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HomeMy Public PortalAbout2011.163 (07-05-11) RESOLUTION NO. 2011.163 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA STATING THE CiTY'S INTENTION TO MAKE REMITTANCES REQUIRED BY ABX1 27 IN ORDER TO AVOID DISSOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY WHEREAS, on March 20, 1973, the City Council of the City activated the Lynwood Redevelopment Agency ("Agency") by adoption of Ordinance No. 932; and WHEREAS, the Agency, through the exercise of its powers under the California Community Redevelopment Law (Health & Safety Code §§ 33000 et seq.) ("CRL") has made major contributions to the physical and economic development of the City and has strengthened the City's ability to meet the needs of its citizens and contributed to the quality of life throughout the City; and WHEREAS, the California Legislature has adopted, and the Governor has signed ABX1 26 (2011) and ABX1 27 (2011), legislation that would dissolve the Agency effective as of October 1, 2011, unless the City agrees to make certain payments to the State Department of Finance and the County Auditor-Controller; and WHEREAS, now that the Governor has signed ABX1 26, redevelopment agencies' powers purportedly are suspended and redevelopment agencies purportedly are now prohibited from taking a number of actions, including making loans and entering into or modifying contracts; and WHEREAS, Section 34193, subdivision (a), of the California Health & Safety Code, as added by ABX1 27, states that a city must adopt an ordinance on or before November 1, 2011 declaring that the city will make the payments required by ABX1 27 to avoid the suspension of its redevelopment agency's powers and the dissolution of its redevelopment agency; and WHEREAS, Section 34193, subdivision (b), of the California Health & Safety Code, as added by ABX1 27, permits a city that intends to adopt an ordinance declaring it will make the required payments to adopt a non-binding resolution stating the city intends to adopt such an ordinance; however, at this time, the exact amounts of such required payments are unknown, but will be calculated by the State Department of Finance prior to August 1, 2011; and WHEREAS, the adoption of the non-binding resolution of intent described above would allow the redevelopment agency to continue carrying out its business, despite the enactment of ABX1 26. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LYNWOOD AS FOLLOWS: Section 1. The above recitals are true and correct and incorporated herein by this reference. Section 2. Based on the foregoing recitations and all evidence presented to and considered by the City Council, and in accordance with Health and Safety Code Section 34193, subdivision (b), the City Council hereby declares by this non-binding resolution that it intends to adopt an ordinance (the "Ordinance") on or before November 1, 2011 declaring it will make the payments required by ABX1 27. Section 3. This non-binding resolution of intent in no way warrants or guarantees any payment of money by the City to any other entity, and the City reserves the right to withdraw from making the payments required by ABX1 27 should the amount of such payments (as will be determined by the State Department of Finance and subject to any right of appeal by the City) prove to be in excess of the City's available funds not otherwise obligated for other uses. Section 4. This non-binding resolution shall in no way be construed as requiring the City to abide by ABX1 26 or ABX1 27 in the event either, or both, bills are found unconstitutional or otherwise legally invalid in whole or in part, nor shall this resolution effect or give rise to any waiver of rights or remedies that the City may have, whether in law or in equity, to challenge ABX1 26 or ABX1 27. This resolution shall not be construed as the City's willing acceptance of, or concurrence with, either ABX1 26 or ABX1 27; nor does this resolution evidence any assertion or belief whatsoever on the part of the City that said bills are constitutional or lawful; not is this resolution intended to prevent the City from appealing the payment required by ABX1 27. Section 5. The City Manager of the City is hereby authorized to take all action necessary to effectuate this Resolution. PASSED, APPROVED and ADOPTED this 5 day of July, 2011. ; , _ , � ' fJ � :� ,����. `_ �- �-�:. _ �L� .._� � __ Aide Castro, Mayor ATTEST: ; � � � aria Quinonez, Ci y Clerk Roger L. ey, Ci Manager APPROVED AS TO FORM: Fred Ga ante, City Attorney STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 5 day of July, 2011. AYES: COUNCIL MEMBERS FLORES, RODRIGUEZ, MORTON AND CASTRO NOES: NONE ABSENT: COUNCIL MEMBER SANTILLAN ABSTAIN: NONE � / aria Quinonez, ity Clerk � STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2011.163 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 5 day of July, 2011. � � Maria Quinonez, City Clerk