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HomeMy WebLinkAboutORD 1063ORDINANCE NO. 1063 AN ORDINANCE OF THE CITY OF PALM DESERT AMENDING THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 4 OF THE PALM DESERT REDEVELOPMENT AGENCY THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Palm Desert approved and adopted the Redevelopment Plan (the "Redevelopment Plan") for Project Area No. 4 of the Palm Desert Redevelopment Agency (the "Project Area") by the City's Ordinance No. 724, adopted on July 19, 1993. Section 2. On December 8, 1994, the City Council, p-irsuant to its Ordinance No. 768, established certain limits in connection with the Project Area pursuant to Health and Safety Code Section 33333.6. Section 3. Health and Safety Code Section 33333.6(e)(2) provides that 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 Section 33333.6 prior to January 1, 2002, and, in adopting such ordinance, neither the legislative body nor the agency is required to comply with Health and Safety Code Section 33354.6 or Article 12 (commencing with Health and Safety Code Section 33450) or any other provision of the Community Redevelopment Law (Health and Safety Code Section 33000, et s,M.) relating to the amendment of redevelopment plans, except that the agency shall make the payment to affected taxing entities required by Health and Safety Code Section 33607.7. Section 4. Pursuant to Health and Safety Code Section 33333.6(e)(2), Section XV is hereby added to the Redevelopment Plan to read as follows: "XV(1500). ELIMINATION OF TIME LIMIT ON THE ESTABLISHING OF LOANS, ADVANCES AND INDEBTEDNESS Notwithstanding any other provision of this Plan or Ordinance No. 768, there is no time limit on the establishing of loans, advances, and indebtedness to be paid with the proceeds of property taxes received pursuant to Health and Safety Code Section 33670 to finance in whole, or in part, the redevelopment project." Section 5. This Ordinance is adopted pursuant to Health and Safety Code Section 33333.6(e)(2). Section 6. Payments to affected taxing entities pursuant to Health and Safety Code Section 33607.7, occasioned by the adoption of this Ordinance, shall be subordinate to any pledge of tax increment revenues derived from the Project Area to the holders of any notes, bonds or other indebtedness of the Agency issued or incurred by the Agency prior to the effective date of this Ordinance. Section 7. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. P6402\0001 \7 5 A 3 51.2 ORDINANCE NO. 1063 Section 8. The City Clerk shall certify to the adoption of this Ordinance and is hereby directed to publish or post this Ordinance in accordance with law. MARCH ATTEST: PASSED, APPROVED AND ADOPTED this 2004. 4OW/ 6�' Robert A. Spieg r CITY OF PALM DESERT Rac elle D. Klassen, City Clerk CITY OF PALM DESERT AYES: BENSON, CRITES, KELLY, SPIEGEL NOES: NONE ABSENT: FERGUSON ABSTAIN: NONE 11th day of P6402\0001 \758351.2 -2-