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SA Resolution 2012-005RESOLUTION NO. SA 2012 - 005 A RESOLUTION OF THE CITY OF LA QUINTA ACTING AS THE SUCCESSOR AGENGY TO LA QUINTA REDEVELOPMENT AGENCY ADOPTING AN AMENDED RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD OF JANUARY 2012 THROUGH JUNE 2012 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") 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, et sec.) ("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 was 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 successor agencies to prepare and adopt a "Recognized Obligation Payment Schedule" that lists all obligations of the former redevelopment agency that are enforceable within the meaning of subdivision (d) of Section 34167 for the period of January 2012 through June 2012; and Resolution No. SA 2012-005 Adoption of Recognized Obligation Payment Schedule Adopted: April 3, 2012 Page 2 WHEREAS, on March 20, 2012, the City of La Quinta acting as the Successor Agency to the La Quinta Redevelopment Agency adopted by Resolution Number SA 2012-003 approving an amended Recognized Obligation Payment Schedule for the period of January 2012-June 2012; and WHEREAS, the City of La Quinta acting as the Successor Agency to the La Quinta Redevelopment Agency wishes to amend the BOPS, which is permitted under Health & Safety Code Section 34177(a)11); and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW THEREFORE, BE IT RESOLVED, by the City of La Quinta Acting as 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. Adoption of a Recognized Obligation Payment Schedule. In order to enable the City of La Quinta as Successor Agency to strictly comply with ABx1 26, and based on the Recitals set forth above, the Successor Agency hereby adopts the Schedule attached hereto as Exhibit A as the Recognized Obligation Payment Schedule for the period of January 2012 through June 2012. Pursuant to Health & Safety Section 341731e1, 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 Successor Agency 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 Recognized Obligation Payment Schedule to the Oversight Board. The Successor Agency further authorizes and directs the Interim Executive Director to make any modifications to the Recognized Obligation Payment Schedule required by the Oversight Board, Department of Finance, and/or State 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 Successor, Agency hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof. Resolution No. SA 2012-005 Adoption of Recognized Obligation Payment Schedule Adopted: April 3, 2012 Page 3 PASSED, APPROVED, AND ADOPTED at the meeting of the City of La Quinta Acting as the Successor Agency to the La Quinta Redevelopment Agency held this 3rd of April, 2012, by the following vote, to wit: AYES: Agency Members Evans, Franklin, Henderson, Osborne, Chair Adolph NOES: None ABSENT: None ABSTAIN: None 00_v_�' 1)�- DON ADOLPH, M e City of La Quinta Acting as Successor Agency to the La Quinta Redevelopment Agency ATTEST: SUSAN MAYSELS, Interi ecretary City of La Quinta Acting as Successor Agency To the La Quinta Redevelopment Agency (AGENCY-SEAL)� APPROVED AS TO FO M KAT ERINE JE Ofi, Successor Agency Counsel City of La Quinta Acting as Successor Agency To the La Quinta Redevelopment Agency 0 - 0 � Li w s s g � � a 8 l 8 m w w w = o O sO. .Q Na c 0 f QQ a cm m!_^ ¢N ER E� 25K 5 w 5 aAb .. oo a'o AEA Q Qo c a� c g JA €d Eby gyp' E E 8 E. ygyi±��2 E E @�•P$ E E Sin co yE L'1.Q R a�� c E8 a c c $ee u ° E E n -9 o o x Ya iS _ P 8 ESo m 2 > E E g�_ IN S ! x d ay * ;& | � = k # ¥ � k § # & § # § a t # m # §!|r ,2 # ! §I\ , |2 �kk } k£� {ƒ�! 2 4|2 `\kE � ! !llkf2| ll2f2f � 0 $Q$ N r3 � w w O a o+ w W w w W m w w w W w ¢ w W s s s x $a q d p ry�au r a' iaRn ZN "J o52i0 w w S G ryw S LC ry o < c 2 E E E E E E E dZN ain ci Ee az a �tA U e � 23 ta m yE E m z o N y = E E aa 'o ry 2 N 6 $ a R M N h a N V+ p � p » N QN M N N » C N tp S E y� W W W W y W w E M z m m 8 8� 51.. 8€ t 8 8. �. 6 g F .5dS ffi E E� � ¢ O �S ] `O ? 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