, functions and jurisdiction relating to community development as may be delegated to the Commission by the City Council, subject to such conditions as may be imposed by the City Council. -2- .040 All property of the Commission, the Redevelopment Agency, and the Housing Authority, including funds owned or held by it for the purposes of this Ordinance, shall be exempt from levy and sale by virtue of an execution or other judicial process. Execution or other judicial process shall not issue against such property of the Commission nor shall any judgment against the Commission be a charge or lien upon such property. This section does not apply to or limit the right of obligees to foreclose or other- wise enforce any mortgage, deed or trust, or other encumbrance of the Commission or the right of obligees to pursue any remedies for the enforcement of any pledge or lien given by the Commission on its rents, fees, or revenues. .050 The Commission may: .051 Sue and be sued. .052 Have a seal. .053 Make and execute contracts and other instruments necessary or convenient to the exercise of its powers. .054 Make, amend, and repeal bylaws and regula- tions not inconsistent with, and to carry into effect the powers and purposes of this Ordinance and all other powers and purposes delegated to them by the City Council. .060 The Commission may select, appoint and employ such permanent and temporary officers, agents,, counsel and employees as it requires and determine their qualifica- tions, duties, benefits and compensation, subject only to the conditions and restrictions imposed by the City Council on the expenditure or encumbrance of the budgetary funds appropriated to the Commission. .070 The Commission may accept financial assistance .from public or private sources for the purposes of this Ordinance. .080 The Commission may accept any other assistance from the State or Federal Government or any public or private source for any of the Anaheim Community Development's activities, powers, and duties. .090 The Commission shall have such other powers as may be authorized from time to time by the Citv Council. -3- 1.24.050 AUTHORITY TO CONTRACT In addition to its power to make and execute contracts .--, and other instruments necessary or convenient to the exercise of its powers under the Community Redevelopment haw, the Housing Authority's Law and Section 34143 of the Health and Safety Code, the Commission may make and execute contracts and other instru- ments necessary to the exercise of powers other than under said law subject to the provisions of the Charter of the City of Anaheim. A copy of each such executed contract shall be filed with the City Clerk. 1.24.060 COMISSION RULES AND REGULATIONS The Commission may select, appoint, and employ such permanent and temporary officers, agents, counsel, and employees as it requires and determine their qualifications, duties, benefits, and compensation, subject only to the conditions and restrictions imposed by the City Council on the expenditure or encumbrance of the budgetary funds appropriated to the Cor=ission. 1.24.070 FILING WITH THE SECRETARY OF STATE AND THE DEPART14ENT OF HOUSING AND COMUNITY DEVELOPMENT A certified copy of this Ordinance to be filed forthwith with the Office of the Secretary of State and with the State Department of Housing and Community Development. The Commission shall file with the City Clerk certified copies of the certificates of filing when they are transmitted from the Office of the Secretary of State and the Department of Housing and Community Development, 1.24.080 CONTINUING VALIDITY OF CONTRACTS, AGREEMENTS, ORDINANCES, RESOLUTIONS AND OTHER LEGAL RELATIONSHIPS All contracts, agreements, ordinances, resolutions, and other legal relationships to which the City of Anaheim or the Anaheim Redevelopment Agency is party to are to remain valid, are to continue in effect, and are to be operative without change due to the adoption of this Ordinance." SECTION 2. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this chapter of the Code hereby adopted be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this chapter indepen- dent of the elimination herefrom of any such portion as may be declared invalid. SECTION 3. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption, in the Anaheim Bulletin, a newspaper of general circulation, printed, published and cir- culated in said City, and thirty (30) days from and after its final passage it shall take effect and be in full force. -4- THE FOREGOING ORDINANCE is approved and signed by rqe this 13th day of May , 1975. ATTEST: CITY CLERK OF THE ITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 3424 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 6th day of May, 1975, and that the same was passed and adopted at a regular meeting of said City Council held on the 13th day of May, 1975, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Ordinance No. 3424 on the 13th day of May, 1975. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 13th day of May, 1975. CITY CLERK OF THE CftY OF ANAHEIM (SEAL) 1, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 3424 and was published once in the Anaheim Bulletin on the 23rd day of May, 1975. City Clem MES: jh -5-