OBRES 2013-008RESOLUTION NO. OB 2013 - 008
A RESOLUTION OF THE OVERSIGHT BOARD OF THE
SUCCESSOR AGENCY TO THE LA QUINTA
REDEVELOPMENT AGENCY ADOPTING RECOGNIZED
OBLIGATION PAYMENT SCHEDULE 13-14B FOR THE
PERIOD OF JANUARY 2014 THROUGH JUNE 2014
WHEREAS, the Oversight Board of the Successor Agency to the La Quinta
Redevelopment Agency ("Oversight Board") has been established to direct the
Successor Agency to La Quinta Redevelopment Agency ("Successor Agency") to take
certain actions to wind down the affairs of the former La Quinta Redevelopment
Agency ("Agency") in accordance with the California Health and Safety Code; and
WHEREAS, the Agency was 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.); and
WHEREAS, as part of the 2011-12 State budget bill, the California
Legislature enacted and the Governor signed, Assembly Bill 26 ("ABx1 26")
requiring that each redevelopment agency be dissolved and Assembly Bill 27
("ABx1 27") that would have allowed redevelopment agencies to remain in
existence if certain remittance payments were made; and
WHEREAS, an action challenging the constitutionality of ABx1 26 and ABx1
27 was filed in the California Supreme Court; and
WHEREAS, on December 29, 2011, the Court upheld ABx1 26 and struck
down ABx1 27 as unconstitutional; and
WHEREAS, on January 2, 2012, the City Council of the City of La Quinta
adopted City Council Resolution No. 2012-002, affirmatively electing to be the
"successor agency" to the Agency; and
WHEREAS, on June 27, 2012, the California Legislature enacted, and the
Governor signed, Assembly Bill 1484 ("AB 1484"), which, among other things,
made certain revisions to certain of the statutes added by ABx1 26; and
WHEREAS, Health and Safety Code Section 34177 requires successor
agencies to prepare and adopt, on a semi-annual basis, a "Recognized Obligation
Payment. Schedule" ("ROPS") that lists all obligations of the former redevelopment
Resolution No. OB 2013-008
Adoption of Recognized Obligation Payment Schedule
Adopted: September 25, 2013
Page 2 of 3
agency that are enforceable within the meaning of subdivision (d) of Section
34171;and
WHEREAS, the Successor Agency has prepared and approved ROPS 13-14B
for the period of January 1, 2014 through June 30, 2014; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution
have occurred.
NOW THEREFORE, BE IT RESOLVED, by the Oversight Board of the
Successor Agency to 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. Approval of ROPS 13-14B. In order to enable the Successor Agency
to strictly comply with ABx1 26, and based on the Recitals set forth above, the
Oversight Board hereby approves ROPS 13-14B attached hereto as "Exhibit A" as
the Recognized Obligation Payment Schedule for the period of January 2014
through July 2014. Pursuant to Health & Safety Section 34173(e), the Successor
Agency's liability, including, but not limited to, its liability for the obligations on the
attached schedule, is limited to the total sum of property tax revenues it receives
pursuant to Part 1.85 of AB x1 26.
SECTION 3. Implementation. The Oversight Board hereby authorizes and directs
the Executive Director to take any action and execute any documents necessary to
implement this Resolution, and further authorizes the Executive Director to forward
ROPS 13-14B to the Department of Finance, State Controller, County
Administrative Officer, and County Auditor -Controller.
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 Oversight Board hereby declares that it would have
adopted this Resolution irrespective of the invalidity of any particular portion
thereof.
SECTION 5. The Oversight Board Secretary shall certify to the adoption of this
Resolution.
Resolution No. OB 2013-008
Adoption of Recognized Obligation Payment Schedule
Adopted: September 25, 2013
Page 3 of 3
PASSED, APPROVED, AND ADOPTED at the meeting of the Oversight Board
of the Successor Agency to the La Quinta Redevelopment Agency held this 25th
day of September, 2013, by the following vote:
AYES: Board Members Marshall, Maysels, Nelson, Osborne, Chair Pena
NOES: None
ABSENT: Board Member McDaniel
ABSTAIN: None
ti
JOHN dA, hairperson
Oversight Boar of the Successor Agency
to the La Quinta Redevelopment Agency
ATTEST:
Pam Nieto
Oversight Board Secretary
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