Loading...
HomeMy WebLinkAboutORD 765ORDINANCE NO. 765 AN ORDINANCE OF THE CITY OF PALM DESERT AMENDING THE REDEVELOPMENT PLAN, AS AMENDED, FOR PROJECT AREA NO. 1, AS AMENDED, OF THE PALM DESERT REDEVELOPMENT AGENCY THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES ORDAIN AS FOLLOWS: Section 1. On July 16, 1975, the City Council, pursuant to Ordinance No. 80 of the City, approved and adopted the Redevelopment Plan for the Project Area. Section 2. On March 24, 1977 and August 25, 1977, the City Council, pursuant to Ordinance No. 157 and Ordinance No. 166 of the City, respectively, approved and adopted the First Amendments making certain changes to the text of the Redevelopment Plan. Section 3. On November 25, 1981, the City Council, pursuant to Ordinance No. 275 of the City, approved and adopted the Second Amendment to the Redevelopment Plan which added the Added Territory to the Project Area. The Second Amendment did not affect and made no changes to the text of the Redevelopment Plan with respect to the territory included within the original boundaries of the Project Area. Section 4. On October 13, 1983, the City Council, pursuant to Ordinance No. 324 of the City, approved and adopted the Third Amendment to the Redevelopment Plan which deleted a portion of the territory added to the Project Area pursuant to the Second Amendment which was within the territorial limits of the City of Indian Wells. Section 5. On November 29, 1984, the City Council, pursuant to Ordinance No. 397 of the City, approved and adopted the Fourth Amendment to the Redevelopment Plan which made certain changes to the text of the Redevelopment Plan and to the text of the Second Amendment. The changes made by the Fourth Amendment to the text of the Second Amendment did not affect and made no changes to the text of the Redevelopment Plan with respect to the territory included within the original boundaries of the Project Area. Section 6. On December 11, 1986, the City Council, pursuant to Ordinance No. 484 of the City, established certain limitations in connection with the Redevelopment Plan for the Project Area pursuant to Health and Safety Code Section 33333.4. The limitations contained in Ordinance No. 484 apply only to the territory included within the original boundaries of the Project Area. Section 7. On December 7, 1989, the City Council, pursuant to Ordinance No. 589 of the City, approved and adopted 941010 P6402-00001 rs 1671917 1 ORDINANCE NO. /65 the Fifth Amendment to the Redevelopment Plan which made certain changes to the text of the Redevelopment Plan. Section 8. On January 24, 1991, the City Council, pursuant to Ordinance No. 628 of the City, approved and adopted the Sixth Amendment to the Redevelopment Plan which made certain changes to the text of the Second Amendment, as amended by the Fourth Amendment. The changes made by the Sixth Amendment did not affect and made no changes to the text of the Redevelopment Plan with respect to the territory included within the original boundaries of the Project Area. Section 9. On January 24, 1991, the City Council, pursuant to Ordinance No. 629 of the City, approved and adopted the Seventh Amendment to the Redevelopment Plan which made certain changes to the text of the Redevelopment Plan and the text of the Second Amendment, as amended by the Fourth Amendment and the Sixth Amendment. Section 10. As used in this Ordinance, the following terms shall have the following meanings: A. "Added Territory" means the territory added to the Project Area pursuant to the Second Amendment, except that portion of such territory within the territorial limits of the City of Indian Wells. B. "Agency" means the Palm Desert Redevelopment Agency. C. "City" means the City of Palm Desert, California. D. "City Council" means the City Council of the City. E. "Project Area" means Project Area No. 1 of the Agency, as described and defined in the Redevelopment Plan approved and adopted by Ordinance No. 80 of the City, and does not include any territory added to the Project Area subsequent to July 16, 1975 (the date of adoption of such Ordinance No. 80). F. "Redevelopment Plan" means the Redevelopment Plan approved and adopted by Ordinance No. 80 of the City and includes any amendment of the Redevelopment Plan heretofore made pursuant to law, but only insofar as any such amendment pertains to the territory included within the original boundaries of the Project Area. Section 11. Pursuant to Health and Safety Code Section 33333.6, unless a redevelopment plan adopted on or before December 31, 1993, contains all of the limitations required by Section 33333.6 and each of these limitations does not exceed the applicable time limit established by Section 33333.6, the city council, acting by ordinance on or before December 31, 1994, must amend the redevelopment plan either to amend existing time limits which exceed the applicable time limits required by Section 941010 P6402-00001 n 1671917 1 - 2 - ORDINANCE NO. 765 33333.6 or to establish time limits that do not exceed the provisions of subdivisions (a), (b) and (c) of Health and Safety Code Section 33333.6. If an amendment to a redevelopment plan added territory to the project area on or before December 31, 1993, the time limitations required by Health and Safety Code Section 33333.6 shall commence, with respect to the redevelopment plan, from the date of adoption of the redevelopment plan, and, with respect to the added territory, from the date of the adoption of the amendment. In adopting such ordinance, neither the city council nor the redevelopment agency is required to comply with Article 12 (commencing with Section 33450) or any other provision of the Community Redevelopment Law (Health and Safety Code Section 33000, et seg.) relating to the amendment of redevelopment plans. Section 12. Pursuant to Health and Safety Code Section 33333.6, Section 12 is added to the Redevelopment Plan to read as follows: 1112. TIME LIMIT ON THE ESTABLISHING OF LOANS, ADVANCES AND INDEBTEDNESS Notwithstanding any other provision of this Plan or Ordinance No. 484 of the City, and except as provided in this Section 12, and Health and Safety Code Section 33333.6 (a), (g) and (h), or as otherwise permitted by law, the 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 is January 1, 2004. The loans, advances or indebtedness may be repaid over a period of time longer than this time limit. This limit shall not prevent the Agency from incurring debt to be paid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the Agency's housing obligations under Health and Safety Code Section 33413. In addition, this limit shall not prevent the Agency from refinancing, refunding, or restructuring indebtedness after January 1, 2004, if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the date on which the indebtedness would have been paid." Section 13. Pursuant to Health and Safety Code Section 33333.6, Section 13 is added to the Redevelopment Plan to read as follows: "13. EFFECTIVENESS OF PLAN Notwithstanding Section 10 of this Plan, and except as provided in this Section 13 and Health and Safety Code Section 33333.6 (a), (b), (g) and (h), or as otherwise permitted by law, and except for the provisions relating to nondiscrimination and nonsegregation, which shall run in perpetuity, the effectiveness of this Plan shall terminate on July 16, 2015. After the time limit on the effectiveness of this Plan, the Agency shall have no 941010 P6402-00001 n 1671917 1 - 3 - ORDINANCE NO. 765 authority to act pursuant to this Plan except to pay previously incurred indebtedness and to enforce existing covenants, contracts, or other obligations." Section 14. Pursuant to Health and Safety Code Section 33333.6, Section 14 is hereby added to the Redevelopment Plan to read as follows: 1114. PAYMENT OF INDEBTEDNESS AND RECEIPT OF PROPERTY TAXES Notwithstanding any other provision of this Plan, and except as provided in this Section 14 and Health and Safety Code Section 33333.6 (a), (c), (g) and (h), or as otherwise permitted by law, the Agency shall not pay indebtedness with the proceeds of property taxes received pursuant to Health and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after ten years from the termination �f the effectiveness of this Plan. These limitations shall not be applied to limit the allocation of taxes to the Agency to the extent required to eliminate project deficits created under subdivision (g) of Health and Safety Code Section 33334.6 in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficits or to the extent required to implement a replacement housing program pursuant to Health and Safety Code Section 33413. In addition, these limitations shall not affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Health and Safety Code Section 33401, authorized by the City Council, or the Agency pursuant to the Redevelopment Law, prior to January 1, 1994, or the right of the Agency to receive property taxes pursuant to Health and Safety Code Section 33670 to pay the bonds, indebtedness or other obligation." Section 15. Pursuant to Health and Safety Code Section 33333.6, Section 34 is added to the Second Amendment, as amended by the Fourth Amendment and the Sixth Amendment, to read as follows: "SECTION 34. TIME LIMIT ON THE ESTABLISHING OF LOANS, ADVANCES AND INDEBTEDNESS Notwithstanding any other provision of this Amendment, and except as provided in this Section 34 and Health and Safety Code Section 33333.6 (a), (g) and (h), or as otherwise permitted by law, the 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 from the area added to the Project Area by this Amendment to finance in whole, or in part, the redevelopment project is January 1, 2004. The loans, advances or indebtedness may be repaid over a period of time longer than this time limit. This limit shall not prevent the Agency from incurring debt to be paid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the Agency's housing obligations under Health 941010 P6402-00001 n 1671917 1 - 4 - ORDINANCE NO. 765 and Safety Code Section 33413. In addition, this limit shall not prevent the Agency from refinancing, refunding, or restructuring indebtedness after January 1, 2004, if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the date on which the indebtedness would have been paid." Section 16. Pursuant to Health and Safety Code Section 33333.6, Section 35 is added to the Second Amendment, as amended by the Fourth Amendment and the Sixth Amendment, to read as follows: "SECTION 35. EFFECTIVENESS OF AMENDMENT Notwithstanding Section 31 of this Amendment, and except as provided in this Section 35 and Health and Safety Code Section 33333.6 (a), (b), (g) and (h), or as otherwise permitted by law, and except for the provisions relating to nondiscrimination and nonsegregation, which shall run in perpetuity, the effectiveness of this Amendment shall terminate on November 25, 2021. After the time limit on the effectiveness of this Amendment, the Agency shall have no authority to act pursuant to this Amendment except to pay previously incurred indebtedness and to enforce existing covenants, contracts, or other obligations." Section 17. Pursuant to Health and Safety Code Section 33333.6, Section 36 is hereby added to the Second Amendment, as amended by the Fourth Amendment and the Sixth Amendment, to read as follows: "SECTION 36. PAYMENT OF INDEBTEDNESS AND RECEIPT OF PROPERTY TAXES Notwithstanding any other provision of this Amendment, and except as provided in this Section 36 and Health and Safety Code Section 33333.6 (a), (c), (g) and (h), or as otherwise permitted by law, the Agency shall not pay indebtedness with the proceeds of property taxes received pursuant to Health and Safety Code Section 33670 from the area added to the Project Area by this Amendment or receive property taxes pursuant to Health and Safety Code Section 33670 from the area added to the Project Area by this Amendment after ten years from the termination of the effectiveness of this Amendment. These limitations shall not be applied to limit the allocation of taxes to the Agency to the extent required to implement a replacement housing program pursuant to Health and Safety Code Section 33413. In addition, these limitations shall not affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Health and Safety Code Section 33401, authorized by the City Council, or the Agency pursuant to the Redevelopment Law, prior to January 1, 1994, or the right of the Agency to receive property taxes pursuant to Health and Safety Code Section 33670 to pay the bonds, indebtedness or other obligation." 941010 P64M-00001 n 1671917 1 - 5 - ORDINANCE NO. 765 Section 18. This Ordinance is adopted pursuant to Health and Safety Code Section 33333.6(e). Section 19. Sections 12 through 14 hereof are intended to and shall apply only to the provisions of the Redevelopment Plan. Sections 12 through 14 hereof are not intended to and shall not be construed to amend, modify, change or affect in any way the provisions of the Second Amendment, as amended by the Fourth Amendment and the Sixth Amendment. Section 20. Sections 15 through 17 hereof are intended to and shall apply only to the provisions of the Second Amendment, as amended by the Fourth Amendment and the Sixth Amendment. Sections 15 through 17 hereof are not intended to and shall not be construed to amend, modify, change or affect in any way the provisions of the Redevelopment Plan. Section 21. 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. Section 22. The City Clerk shall certify to the adoption of this Ordinance and is hereby directed to publish this Ordinance in accordance with law. PASSED, APPROVED AND ADOPTED this sty}_ day of December 1994. AYES: BENSON, KELLY, SNYDER, CRITES NOES: NONE ABSENT: WILSON ABSTAIN: NONE AT!T T : i Sheila R. illigan, CVty Clerk - 6 - Buford A. Crites, Mayor