HomeMy WebLinkAbout17632 - RESOLUTIONS - 9/4/1991 RESOLUTION NO. 17632
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING AN AGREEMENT ,
CONTAINING FIRST AMENDMENTS TO AGREEMENTS FOR
REIMBURSEMENT OF TAX INCREMENT FUNDS WITH THE
DESERT WATER AGENCY RELATED TO THE SOUTH PALM
CANYON, RA11ON-BOGIE, OASIS, NORTH PALM CANYON,
HIGHLAND-GATEWAY, BARISTO-FARRELL, AND PROJECT
NO. 9 REDEVELOPMENT PROJECT AREAS
WHEREAS, The City Council of the City, by reason of its
adoption of the ordinances set forth hereinbelow on the
dates indicated, approved and adopted redevelopment plans
for the redevelopment projects (hereinafter collectively
referred to as the "Plans" ) pursuant to the California
Community Redevelopment Law (Health and Safety Code Section
33000 et sect. ) , which Plans delineate redevelopment project
areas (hereinafter collectively referred to as the "Project
Areas" ) :
Name of Plan/
Project Area Date_Adooted Ordinance Number
South Palm Canyon 12/30/83 1203
Ramon-Bogie 12/30/83 1202
Oasis 08/10,/84 1224
North Palm Canyon 10/19,/84 1227
Highland-Gateway 12/20/84 1237
Baristo-Farrell 06/06,/86 1264
Project No. 9 12/29/88 1321
WHEREAS, the Plans include provisions authorizing the
allocation to Agency of property taxes levied each year on
the increase in the assessed valuation of property within
the Project Areas above the sum of the assessed values for
the Project Areas shown on the assessment rolls as of the
tax years in which the Plans were adopted ( "Tar: Incremen{t" ) ;
and
WI3EREAS, the Project Areas are located within the boundaries
of, and are served by, the Desert Water Agency ( "DWA" ) ; and
a
WHEREAS, DWA, at the time of adoption of each of the Plans,
DWA took the position with the Agency that, by virtue of
their tax allocation provisions, the Plans would result :in a
"financial burden or detriment" to DWA within the meaning of -
Health and Safety Code Section 33012, and therefore,
pursuant to its authority under Health and Safety Code
Section 33401, Agency, City, and DWA entered into tax
increment pass through agreements (the "Agreements" ) for
each of the Plans; and
WHEREAS, Agency, City, and DWA have determined that a
modification of the Agreements is necessary to insure that '
any financial burden or detriment resulting from the Plans
is alleviated and that any additional compensation provided '
by Agency is authorized by Health and Safety Code Section
3:3401; and
WHEREAS, Agency, City, and DWA have negotiated in good faith
to reach an agreement pursuant to Health and. Safety Code
Section 33401 to effect a First Amendment to each of the
Agreements .
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Resolution No. 17632 c- ,3 a..
Page 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
c City of Palm Springs, as follows:
Section. The Agency, City, and DWA, pursuant to Health
and Safety Code Section 33401, have negotiated in good faith
and reached an agreement which effects a First Amendment to
each of the Agreements (hereinafter "Agreement Containing
First Amendments" ) , a true and correct of which Agreement
Containing First Amendments is on file in the office of the
City Clerk.
Section 2. The City Council hereby finds and determines
- that modification of the Agreements is necessary to
alleviate "financial burden or detriment" within the meaning
of Health and Safety Code Section 33012 and that the
Agency' s payments to DWA as set forth in the Agreement
Containing First Amendments are necessary to alleviate such
financial burden or detriment. This finding of the City
Council is supported by the substantial evidence described
in the staff report and supporting documents which are made
a part hereof as though fully set forth.
Section 3. The Agreement Containing First Amendments
between the Agency, City, and DWA, is hereby approved.
Section 4. The City Manager is hereby authorized to make
any necessary final technical and clerical changes to the
Agreement Containing First Amendments prior to its
execution, in the form approved by the City Attorney, and
the City Manager is hereby authorized and directed to
execute the agreement on behalf of the City.
ADOPTED this 4th day of September, 1991.
AYES: Councilmembers Broich, Hodges, Murawski , Neel and Mayor Bono
NOES: None
ABSENT: None
ATTEST: CITY*,U�M (US
By ) By.CityClerk e
' REVIEWED AND APPROVED:
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8/394/014084-0022/028
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