Laserfiche WebLink
taxing entity, provided that the affected tax- <br />ing entity has approved these subordina- <br />tions. At the time the agency requests an <br />affected taxing entity to subordinate the <br />amount to be paid to it, the agency shall <br />provide the affected taxing entity with sub- <br />stantial evidence that sufficient funds will be <br />available to pay both the debt service and <br />the payments required, when due. <br />Notwithstanding any other provision of <br />law, the agency may make payments from <br />tax increment funds to an affected taxing <br />entity that is a state water supply contractor <br />in accordance with the provisions of Health <br />and Safety Code Section 33607.8. <br />The payments to be made hereunder are <br />the exclusive payments that are required to <br />be made by the agency to affected taxing <br />entities during the term of the plan. The <br />agency shall reduce its payments to an af- <br />fected taxing entity by any amount the agen- <br />cy has paid, directly or indirectly, pursuant <br />to Health and Safety Code Section 33445, <br />33445.5, 33445.6, 33446, or any other pro- <br />vision of law for, or in connection with, a <br />public facility in the project area owned or <br />leased by that affected taxing entity. Any <br />reduction in the agency's payment to a <br />school district, community college district, <br />or county office of education, or for special <br />education, shall comply with the applicable <br />requirements of Health and Safety Code <br />Section 33607.5. (Ord. 99-025 § 402.1, <br />1999) <br />3.40.040 Agency bonds. <br />The agency is authorized to issue bonds <br />and expend the proceeds from their sale in <br />carrying out the plan. The agency shall use <br />the funds allocated to pay the principal and <br />interest on such bonds as it becomes due and <br />payable. <br />M U I IME <br />The bonds and other obligations of the <br />agency are not a debt of the city, the, state, <br />or any of its political subdivisions and are <br />not payable out of any funds or assets other <br />than those of the agency; and such bonds <br />and other obligations shall so state on their <br />face. Neither do the bonds constitute debt <br />for the purposes of constitutional or statuto- <br />ry debt limitations or restrictions. The total <br />indebtedness of the agency shall not exceed <br />seven hundred fifty million dollars <br />($750,000,000.00) outstanding at any time. <br />(Ord. 99-025 § 403, 1999) <br />3.40.050 Time limit on establishing <br />indebtedness. <br />The agency shall not establish loans, ad- <br />vances, and indebtedness to be paid with tax <br />increment funds to finance in whole or in <br />part the project, beyond a date that is twenty <br />years from the date of adoption of the plan. <br />Provided, that the agency may incur debt to <br />be paid from the low- and moderate -income <br />housing fund or establish more debt in order <br />to fulfill the agency's obligation to provide <br />replacement housing pursuant to Health and <br />Safety Code Section 33413. <br />No loans, advances, or indebtedness to be <br />repaid from the allocation of taxes shall be <br />established or incurred by the agency be- <br />yond this twenty (20) year time limitation, <br />unless the agency extends this limitation by <br />amending the plan. The agency may amend <br />the plan to extend the time limitation an ad- <br />ditional ten (10) years if the agency finds, <br />based on substantial evidence, that (i) signif- <br />icant blight remains within the project area; <br />and (ii) this blight cannot be eliminated <br />without establishing additional debt. <br />The limitation on establishment of debt <br />shall not prevent the agency from refinanc- <br />ing, refunding, or restructuring indebtedness <br />147 (San Leandro Redevelopment Agency Supp. No. 2, 12-05) <br />