33681.10
. (a) (1) For the purposes of this section, "existing
indebtedness" means one or more of the following obligations incurred
by a redevelopment agency prior to the effective date of this
section, the payment of which is to be made in whole or in part,
directly or indirectly, out of taxes allocated to the agency pursuant
to Section 33670, and that is required by law or provision of the
existing indebtedness to be made during the fiscal year of the
relevant allocation required by Section 33681.9:
(A) Bonds, notes, interim certificates, debentures, or other
obligations issued by the agency, whether funded, refunded, assumed,
or otherwise, pursuant to Article 5 (commencing with Section 33640).
(B) Loans or moneys advanced to the agency, including, but not
limited to, loans from federal, state, or local agencies, or a
private entity.
(C) A contractual obligation that, if breached, could subject the
agency to damages or other liabilities or remedies.
(D) An obligation incurred pursuant to Section 33445.
(E) Indebtedness incurred pursuant to Section 33334.2.
(F) An amount, to be expended for the operation and administration
of the agency, that may not exceed 90 percent of the amount spent
for those purposes in the 2001-02 fiscal year.
(G) Obligations imposed by law with respect to activities that
occurred prior to the effective date of the act that adds this
section.
(2) Existing indebtedness incurred prior to the effective date of
this section may be refinanced, refunded, or restructured after that
date, and shall remain existing indebtedness for the purposes of this
section, if the annual debt service during that fiscal year does not
increase over the prior fiscal year and the refinancing does not
reduce the ability of the agency to make the payment required by
subdivision (a) of Section 33681.9.
(3) For the purposes of this section, indebtedness shall be deemed
to be incurred prior to the effective date of this section if the
agency has entered into a binding contract subject to normal
marketing conditions, to deliver the indebtedness, or if the
redevelopment agency has received bids for the sale of the
indebtedness prior to that date and the indebtedness is issued for
value and evidence thereof is delivered to the initial purchaser no
later than 30 days after the date of the contract or sale.
(b) During the 2003-04 fiscal year, an agency that has adopted a
resolution pursuant to subdivision (c) may, pursuant to subdivision
(a) of Section 33681.9, allocate to the auditor less than the amount
required by subdivision (a) of Section 33681.9, if the agency finds
that either of the following has occurred:
(1) That the difference between the amount allocated to the agency
and the amount required by subdivision (a) of Section 33681.9 is
necessary to make payments on existing indebtedness that are due or
required to be committed, set aside, or reserved by the agency during
the applicable fiscal year and that are used by the agency for that
purpose, and the agency has no other funds that can be used to pay
this existing indebtedness, and no other feasible method to reduce or
avoid this indebtedness.
(2) The agency has no other funds to make the allocation required
by subdivision (a) of Section 33681.9.
(c) (1) Any agency that, pursuant to subdivision (b), intends to
allocate to the auditor less than the amount required by subdivision
(a) of Section 33681.9 shall adopt, prior to December 31, 2003, after
a noticed public hearing, a resolution that lists all of the
following:
(A) Each existing indebtedness incurred prior to the effective
date of this section.
(B) Each indebtedness on which a payment is required to be made
during the 2003-04 fiscal year.
(C) The amount of each payment, the time when it is required to be
paid, and the total of the payments required to be made during the
2003-04 fiscal year. For indebtedness that bears interest at a
variable rate, or for short-term indebtedness that is maturing during
the fiscal year and that is expected to be refinanced, the amount of
payments during the fiscal year shall be estimated by the agency.
(2) The information contained in the resolution required by this
subdivision shall be reviewed for accuracy by the chief fiscal
officer of the agency.
(3) The legislative body shall additionally adopt the resolution
required by this section.
(d) (1) Any agency that, pursuant to subdivision (b), determines
that it will be unable in the 2003-04 fiscal year, to allocate the
full amount required by subdivision (a) of Section 33681.9 shall,
subject to paragraph (3), enter into an agreement with the
legislative body by February 15, 2004, to fund the payment of the
difference between the full amount required to be paid pursuant to
subdivision (a) of Section 33681.9 and the amount available for
allocation by the agency.
(2) The obligations imposed by paragraph (1) are hereby declared
to be indebtedness incurred by the redevelopment agency to finance a
portion of a redevelopment project within the meaning of Section 16
of Article XVI of the California Constitution. This indebtedness
shall be payable from tax revenues allocated to the agency pursuant
to Section 33670, and any other funds received by the agency. The
obligations imposed by paragraph (1) shall remain an indebtedness of
the agency to the legislative body until paid in full, or until the
agency and the legislative body otherwise agree.
(3) The agreement described in paragraph (1) shall be subject to
these terms and conditions specified in a written agreement between
the legislative body and the agency.
(e) If the agency fails, under either Section 33681.9 or
subdivision (d), to transmit the full amount of funds required by
Section 33681.9, is precluded by court order from transmitting that
amount, or is otherwise unable to meet its full obligation pursuant
to Section 33681.9, the county auditor, by no later than May 15,
2004, shall transfer any amount necessary to meet the obligation
determined for that agency in paragraph (1) of subdivision (c) of
Section 33681.9 from the legislative body's property tax allocation
pursuant to Chapter 6 (commencing with Section 95) of Part 0.5 of
Division 1 of the Revenue and Taxation Code.