ORDINANCE NO. 23 - ___
An Ordinance Of The City Council Of The City Of Emeryville Repealing Article 2 Of Chapter 2 Of Title 3 (Bay-Shellmound Contingent Assessment Special Fund) Of The Emeryville Municipal Code
WHEREAS, on March 18, 1993, the City Council passed Ordinance 93-002 establishing Article 2 of Chapter 2 of Title 3 of the Emeryville Municipal Code providing for the creation, administration and termination of a special fund known as the “Bay-Shellmound Contingent Assessment Special Fund”; and
WHEREAS, the purpose of the Bay-Shellmound Contingent Assessment Special Fund was for the deposit of proceeds of contingent assessments levied within the Bay StreetShellmound Street Extension Assessment District to be used to reduce annual reassessments levied; and
WHEREAS, the 1999 Revenue Bonds issued by the Emeryville Public Financing Authority which provided funding for improvements within the Bay Street-Shellmound Street Extension Assessment District have now been paid in full; and WHEREAS, no further contingent assessments will be collected; and
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF EMERYVILLE HEREBY ORDAINS AS FOLLOWS:
SECTION ONE. PURPOSE AND INTENT
The purpose and intent of this Ordinance is to repeal the following Emeryville Municipal Code provisions in their entirety: Article 2 of Chapter 2 of Title 3 (Bay-Shellmound Contingent Assessment Special Fund).
SECTION TWO. REPEALING ARTICLE 2 OF CHAPTER 2 OF TITLE 3 OF THE
EMERYVILLE MUNICIPAL CODE
Article 2 of Chapter 2 of Title 3 (“Bay-Shellmound Contingent Assessment Special Fund”) is hereby repealed in its entirety.
SECTION THREE. CEQA DETERMINATION
The City Council finds that adoption of this Ordinance is not a project as defined by the California Environmental Quality Act (“CEQA”) because it is an organizational or administrative activity that will not result in direct or indirect physical changes to the environment pursuant to CEQA Guidelines 15378(b)(5).
SECTION FOUR. SEVERABILITY
Every section, paragraph, clause, and phrase of this Ordinance is hereby declared severable. If, for any reason, any section, paragraph, clause, or phrase is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining section, paragraphs, clauses, or phrases.
DocuSign Envelope ID: 8CD14B41-0CA5-4774-948C-0286D97C4E8F Ordinance No. 23-
Bay-Shellmound Contingent Assessment Special Fund Ordinance City Council Meeting | February 21, 2023
SECTION FIVE. EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days following its final passage. The City Clerk is directed to cause copies of this Ordinance to be posted or published as required by Government Code section 33693.
SECTION SIX. CODIFICATION
Section Two of this Ordinance shall be codified in the Emeryville Municipal Code.
Sections Three, Four, Five and Six shall not be so codified.
This Ordinance was INTRODUCED AND FIRST READ by the City Council of the City of Emeryville at a regular meeting held Tuesday, February 7, 2023, and PASSED AND ADOPTED by the City Council of the City of Emeryville at a regular meeting held Tuesday, February 21, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
DocuSign Envelope ID: 8CD14B41-0CA5-4774-948C-0286D97C4E8F