A. Limit on tax dollars receivable. In compliance with California Health and Safety Code Section 33333.4(1), a maximum amount of fifty eight million, eight hundred fifty-two thousand, eight hundred seventy-one dollars may be divided and allocated to the Berkeley Redevelopment Agency ("agency") pursuant to and over the life of the West Berkeley Redevelopment Plan ("plan"). This amount includes three million, six hundred ninety-six thousand, four hundred thirty-seven dollars allocated to the agency through fiscal year 1984/1985, and would permit the allocation of an additional fifty-five million, one hundred fifty-six thousand, four hundred thirty-four dollars in the future. Taxes shall not be divided or allocated to the agency beyond such limitation.

B. No time limit on incurring debt. In compliance with California Health and Safety Code Section 33333.6(e)(2)(B), on or after January 1, 2002, a redevelopment plan may be amended by a legislative body by adoption of an ordinance to eliminate the time limit on the establishment of loans, advances, and indebtedness required by Health and Safety Code 33333.6 prior to January 1, 2002. In adopting an ordinance pursuant to this subparagraph, neither the legislative body nor the agency is required to comply with Section 33354.6, Article 12 (commencing with Section 33450), or any other provision of this part relating to the amendment of redevelopment plans, except that the agency shall make the payment to affected taxing entities required by Section 33607.7. Therefore, pursuant to California Health and Safety Section 33333.6(e)(2)(B)3 the time limit on the establishment of loans, advances and indebtedness required by California Health and Safety Code Section 33333.6, as established pursuant to Ordinance No. 6,272-N.S. of the Council or otherwise for the Redevelopment Project pursuant to the Redevelopment Plan, is hereby eliminated with the force and effect set forth in Section 33333.6(e)(2)(B).

C. Time limit on instituting eminent domain actions. In compliance with California Health and Safety Code Section 33333.4(3), the agency shall have until December 25, 1998 to institute any eminent domain proceedings to acquire property within the project area. No eminent domain proceedings shall be commenced by the agency beyond such time limit.

D. Limitation on effectiveness of plan. In compliance with California Health & Safety Code Section 33333.6(b), as modified by Section 33333.6(e), the termination date for the effectiveness of the plan shall be January 1, 2012.

E. Limitation on repayment of indebtedness and receipt of property taxes. California Health & Safety Code Sections 33333.6(c), as modified by Section 33333.6(e)(2)(C), provides that the agency shall not pay indebtedness or receive property taxes pursuant to Health and Safety Code Section 33670 after ten years from the termination of the effectiveness of the redevelopment plan, except as provided in Health and Safety Code Sections 33333.6(g) and (h). The termination date established in subsection D of this plan is January 1, 2012, however, the agency shall not pay indebtedness or receive property taxes pursuant to Health and Safety Code Section 33670 after December 31, 2015.

F. Amendment of plan. The limitations established in this section shall apply to the plan as if the plan had been amended to include such limitations. This section amending the plan is adopted pursuant to Health and Safety Code Sections 33333.4 and 33333.6, pursuant to which neither the City Council nor the agency is required to comply with Article 12 of the California Health and Safety Code or any other provision thereof relating to the amendment of redevelopment plans. In addition to the specific limitations established and amended as provided in subsections A through E of this section, this section hereby incorporates by reference the provisions of subsections (g) and (h) of Health and Safety Code Section 33333.6.

G. No impairment. This section shall not be construed to affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to 33401, authorized by the legislative body, or the agency pursuant to the Community Redevelopment Law, California Health and Safety Code Section 33000, et seq., prior to the effective date of this section, nor shall this section be construed to affect the right of the agency to receive property taxes, pursuant to Section 33670, to pay the indebtedness or other obligation.

H. Limitations final. The limitations established in this section shall be final and conclusive. (Ord. 6861-NS § 2, 2005: Ord. 6860-NS § 2, 2005: Ord. 6853-NS § 2, 2005: Ord. 6523-NS §§ 2-3, 1999: Ord. 6272-NS §§ 1-8: Ord. 5780-NS §§ 1-6, 1986)