HomeMy WebLinkAboutORD 766ORDINANCE NO. 766
AN ORDINANCE OF THE CITY OF PALM DESERT AMENDING THE
REDEVELOPMENT PLAN FOR PROJECT AREA NO. 2 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 for Project Area
No. 2 of the Palm Desert Redevelopment Agency by the City's
Ordinance No. 509, adopted on July 15, 1987.
Section 2. Pursuant to Health and Safety Code Section
33333.6, unless a redevelopment plan adopted prior to January 1,
1994, 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 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. 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 sea.) relating to the amendment of redevelopment plans.
Section 3. Pursuant to Health and Safety Code Section
33333.6, Section XI is added to the Redevelopment Plan to read as
follows:
"XI. TIME LIMIT ON THE ESTABLISHING OF LOANS, ADVANCES AND
INDEBTEDNESS
Notwithstanding any other provision of this Plan, and except
as provided in this Section XI 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 July
15, 2007 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 July 15, 2007, if the indebtedness is not
increased and the time during which the indebtedness is to be
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ORDINANCE NO. 766
repaid does not exceed the date on which the indebtedness would
have been paid."
Section 4. Pursuant to Health and Safety Code Section
33333.6, Section XII is added to the Redevelopment Plan to read
as follows:
"XII. EFFECTIVENESS OF THIS PLAN
Notwithstanding Section IX of this Plan, and except as
provided in this Section XII 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 15, 2027. After the time
limit on the effectiveness of this Plan, the Agency shall have no
authority to act pursuant to this Plan except to pay previously
incurred indebtedness and to enforce existing covenants,
contracts, or other obligations."
Section 5. Pursuant to Health and Safety Code Section
33333.6, Section XIII is hereby added to the Redevelopment Plan
to read as follows:
"XIII. PAYMENT OF INDEBTEDNESS AND RECEIPT OF PROPERTY
TAXES
Notwithstanding any other provision of this Plan, and except
as provided in this Section XIII 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 of
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 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 6. This Ordinance is adopted pursuant to
Health and Safety Code Section 33333.6(e).
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
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ORDINANCE NO. 766
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 8. 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 8th day of
December , 1994.
AYES: BENSON, KELLY, SNYDER, CRITES
NOE S : NONE
ABSENT: WILSON
ABSTAIN: NONE
Clerk
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Buford,. -A. Crites, Mayor