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SA Resolution 2014-003RESOLUTION NO. SA 2014 - 003 A RESOLUTION OF THE SUCCESSOR AGENCY TO THE LA QUINTA REDEVELOPMENT AGENCY EXTENDING THE TERM OF THE JOINT EXERCISE OF POWERS AGREEMENT FOR THE LA QUINTA FINANCING AUTHORITY WHEREAS, the La_ Quinta Financing Authority ("Financing Authority") was formed on November 3, 1988, pursuant to a Joint Exercise of Powers Agreement ("Agreement") between the City of La Quinta ("City") and the former La Quinta Redevelopment Agency ("RDA"); and WHEREAS, the Financing Authority was formed pursuant to the Joint Exercise of Powers Act, Government Code section 6500 et seq. (the "Act"), which, among other provisions, authorizes local agencies, such as the City and former RDA, to form a joint exercise of powers authority, such as the Financing Authority, for the purposes of issuing bonds; and WHEREAS, the Act, in Government Code section 6573, provides in pertinent part that, so long as any bonds are outstanding and unpaid, the joint powers agreement shall be irrevocable; and WHEREAS, as part of the 201 1-12 State budget bill, the California Legislature enacted, and the Governor signed, Assembly Bill 26 from the 201 1-12 First Extraordinary Session ("ABx1 26"), which required each redevelopment agency to be dissolved, and Assembly Bill 27 from the 201 1-12 First Extraordinary Session ("ABx1 27"), which 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 California Supreme Court upheld ABx1 26 and struck down ABx1 27 as unconstitutional; and WHEREAS, pursuant to Health and Safety Code section 34173(a), enacted by ABx1 26, successor agencies by operation of law were designated as the successor entities/successors-in-interest to the former redevelopment agencies; 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 RDA; and Resolution No. SA 2014-003 Extension to JPA Creating the FA Adopted: March 18, 2014 Page 2 WHEREAS, on June 27, 2012, the California Legislature enacted, and the Governor signed, Assembly Bill 1484 from the 201 1-12 Regular Session ("AB 1484"), which, among other provisions, amended Health and Safety Code section 34173 by adding subdivision (g), which clarified that a successor agency is a separate public entity from the public agency that provides for its governance and the two entities shall not merge; and WHEREAS, AB 1484 also amended Health and Safety Code section 34187 by adding subdivision (b), which provides in pertinent part that, when all of the debt of a redevelopment agency.has been retired or paid off, the successor agency must dispose of all remaining assets and terminate its existence within one year of the final debt payment; and WHEREAS, AB 1484 also added Health and Safety Code section 34177.5, which provides, among other provisions, that a successor agency has the authority, rights, and powers of redevelopment agencies for the purpose of issuing bonds or incurring other indebtedness for specified purposes, including but not limited to refunding existing bonds or other indebtedness of the former redevelopment agency; and WHEREAS, Section 3 of the Agreement provides, "This Agreement shall become effective as of the date hereof and shall continue in full force and effect until January 1, 2014, unless extended or earlier terminated by a supplemental agreement [of] the Agency and the City"; and WHEREAS, to clarify that the Agreement complies with, and will continue to comply with, the requirements of the Act (including Government Code section 6573), that the Agreement continues to be in full force and effect in furtherance of the authority, rights, and powers set forth in Health and Safety Code section 34177.5, and that the Agreement remains' in full force and effect in furtherance of any .other applicable laws, the City and the Successor Agency to the La Quinta Redevelopment Agency ("Successor Agency") confirm the extension of the term of the Agreement; 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. Resolution No. SA 2014-003 Extension to JPA Creating the FA Adopted:. March 18, 2014 Page 3 SECTION 2. Extension of Term to the Joint Exercise of Powers==Agreement. The Successor Agency hereby extends the term of the Agreement as. set_.forfh in the-- Extension of Joint Exercise of Powers Agreement, a copy of which. is attached• 6 this Resolution and is on file with the Office of the City Clerk. SECTION 3. 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 4. The Successor Agency Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED at the meeting of the Successor Agency to the La Quinta Redevelopment Agency held this 181h day of March 2014, by the following vote: AYES: Agency Members Evans, Franklin, Henderson, Osborne, Chair Adolph NOES: None ABSENT: None ABSTAIN: None A,/ 4f." DON ADOL H, Ch it erson City of La Quinta Acting as Successor Agency to the La Quinta Redevelopment Agency ATTEST: S;� OA40� SUSAN MAYSELS, S cretary City of La Quinta Acting as Successor Agency to the La Quinta Redevelopment Agency Resolution No. SA 2014-003 Extension to JPA Creating the FA Adopted: March 18, 2014 Page 4 (AGENCY SEAL) APPROVW TO FORM: 7 i M. KATHEMNE JENSON, Su2Cessor sor Agency Counsel City of La Quinta Acting as Agency to the La Quinta Redevelopment Agency EXHIBIT A. EXTENSION OF JOINT EXERCISE OF POWERS AGREEMENT This Extension of Joint.Exercise of Powers Agreement ("Extension") is entered into this 18th day of March, 2014, by and between the City -of La Quinta, a California charter city ("City"), and the Successor Agency to the La Quinta Redevelopment Agency, a public agency, corporate.and politic, and successor -in -interest to the former La Quinta Redevelopment Agency pursuant to Health and Safety Code section 34173 ("Successor Agency"). WITNESSETH: WHEREAS, the La Quinta Financing Authority ("Financing Authority") Was formed on November 3, 1988, pursuant to that certain. Joint Exercise of Powers Agreement of the same date ("Agreement") between the City and the former La Quinta Redevelopment Agency ("RDA"); and WHEREAS, the Financing Authority was formed pursuant to the Joint Exercise.of Powers Act, Government Code section 6500 et seq. (the "Act"), which, among other provisions, authorized the City and former RDA to form the Financing Authority for the purposes of issuing bonds; and WHEREAS, the Act, in Government Code section 6573, . provides in pertinent part that, so long as any bonds issued by the Financing. Authority are outstanding. and unpaid, the Agreement shall be irrevocable; and WHEREAS, as part.of the 2011=12 State budget bill, the California Legislature enacted, and the Governor signed, Assembly Bill 26 from the .2011-12 First Extraordinary Session ("ABx1 26"),. which required each redevelopment agency to be dissolved; and Assembly Bill 27 from the 2011-12 First Extraordinary. Session ("ABx1 27"), which 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 California Supreme Court upheld ABx1 26 and struck down ABx1 27 as unconstitutional; and WHEREAS, pursuant to Health and Safety Code section 34173(a), enacted by ABx1 26, the Successor Agency by operation. of law was designated as the successor entity/successor-in-interest to the former RDA upon the RDA's dissolution;. 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. .RDA; and 2671/015610-0002 6750867.2 a03/10/14 WHEREAS, on June 27, 2012, . the California Legislature enacted, and the Governor signed, Assembly Bill 1484 from the 2011-12 Regular Session ("AB 1484"), which, among other provisions, amended Health and Safety Code section 34173 by adding subdivision (g), which clarified that a successor agency is a separate public entity from the public agency that provides for its governance and the two entities shall not merge; and WHEREAS, AB 1484 also amended. Health and Safety Code section 34187 by adding subdivision (b), which provides in pertinent part that, when all of the debt of a. redevelopment agency has been retired or paid off, the successor agency must dispose of all remaining assets and. terminate its existence within. one year of the final debt payment; and WHEREAS, AB 1484 also added Health and Safety Code section 34177.5, which provides, among other provisions., that a successor agency has the authority, rights, and powers of redevelopment agencies. for the purpose of issuing bonds or incurring " other indebtedness for specified.* purposes, including -but not limited to refunding existing bonds or other indebtedness of the former redevelopment agency; and WHEREAS, Section 3 of the Agreement provides, "This Agreement shall become effective as of the date hereof and shall continue in full force and effect until January 1, 2014, unless extended. or earlier terminated by a :supplemental agreement [of] the Agency and the City"; and WHEREAS, to clarify that the Agreement complies with, `and will continue to comply with, the requirements of the Act (including Government Code section 6573), that the Agreement continues to be in full force and effect in furtherance of the authority, rights-, and powers set -forth in Health and Safety Code .section 34177.5, and. that the Agreement remains in full force and effect in furtherance of any other applicable laws, the City and Successor Agency mutually agree to extend and confirm the extension of the term of the Agreement, as more particularly set forth herein. NOW THEREFORE, based upon the foregoing Recitals, which -are incorporated, herein by this reference, the City and Successor Agency agree as follows: SECTION 1. The Term of the Agreement set forth in Section 3 of the Agreement is hereby extended and confirmed to be extended so that the Agreement shall continue in full force and effect until one day after the date that the Successor Agency is terminated by operation of law pursuant to Health and Safety Code Section 34187(b), as may be amended and/or. pursuant to such: successor statute or regulation, unless the Agreement is earlier terminated by a supplemental agreement of the Successor Agency and the City. SECTION 2. All other provisions of the Agreement shall remain and continue in full force and effect, subject to the terms of this Extension. 2671/015610-0002 6750867.2 a03/10/14 -2- IN WITNESS THEREOF, the parties hereto have caused this Extension of Joint Exercise of Powers Agreement. to be executed by and through their respective officers duly authorized on the date first written above. CITY: SUCCESSOR AGENCY: By:. V-\rv" By: DON AD PH, 4yor DON ADOLPIPW, Chai_ erson City of La Quinta Successor Agency to the -La Quinta Redevelopment Agency ATTEST: ATTEST: SUSAN MAYSELS, City Jerk SUSAN MAYSELS, Age i y Secretary-___' (CITY SEAL) (AGENCY SEAL) APPROVED AS,TQ FO M: APP VED AST OR WK�THERINE N, Ci y Attorney &MTHErRINE JV6N, Agency Counsel 2671/015610-0002 6750867.2 a03/10/14 _3_