RDA Resolution 2012-002RESOLUTION NO. RA 2012 - 002
A RESOLUTION OF THE LA QUINTA REDEVELOPMENT
AGENCY ADOPTING AN AMENDED ENFORCEABLE
OBLIGATION PAYMENT SCHEDULE
WHEREAS, the City Council of the City of La Quinta ("City Council" or "City,"
as applicable) approved and adopted (i) the Redevelopment Plan for La Quinta Project
Area No. 1 ("Project Area No. 1 " or "Project Area No. 1 Redevelopment Plan," as
applicable) on November 29, 1983, by Ordinance No. 43, as amended on December
20, 1994, by Ordinance No. 258, on August 19, 2003, by Ordinance No. 388, and on
March 16, 2004, by Ordinance No. 402; and (ii) the Redevelopment Plan for La Quinta
Redevelopment Project Area No. 2 ("Project Area No. 2" or "Project Area No. 2
Redevelopment Plan," as applicable) on May 16, 1989, by Ordinance No. 139, as
amended on December 20, 1994, by Ordinance No. 259, on February 3, 2004, by
Ordinance No. 399, on March 16, 2004, by Ordinance No. 403, and on March 16,
2004, by Ordinance No. 404; and
WHEREAS, the La Quinta Redevelopment Agency ("Agency") is engaged in
activities to execute and implement the Project Area No. 1 Redevelopment Plan and
the Project Area No. 2 Redevelopment Plan (collectively, the "Redevelopment
Plans") pursuant to the provisions of the California Community Redevelopment Law
(Health and Safety Code § 33000, at seq.) ("CRL"); and
WHEREAS, as part of the 2011-12 State budget bill, the California
Legislature enacted and the Governor signed, companion bill ABx1 26 requiring that
each redevelopment agency be dissolved; and
WHEREAS, an action challenging the constitutionality of ABx1 26 and ABx1
27 has been filed in the California Supreme Court by the California Redevelopment
Association, the League of California Cities, and two individual cities; and
WHEREAS, on December 29, 2011, the Court upheld ABx1 26; and
WHEREAS, Health and Safety Code Section 34169 requires redevelopment
agencies prepare and adopt an "enforceable recognized obligation payment
schedule" that lists all obligations of the redevelopment agency that are
enforceable within the meaning of subdivision (d) of Section 34167 for the period
of January 2012 through June 2012; and
WHEREAS, Health & Safety Code Section 34169 requires redevelopment
agencies to provide the "enforceable obligation payment schedule" to the
Resolution No. RA 2012-002
Amended Enforceable Obligations Payment Schedule
Adopted: January 17, 2012
Page 2
successor agency, so that pledges of revenues associated with enforceable
obligations of the former redevelopment agencies are honored; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution
have occurred.
NOW THEREFORE, BE IT RESOLVED, by the La Quinta Redevelopment
Agency, as follows:
Section 1. Recitals. The Recitals set forth above are true and correct and
incorporated herein by reference.
Section 2. Adoption of an Enforceable Obligation Payment Schedule. In order to
enable the Agency and the City as successor agency to strictly comply with A13x1
26, and based on the Recitals set forth above, the Agency hereby adopts the
Schedule attached hereto as Exhibit A as the Agency's updated Enforceable
Obligation payment schedule.
Section 3. Implementation. The Agency Board hereby authorizes and directs the
Interim Executive Director to take any action and execute any documents
necessary to implement this Resolution, and further authorizes the Interim
Executive Director to forward the updated enforceable obligation payment schedule
and the previously adopted preliminary draft of the Recognized Enforceable
Obligation Schedule to the .
Section 4. Severability. If any provision of this Resolution or the application
thereof to any person or circumstance is held invalid, such invalidity shall not affect
other provisions or applications of this Resolution which can be given effect
without the invalid provision or application, and to this end the provisions of this
Resolution are severable. The Agency Board hereby declares that it would have
adopted this Resolution irrespective of the invalidity of any particular portion
thereof.
PASSED, APPROVED, AND ADOPTED at the' meeting of the La Quinta
Redevelopment Agency held this 17th of January, 2012, by the following vote, to
wit:
AYES: Agency Members Adolph, Evans, Franklin, Osborne, Chair Henderson
NOES: None
ABSENT: None
ABSTAIN: None
Resolution No. RA 2012-002
Amended Enforceable Obligations Payment Schedule
Adopted: January 17, 2012
Page 3
ATTEST:
VERONICA MONTECINO, CIVIC, A
La Quinta Redevelopment Agency
(AGENCY SEAL)
APPROVED AS T
"TH
La Quinta Redeve
FORM:
Terry HenMrson, Chairperson
La Quinta development Agency
Secretary
Agency Counsel
Agency
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