HomeMy WebLinkAboutORD 767ORDINANCE NO. 767
AN ORDINANCE OF THE CITY OF PALM DESERT AMENDING THE
REDEVELOPMENT PLAN FOR PROJECT AREA NO. 3 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. 3 of the Palm Desert Redevelopment Agency by the City's
Ordinance No. 652, adopted on July 17, 1991.
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 XII is added to the Redevelopment Plan to read
as follows:
"SECTION XII. (1200) TIME LIMIT ON THE ESTABLISHING OF
LOANS, ADVANCES AND INDEBTEDNESS
Notwithstanding any other provision of this Redevelopment Plan,
and except as provided in this Section 1200 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
17, 2011. 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 17, 2011, if the indebtedness is not
increased and the time during which the indebtedness is to be
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ORDINANCE NO. 767
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 XIII is added to the Redevelopment Plan to read
as follows:
"SECTION %III. (1300) EFFECTIVENESS OF REDEVELOPMENT PLAN
Notwithstanding Section 1000 of this Redevelopment Plan, and
except as provided in this Section 1300 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 Redevelopment Plan shall
terminate on July 17, 2031. After the time limit on the
effectiveness of this Redevelopment Plan, the Agency shall have
no authority to act pursuant to this Redevelopment 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 XIV is hereby added to the Redevelopment Plan to
read as follows:
"SECTION XIV. (1400) PAYMENT OF INDEBTEDNESS AND RECEIPT
OF PROPERTY TAXES
Notwithstanding any other provision of this Redevelopment Plan,
and except as provided in this Section 1400 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 Redevelopment 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
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ORDINANCE NO. 767
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 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
NOES: NONE
ABSENT: WILSON
ABSTAIN: NONE
7.1E T:'
Sheila R ,-i1lligan,/C ty Clerk
- 3 -
BufoA A. Crites, Mayor