HomeMy WebLinkAbout1491 - ORDINANCES - 12/21/1994 ORDINANCE NO. 1491
OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA AMENDING
THE REDEVELOPMENT PLAN FOR
HIGHLAND GATEWAY REDEVELOPMENT
PROJECT AREA
WHEREAS, November 20, 1984, the City Council of the City of Palm springs (the
"City") adopted Ordinance No. 1231, approving the Redevelopment Plan for the Highland
Gateway 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 November 20, 2014; 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 November 20, 2009; and
WHEREAS, the Redevelopment Plan as currently approved allow the Agency to repay
loans, advances, or indebtedness until November 20, 2014; 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 CITY OF PALM SPRINGS,
DOES ORDAIN AS FOLLOWS:
Section 1. The Redevelopment Plan shall be of no further effect after November 20,
2014. 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 November 20, 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 November 20, 2024.
The limitations imposed by this Ordinance shahs 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, et se ),
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. The limitations established by this
Ordinance No. 1491
Page 2
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, et sec ..) 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: CITY OF PALM SPRINGS, CALIFORNIA
By� - -o
Cfyt Clerk IfMayor
REVIEWED & APPROVED
I HEREBY CERTIFY THAT the foregoing Ordinance 1491 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 S rp ingss, on December 26, 1994.
City Clerk