HomeMy WebLinkAboutOrd 1084 PDMC 33333.6 Amending Time Limitations w/Respect to RDA for PA No. 3ORDINANCE NO. 1084
AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING
CERTAIN TIME LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN
FOR PROJECT AREA NO. 3 PURSUANT TO THE PROVISIONS OF HEALTH AND
SAFETY CODE SECTION 33333.6
RECITALS:
WHEREAS, the City Council of the City of Palm Desert, California (the "City Council"),
adopted Ordinance No. 652 on July 17, 1991 approving and adopting the Redevelopment Plan
for the Project Area No. 3 (the "Project Area"); and
WHEREAS, on December 8, 1994, the City Council adopted Ordinance No. 767,
establishing and amending certain time limitations with respect to the Redevelopment Plan; and
WHEREAS, on February 27, 2003, the City Council adopted Ordinance No. 1036,
eliminating the time limit on the establishment of loans, advances and indebtedness; and
WHEREAS, the Palm Desert Redevelopment Agency (the "Agency") has been
designated as the official redevelopment agency in the City of Palm Desert to carry out the
functions and requirements of the California Community Redevelopment Law (Health and
Safety Code Section 33000 et seq.) and to implement the Redevelopment Plan; and
WHEREAS, Section 33681.9, which was added to the Health and Safety Code by
Senate Bill 1045 and which took effect on September 1, 2003, requires the Agency during the
2003-04 fiscal year to make a payment for deposit in Riverside County's Educational Revenue
Augmentation Fund and the Agency has made such payment; and
WHEREAS, with respect to redevelopment plans adopted on or before December 31,
1993, Section 33333.6 of the Health and Safety Code was amended by Senate Bill 1045 to
provide that when a redevelopment agency is required to make a payment pursuant to Health
and Safety Code Section 33681.9 the legislative body may amend the redevelopment plan to
extend by one year the time limit on the effectiveness of the redevelopment plan and the time
limit to repay indebtedness or receive property taxes pursuant to Health and Safety Code
Section 33670 by adoption of an ordinance, without the necessity of compliance 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 California Redevelopment Law related to the amendment of
redevelopment plans, including, but not limited to, the requirement to make the payment to
affected taxing entities required by Health and Safety Code Section 33607.7; and
WHEREAS, the Agency and the City Council desire that the Redevelopment Plan be
amended to extend by one year the time limit on the effectiveness of the Redevelopment Plan
and the time limit to repay indebtedness or receive property taxes pursuant to the Health and
Safety Code Section 33670;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Pursuant to Health and Safety Code Section 33333.6(e)(2)(C), except as
provided in Health and Safety Code subsection 33333.6(a) or as otherwise permitted or
ORDINANCE NO.1084
required by law, July 17, 2032 is hereby established as the date upon which the effectiveness of
the Redevelopment Plan shall be deemed to be terminated.
Section 2. Pursuant to Health and Safety Code Section 33333.6(e)(2)(C), except as
provided in Health and Safety Code subsections 33333.6(f) (g) and (h), or as otherwise
permitted or required by law, July 17, 2042 is hereby established as the latest date on which the
Agency shall pay indebtedness related to its activities or receive property taxes from the Project
Area pursuant to Health and Safety Code Section 33670.
Section 3. Except as amended by this Ordinance, the Redevelopment Plan, as
previously amended by Ordinance Nos. 767 and 1036, is unchanged and is in full force and
effect in accordance with its terms. Ordinance Nos. 652, 767 and 1036 are continued in full
force and effect as amended by this Ordinance.
Section 4. If any part of this Ordinance is held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, for any reason, such decision shall not affect the
validity of the remaining portions of this Ordinance and this City Council hereby declares that it
would have passed the remainder of this Ordinance if such invalid or unconstitutional portion
thereof had been deleted.
Section 5. The City Clerk shall certify to the passage of this Ordinance and is hereby
directed to publish or post this Ordinance in accordance with law.
PASSED AND ADOPTED this
following vote to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Rachelle D. Klassen, City Clerk
day of , 2004, by the
Robert A. Spiegel, Mayor
P6402\0001\796098
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