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HomeMy WebLinkAbout1489 - ORDINANCES - 12/21/1994 ORDINANCE NO. 7 489 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING THE REDEVELOPMENT PLAN FOR TAHQUITZ ANDRE-AS REDEVELOPMENT PROJECT AREA WHEREAS, July 19, 1983, the City Council of the City of Palm, springs (the "City") adopted Ordinance No. 1187, approving the Redevelopment Plan for the Tahquitz Andreas Redevelopment Project Area (the "Redevelopment Plan") as the official redevelopment plan for said project area; and WHEREAS, the Redevelopment Plan a currently approved provides that the Redevelopment Plan shall remain effective through July 19, 2013; and WHEREAS, the Redevelopment Plan as currently approved allows the Agency to establish loans, advances, and/or indebtedness to finance in whole, or in part, the redevelopment project until July 19, 2008; and WHEREAS, the Redevelopment Plan as currently approved allow the Agency to repay loans, advances, or indebtedness until July 19, 2013; and WHEREAS, pursuant to Stats. 1992, c. 942 (AB 1290), the California Legislature enacted a Health and Safety Code Section 33333.6 which requires revisions to the time limits on the exercise of certain rights and powers pursuant to redevelopment plans adopted on or before December 31, 1993. NOW, THEREFORE, THE CITY COUNCIL OF THE CPFY OF PALM SPRINGS, DOES ORDAIN AS FOLLOWS: Section 1. The Redevelopment Plan shall be of no further effect after July 19, 2013. After this date, the Redevelopment Agency of the City of Palm Springs shall have no further authority to act pursuant to the Redevelopment Plan except to pay previously incurred indebtedness and to enforce existing covenants, contracts, or other obligations. Section 2. No loans, advances, or indebtedness to be repaid from property tax received pursuant to Health and Safety Code Section 33670 shall be established pursuant to the Redevelopment Plan after January 1, 2004. This limitation shall not, however, 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 obligation under Health and Safety Code Section 33412 after said date. Section 3. Except as specifically provided herein, the Agency shall not pay indebtedness or receive property tax pursuant to Health and Safety Code Section 33670 under the Redevelopment Plan after July 19, 2023. The limitations imposed by this Ordinance shall not be construed to affect the validity of any bond, indebtedness, or other obligation authorized by the City Council or the Agency pursuant to the Community Redevelopment Law (Health and Safety Code Section 33000, e1 Le-q,), prior to January 1, 1994, nor shall the provisions of this Ordinance be construed to affect the right of the Agency to receive property taxes, pursuant to Health and Safety Code Section 33670, to pay such indebtedness or other obligation. Ordinance No. 1489 Page 2 The limitations established by this Ordinance shall not be applied to limit allocation of taxes to the Agency to the extent required to eliminate project deficits created under a subdivision (e) of Health and Safety Code Section 33320.5, subdivision (g) of Health and Safety Code Section 33334.6, or subdivision (d) of Health and Safety Code Section 33487, in accordance with the plan adopted pursuant thereto for the purpose of eliminating any deficit or to implement a replacement housing program pursuant to Health and Safety Code Section 33413. In the event of a conflict between these limitations and the obligations under Health and Safety Code Section 33334.6 or to implement a replacement housing program pursuant to Health and Safety Code Section 33413, the City Council shall amend this Ordinance to modify the limitations to the extent necessary to permit compliance with the plan adopted pursuant to subdivision (g) of Health and Safety Code Section 33334.6 and to allow full expenditure of monies in the Agency's Low and Moderate Income Housing Fund in accordance with Health and Safety Code Section 33334.3 or to permit implementation of the replacement housing program pursuant to Health and Safety Code Section 33413. Section 4. If Health and Safety Code Section 33333.6 is amended to revise the limitations required to be imposed upon redevelopment plans thereunder, the Redevelopment Plan shall be deemed to have been automatically amended as so required. Section 5. The limitations established in Sections 1, 2, and 3 of this Ordinance shall apply to the Redevelopment Plan as if the Redevelopment Plan had been amended to include those limitations, but in adopting such revisions neither the City Council nor the Agency is required to comply with Article 12 (commencing with Section 33450) of the Community Redevelopment Law or any other provision of the Community Redevelopment Law (Health and Safety Code Section 33000, ptt We relating to the amendment of redevelopment plans. Section 6. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published or posted as required by law. ADOPTED this _ 21st day of December , 1994. AYES: Members Hodges, Kleindienst, Lyons, Reller-Spurgin & Mayor Maryanov NOES: None ABSENT: None ABSTAIN: None ATTEST: CPTY OF PALM SPRINGS, CALIFORNIA ,City Clerk / Mayor IF REVIEWED & APPROVED I HEREBY CERTIFY THAT the foregoing Ordinance 1489 was duly adopted by the City Council of the City of Palm Springs, in a meeting thereof held on the date above shown, and that a copy was published in the DESERT SUN, a newspaper of general circulation, printed and published in said City of palm Springs, on December 26, 1994. 1, City Clerk