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SA Resolution 2013-008RESOLUTION NO. SA 2013 - 008 A RESOLUTION OF THE SUCCESSOR AGENCY TO THE LA QUINTA REDEVELOPMENT AGENCY ADOPTING RECOGNIZED OBLIGATION PAYMENT SCHEDULE 13- 14E FOR THE PERIOD OF JANUARY 2014 THROUGH JUNE 2014 WHEREAS, the City Council of the City of La Quinta ("City Council" or "City," as applicable) previously 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); 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); WHEREAS, the former 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 seq.) ("CRL"); and WHEREAS, as part of the 201 1-12 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 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 Resolution No. SA 2013-008 Adoption of Recognized Obligation Payment Schedule Adopted: September 17, 2013 Page 2 of 3 Payment Schedule" ("ROPS") that lists all obligations of the former redevelopment agency that are enforceable within the meaning of subdivision (d) of Section 34171; and WHEREAS, Successor Agency to the La Quinta Redevelopment Agency ("Successor Agency") staff have prepared 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 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 Successor Agency hereby approves BOPS 13-14B attached hereto as "Exhibit A" as the Recognized Obligation Payment Schedule for the period of January 2014 through June 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 Successor Agency hereby authorizes and directs the Executive Director to submit ROPS 13-14B to the Oversight Board of the City as Successor Agency to the La Quinta Redevelopment Agency (the "Oversight Board") and, after approval by the Oversight Board, to submit a copy of the approved BOPS 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 Successor Agency hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof. SECTION 5. The Successor Agency Secretary shall certify to the adoption of this Resolution. Resolution No. SA 2013-008 Adoption of Recognized Obligation Payment Schedule Adopted: September 17, 2013 Page 3 of 3 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Successor Agency to the La Quinta Redevelopment Agency held this .17th of September 2013, by the following vote: AYES: Agency Members Evans, Franklin, Henderson, Osborne, Chair Adolph ABSENT: None ABSTAIN: None DON ADOLFH, Chaikberson City of La Quinta Acting as Successor Agency to the La Quinta Redevelopment Agency ATTEST: t� SUSAN MAYSELS, S cretary City of La Quinta Acting as Successor Agency to the La Quinta Redevelopment Agency (AGENCY SEAL) APPROVED AIP TO FORM: M. 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