Santa Ana Municipal Code Art. I General Provisions

The city council of the City of Santa Ana hereby finds and determines as follows:

(a) The full employment of residents of the City of Santa Ana, and the prevention of unemployment and underemployment of such residents, serves a vital and compelling public interest of the City of Santa Ana and promotes the public health, safety and welfare of the city by reducing the incidence of crime, improving the mental and physical health and well-being of the city's residents, alleviating the financial drain upon limited public and private resources for welfare programs and unemployment assistance, and enhancing the financial resources of the city.

(b) The encouragement of industrial and commercial development within the city serves a vital and compelling public interest of the city and promotes the public health, safety and welfare of the city by increasing the employment of residents of the city, increasing the tax and revenue base and thereby enhancing the financial resources of the city, and preventing physical deterioration and abandonment of industrial and commercial areas within the city. In addition, the city's participation in the financing of such development serves the public interest by ensuring that such development will reflect the needs and objectives of the community more so than if such development were undertaken without city participation.

(c) The state legislature has not acted to place such public interests solely under state control or to prevent local action with respect thereto.

(d) In the past, efforts have been made to assist industrial and commercial development and to promote local employment by state and federal agencies acting through local government. However, such efforts have generally been inadequately funded, unresponsive to local needs and objectives of the community, or have been unavailable to the city, making such efforts unsatisfactory for the city in effectuating the aforesaid public interests of the city.

(c) The city can promote such public interests by assisting the financing of industrial and commercial development within the city, pursuant to this chapter, without adversely affecting areas outside the boundaries of the city or transient residents of the state, and without conflicting with or in any way impairing the efforts of the state to solve problems of legitimate statewide concern.

(f) Encouraging industrial and commercial development pursuant to this chapter:

(1) Will promote the health, safety and welfare of the city, including those public interests enumerated in subsection (a) and subsection (b) hereof, and will improve the social, moral, economic and physical condition of the community thereby, and

(2) Constitutes a municipal affair of the City of Santa Ana, a valid exercise of the police powers of the City of Santa Ana, and a public purpose in which the City of Santa Ana has a peculiar and unique interest.

(Ord. No. NS1609, § 1,11-16-81)

Unless the context otherwise requires, the following definitions shall govern the construction of this chapter:

Acquisition: "Acquisition" and its variants means acquisition, construction, improvement, furnishing, equipping, remodeling, repair, reconstruction or rehabilitation.

Administrative expenses: "Administrative expenses" means the reasonable and necessary expenses incurred by the city in the administration of the provisions of the chapter with respect to a particular project and the issuance of bonds pursuant to this chapter for said project, including without limitation fees and expenses of paying agents, trustees, bond counsel and financing consultants, and costs of printing and advertising.

Application: "Application" means an application submitted by a participating party pursuant to this chapter to obtain financing for a project.

Bonds: "Bonds" means any bonds, notes, interim certificates, debentures or other obligations issued by the city pursuant to his chapter, which are payable exclusively from revenues and other funds permitted by this chapter, and which are "industrial development bonds" within the meaning of Section 103(b) of the Internal Revenue Code of 1954, as amended, or any similar provision of said Code then in effect.

City: "City" means the City of Santa Ana, California, a charter city in the state existing under and exercising powers pursuant to the city charter.

City council: "City council" means the city council of the City of Santa Ana.

City charter: "City charter" means the charter of the city, entitled "The Charter of the City of Santa Ana," as amended from time to time.

Costs: "Costs" means, with reference to a project, any or all of the following costs incurred for the acquisition thereof:

(a) Obligations of the participating party incurred for labor and materials in connection with the acquisition of the project;

(b) The cost of acquisition of any property, whether real or personal and improved or unimproved, including franchise rights and other intangible property, and any interests therein, required for the acquisition of the project;

(c) The cost of demolishing, removing or relocating any building or structure, and the cost of making relocation assistance payment required by law;

(d) The cost of contract bonds and of insurance of all kinds that may be required or necessary during the course of the acquisition of the project;

(e) All costs of engineering, legal and consultant services, including the costs of the participating party for surveys, estimates, plans and specifications and preliminary investigation therefor, and for supervising construction, as well as for the performance of all other duties required by or consequent upon the proper acquisition of the project;

(f) All cost incurred in connection with proceedings by the participating party necessary to comply with the California Environmental Quality Act of 1970, as amended;

(g) All amounts required to fund any reserve funds for bonds and any interest on bonds becoming due and payable during a period not exceeding the period of acquisition of the project and twelve (12) months thereafter;

(h) All administrative expenses;

(i) All costs which the participating party shall be required to pay, under the terms of any contract or contracts, for the acquisition of the project;

(j) The refinancing of any existing indebtedness secured by an interest in any real property comprising any portion of the project, so long as and to the extent that such refinancing does not cause interest on the bonds to become taxable under Section 103 of the Internal Revenue Code of 1954, as amended; and

(k) Any sums required to reimburse the participating party for advances made for any of the above items or for any other costs incurred and for work done which are properly chargeable to the project.

Finance: "Finance" and its variants means the lending of moneys or any other thing of value, or the purchase of loans, for the purpose of paying any or all of the costs of a project pursuant to this chapter.

Participating party: "Participating party" means any person, corporation, partnership, firm or other entity or group of entities requiring financing for the acquisition of a project pursuant to this chapter. No member of the city council or officer, staff member or employees of the city shall be eligible to be a participating party under the provisions of this chapter.

Project "Project" means real property located within the city and improved or to be improved with an industrial or commercial structure, and all property in connection therewith or incidental thereto, including machinery, equipment and furnishings, the acquisition of which is financed or otherwise assisted pursuant to this chapter.

Revenues: "Revenues" means, with respect to a project, all amounts received as repayment of principal, interest and all other charges received for, and all other income and revenue (including the proceeds of insurance) derived by, the city in connection with such project, and any receipts derived from the investment of such income or revenues, including moneys deposited in a sinking, redemption or reserve fund or other fund to secure the bonds or to provide for the payment of the principal of or interest on the bonds and such other moneys as the city council may in its discretion make available therefor.

Rules and regulations: "Rules and regulations" means the rules and regulations promulgated by the city manager of the City of Santa Ana pursuant to section 28-7 hereof.

State: "State" means the State of California.

(Ord. No. NS-1609, § 1, 11-16-81)