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HomeMy WebLinkAboutRES RDA 2011 249 2011 0907RESOLUTION NO. 2011 -249 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA AUTHORIZING THE AGENCY CHAIR TO EXECUTE A REMITTANCE AGREEMENT WITH THE CITY OF MOORPARK PURSUANT TO HEALTH AND SAFETY CODE SECTION 34194.2 WHEREAS, Assembly Bill X1 27 ( "AB 27 ") was passed by the State Legislature on June 15, 2011 and signed by the Governor on June 29, 2011; and WHEREAS, upon enactment, AB 27 is to be codified as Part 1.9 of the California Health and Safety Code, commencing with Section 34192 ( "Part 1.9 "); and WHEREAS, AB 27 establishes a voluntary alternative redevelopment program whereby the City may choose to continue redevelopment pursuant to Part 1.9, upon the enactment of an ordinance by the City to comply with the provisions of Part 1.9 and make certain remittances described in Health and Safety Code Section 34194 to the county auditor - controller; and WHEREAS, the City Council of the City of Moorpark (the "City Council ") has introduced an ordinance for adoption that will comply with Part 1.9 (the "Ordinance "); and WHEREAS, pursuant to the Ordinance, the City Council will commit to comply with and make the remittances required by Part 1.9 and authorize the continuation of the Agency after enactment of AB 27; and WHEREAS, pursuant to Section 34194.1, in making remittances to the county auditor - controller pursuant 10 Section 34194 or 34194.5, the City may use any available funds not otherwise obligated for other uses; and WHEREAS, pursuant to Section 34194.2, the City may enter into an agreement ( "Agreement ") with the Agency, whereby the Agency will transfer a portion of its tax increment to the City, in an amount not to exceed the annual remittance required that year pursuant to Chapter 3 of Part 1.9, for the purpose of financing activities within the redevelopment area that are related to accomplishing the redevelopment agency project goals; and WHEREAS, the purpose of an Agreement is to provide for the transfer of funds by the Agency to the City in an amount sufficient for the City to make the remittances required by Part 1.9., with net available tax increment in this current fiscal year and forthcoming fiscal years; and Resolution No. 2011 -249 Page 2 WHEREAS, the term "Net Available Tax Increment" is defined as any tax increment funds allocated to the Agency, net of existing debt service payments and existing third -party contractual obligations, not including any funds on deposit in the Agency's Low and Moderate Income Housing Fund , and also not including any portion of tax increment funds to be allocated to the Low and Moderate Income Housing Fund pursuant to Health and Safety Code Section 33334.2, 33334.4 and 33334.6 for the 2011 -12 fiscal year only, to the extent the Agency makes a finding that there are insufficient other moneys to meet its debt and other obligations, current priority program needs or its obligation to transfer funds to the City under Section 341 94.2 as provided in the Agreement; and WHEREAS, the obligations of the Agency under the Agreement shall constitute an indebtedness of the Agency for the purpose of carrying out the redevelopment plan for each of the Agency's redevelopment project areas. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Executive Director, or his designee, is hereby authorized to execute, upon the effective date of an ordinance that complies with Part 1.9 of the California Health and Safety Code, a Remittance Agreement with the City of Moorpark in the form presented at the meetings of the City Council and Redevelopment Agency of the City of Moorpark on September 7, 2011. SECTION 2. The Agency Secretary shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 7th day of September, 2011. i �1..� zL,et/ ,� � �zv��✓ Janice S. Parvin, Chair ATTEST: �J��pPMEryTgCt<` ESTABLISHE Maureen Benson, Agency Secretary MARCH 1R 1Qa� \/ Resolution No. 2011 -249 Page 3 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Maureen Benson, Agency Secretary of the Redevelopment Agency of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2011 -249 was adopted by the Redevelopment Agency of the City of Moorpark at a regular meeting held on the 7th day of September, 2011, and that the same was adopted by the following vote: AYES: Agency Members Mikos, Pollock, Van Dam, and Chair Parvin NOES: None ABSENT: Agency Member Millhouse ABSTAIN: None 2011. WITNESS my hand and the official seal of said City this 14th day of September, Maureen Benson, Agency Secretary (seal) . �PMENTa _ 'k-MARCH 18, R �cnY (� �