§ 4.40.010. General provisions and definitions.

A.

This chapter may be cited as the city economic development revenue bond law.

B.

The Council finds and declares that it is necessary and essential to the well-being of the city that it provide financial assistance to promote the economic development of the city. Such economic development will serve the following public purposes and municipal affairs of the city:

1.

The full and gainful employment of residents of the city;

2.

The full and efficient utilization and modernization of existing industrial, commercial, and business facilities;

3.

The development of new industrial, commercial and business facilities;

4.

The development of health care and child care facilities;

5.

The creation of educational and research facilities to enhance learning and training opportunities within the city;

6.

The development or enhancement of community facilities designed to provide social, cultural and recreational programs and services to the residents of the city;

7.

The growth of the city's tax base through increased property values and consumer purchasing;

8.

The reduction of the need for and costs of welfare and other remedial programs;

9.

The reduction of urban ills, such as crime, attributable in part to inadequate economic opportunities;

10.

The stability and diversification of the city's economy;

11.

The lowering of the cost to city consumers of necessary goods and services;

12.

The environmentally optimum disposition of waste materials of the city; and

13.

The enhancement of the general economic prosperity, health, safety and welfare of the residents of the city.

The availability of the financial assistance authorized by this Chapter will serve those public purposes set forth above and the general plan of the city by providing private enterprises and nonprofit organizations with new methods of financing capital outlays in the city and by ensuring that economic development within the city will reflect the local community's needs and objectives and will be environmentally optimum with respect to both the physical and social environment of the city. The city shall promote such public interests pursuant to this Chapter without adversely affecting areas outside the city and without conflicting with efforts by the state of California to solve problems of statewide-concern.

C.

Unless the context otherwise requires, the terms defined in this Chapter shall have the following meanings:

"Bonds" means the bonds, notes, certificates, debentures and other obligations authorized to be issued by the city pursuant to this Chapter and payable as provided in this Chapter.

"City" means the city of Oakland, California.

"Cost" means the total of all costs incurred by or on behalf of a participating party to carry out all works and undertakings and to obtain all rights and powers necessary or incident to the acquisition, construction, installation, reconstruction, rehabilitation or improvement of a facility. "Cost" may include all costs of issuance of bonds for such purposes, costs for construction undertaken by a participating party as its own contractor, capitalized bond interest, reserves for debt service and for repairs, replacements, additions and improvements to a facility, and other working capital incident to the operation of a facility.

"Council" means the City Council of the city of Oakland.

"Facility" means any of the facilities, places or buildings within the city which are, or will be, maintained and operated for industrial, commercial or business purposes or such other public purposes authorized by this Chapter, conform to the general plan of the city and are approved by the city for the financing authorized by this Chapter, such approval being given only when the city finds and determines that such financing (1) will substantially promote one or more of the public purposes listed in subsection B of this Section; and (2) will not have the proximate effect of the relocation of any substantial operations of the participating party from one area of the state to another or the abandonment of any substantial operations of such participating party within other areas of the state, or, if such financing will have either of such effects, then such financing is reasonably necessary to prevent the relocation of any substantial operations of the participating party from an area within the state to an area outside the state.

A "facility" may be an activity which may otherwise be financed pursuant to the California Industrial Development Financing Act (Government Code Section 91500 et seq.) to the extent said Act permits the financing of such activity under alternative authority. "Facility" includes, without limitation, real and personal property, land, buildings, structures, fixtures, machinery and/or equipment and all such property related to or required or useful for the operation of a facility. Facility does not include any facility, place or building used or to be used primarily for sectarian instruction or study or as a place for devotional activities or religious worship, or any facility which could be financed under Chapter 4.32 or Chapter 4.36 of this code.

"Participating party" means any individual, association, corporation, partnership, nonprofit organization exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, or other entity which is approved by the city to undertake the financing of the costs of a facility for which this Chapter authorizes the issuance of the bonds.

"Revenues" means amounts received by the city as payments of principal, interest, and all other charges with respect to a loan authorized by this Chapter, as payments under a lease, sublease or sale agreement with respect to a facility, as proceeds received by the city from mortgage, hazard or other insurance on or with respect to such a loan (or any property securing such loan), lease, sublease or sale agreement, all other rents, charges, fees, income and receipts derived by the city from the financing of a facility authorized by this Chapter, any amounts received by the city as investment earnings on moneys deposited in any fund securing the bonds, and such other legally available moneys as the Council may, in its discretion, lawfully designate as revenues.

D.

Revenues, as defined by this Chapter, and the expenditure of such revenues shall not be taken into account in any manner in determining the city's compliance with Article XIIIB of the California Constitution.

(Ord. 11950 3 (part), 1996: prior code 14-1.01—14-1.04)