SA Resolution 2012-004RESOLUTION NO. SA 2012 - 004
A RESOLUTION OF THE CITY OF LA QUINTA ACTING
AS THE SUCCESSOR AGENCY TO LA QUINTA
REDEVELOPMENT AGENCY ADOPTING THE AMENDED
RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR
THE PERIOD OF JULY 2012 THROUGH DECEMBER 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, 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 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 July 2012
through December 2012; and
Resolution No. SA 2012- 004
Adoption of Amended Recognized Obligation Payment Schedule
Adopted: April 3, 2012
Page 2
WHEREAS, on March 6, 2012, the City of La Quinta acting as the Successor
Agency to the La Quinta Redevelopment Agency adopted by Resolution Number SA
2012-002 approving a Recognized Obligation Payment Schedule for the period of
July 2012-December 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)(1); 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 Amended Recognized Obligation
Payment Schedule for the period of July 2012 through December 2012. 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 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 Amended Recognized Obligation Payment
Schedule to the Oversight Board.
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- 004
Adoption of Amended 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 day of April, 2012, by the following vote, to wit:
AYES: Agency Members Evans, Franklin, Henderson, Osborne, Chair Adolph
NOES: None
ABSENT: None
ABSTAIN: None
DON ADO PH, r4ayor
City of La Quinta Acting as Successor
Agency to the La Quinta Redevelopment
Agency
ATTEST:
SUSAN MAYSELS, Int im Secretary
City of La Quinta Acting as Successor Agency
To the La Quinta Redevelopment Agency
(AGENCY SEAL)
APPROVED AS
NY. KATHERINE JENVW Successor Agency Counsel
City of La Quinta Acting as Successor Agency
To the La Quinta Redevelopment Agency
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