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HomeMy WebLinkAboutRES CC 2008 2782 2008 1217RESOLUTION NO. 2008 -2782 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ELECTING TO RECEIVE A SHARE OF TAX INCREMENT ALLOCATED UNDER THE MOORPARK REDEVELOPMENT PLAN PURSUANT TO HEALTH AND SAFETY CODE SECTION 33607.7 WHEREAS, the City Council of the City of Moorpark, adopted the Redevelopment Plan for the Moorpark Redevelopment Project on July 5, 1989, by Ordinance No. 110, in accordance with the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.); and WHEREAS, CRL Section 33333.6(e)(2) was amended by the California legislature in 2001, effective January 1, 2002, to provide that as to redevelop plans originally adopted prior to January 1, 1994, the legislative body of an agency (City Council) may enact an ordinance eliminating the deadline on incurring indebtedness formerly required by CRL Section 33333.6, and to further provide that such ordinance may be adopted without compliance with CRL Section 33354.6 or Article 12 of the CRL, except that the redevelopment agency must begin making certain payments of portions of the Agency's tax increment to affected taxing entities required by CRL Section 33607.7 commencing from the date the applicable redevelopment plan reaches the previously existing deadline to incur debt; and WHEREAS, by Ordinance No. 369 (the "SB 211 Ordinance" or the "SB 211 Amendment "), the City has amended the Redevelopment Plan to eliminate the deadline on incurring indebtedness (the "Deadline ") with respect to the entire Moorpark Redevelopment Project Area, pursuant to California Health and Safety Code Section 33333.6; and WHEREAS, California Health and Safety Code Section 33607.7 requires that with respect to any redevelopment plan amended pursuant to Section 33333.6, the redevelopment agency administering such plan amendment shall make certain payments of portions of the tax increment generated within the project area or areas as to which such Deadline has been eliminated to affected taxing entities, including the community, to the extent the community elects to receive such tax increment; and WHEREAS, the City Council may, by resolution, elect to receive a share of the tax increment as authorized by Health and Safety Code Sections 33607.7 and 33607.5(b), net of amounts required by the Redevelopment Law to be deposited into the Agency's Low and Moderate Income Housing Fund, based upon the pro rata share of property taxes which would have been allocable to the City but for adoption of the Plan Amendment. Resolution No. 2008 -2782 Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council elects to receive its prorated share of the tax increment from the Moorpark Redevelopment Project Area as authorized by California Health and Safety Code Sections 33607.7 and 33607.5(b). SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. SECTION 3. The City Clerk shall transmit a copy of this resolution to the Agency and to the County Auditor - Controller. PASSED AND ADOPTED this 17th day of December, 2008. an' a S. Parvin, Mayor ATTEST: Maureen Benson, Assistant City Clerk Resolution No. 2008 -2782 Page 3 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Maureen Benson, Assistant City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2008 -2782 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 17th day of December, 2008, and that the same was adopted by the following vote: AYES: Councilmembers Lowenberg, Mikos, Millhouse, Van Dam, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 31 st day of December, 2008. Maureen Benson, Assistant City Clerk (seal)