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RES-9798 Historic Property Preservation AgreementsRESOLlITION NO, 9798 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE AMK"IDING THE CITY'S POLICY RELATING TO HISTORIC PROPERTY PRESERVATION AGREEME:"ITS WHEREAS, by the adoption of Resolution No. 8920 on August 25, 1998 (the Original Resolution) and under the authority conferred by California Government Code Sections 50280 et s,eq (herein referred to as the Mills Act), the City Council of the City of Orange established what is commonly referred to as the Mills Act Program, whereby the City authorized owners of qualified historical property (as defined in the Mills Act) to enter into contracts with the City for the preservation of qualified historical properties in exchange for <:ertain property tax benefits; and WHEREAS, the Original Resolution prohibited the application of the Mills Act Program within those portions of the City's r~development project areas that are located within the City's Old Towne Orange National Historic District unless the City Council finds by the adoption of a resolution that the application of the Mills Act Program to a specific qualified historical property would be, the only option or financial incentive to avoid demolition of the structure; and WHEREAS, this City Council desires to extend the applicability of the Mills Act Program to qualified historical properties located within those portions of the boundaries of the City's redevelopment project areas that are located within the City's Old Towne Orange National Historic District; provided that the City Council finds that the property does not otherwise involve direct City of Orange or Orange Redevelopment Agency participation in the preservation, restoration or rehabilitation of the property; and WHEREAS, this City Council finds and detennines that (i) the Mills Act Program, as am(mded by this Resolution, is in the best interest ofthe City and the health, safety, morals and welfare of its residents; and (ii) extending the applicability of the Mills Act Program to qualified historical properties located within those: portions of the boundaries of the City's redevelopment project areas that are located within the City's Old Towne Orange National Historic District is in accord with the public purposes :md provisions, and promote the historic preservation objectives, of the Mills Act. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange, on the basis of the facts set forth in the agenda report presented to it and any testimony received at the meeting at which this matter was considered, as DJllows: Section 1. The City Council finds and detem,ines that the foregoing recitals are true and con'ecl. Section 2. The Mills Act Program is hereby amended, modified and supplemented to permit the City Council to contract with the owner or agent of an owner of any qualified historical property that is located within that portion of the City's redevelopment project areas that is locat,ed within the Old Towne Orange National Register Historic District for the purpose of restricting the use of the property in a manner which the, City Council deems reasonable to carry out the purposes of the Mills Act; provided that the City Council finds that the property does not otherwise involve direct City of Orange or Orange Redevelopment Agency participation or assistance in the preservation, restoration or rehabilitation of the property. Section 3. The provisions of the Original Resolution, except to the extent inconsistent with the provisions of this Resolution, are hereby ratified and confirmed. Section 4. This Resolution shall take effect immediately upon its adoption. ADOPTED this 9th day of December, 2003. ATTEST: Mary E. M<lrpli ,City Clerk, Cit 0 I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a. regular meeting thereof held on the 9th day of December. 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz, Cavecche COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None 1(~ Mary E. MtGpt0::ity Clerk, City 2