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HomeMy Public PortalAbout2010.088 (05-04-10)RESOLUTION NO. 2010.088 A JOINT RESOLUTION OF THE CITY AND REDEVELOPMENT AGENCY OF THE CITY OF LYNWOOD AUTHORIZING THE REDEVELOPMENT AGENCY TO REMIT TO THE STATE'S SUPPLEMENTAL REVENUE AUGMENTATION FUND (SERAF) THE MANDATED AMOUNT OF $1,993,341 FOR FY 2009-10 AND APPROPRIATING THE FUNDS INTO THE AGENCY BUDGET TO ENABLE THE PAYMENT WHEREAS, AB 26 4X requires redevelopment agencies to remit to their county SERAF a proportionate share of $1.7 billion for fiscal year 2009-10 and $350 million for fiscal year 2010-11. Those payments are due May 10, 2010 and May 10, 2011, respectively; and WHEREAS, The State Department of Finance has notified each ~redevelopment agency of the amount of th'eir respective SERAF payments~for fY 2`009=1~0`,~tfie~ City,.of Lynwood has been directed to pay $1,993,341; and:. ~~, WHEREAS, The California Redevelopment Association (CRA) has filed a lawsuit in Sacramento Superior Court challenging the constitutionality of AB 26 4x. CRA's objective to obtain a Superior Court judgment declaring the legislation unconstitutional and preventing its enforcement prior to May 10, 2010 deadline for SERAF payments, however, until AB 26 4x has been judicially determined to be unconstitutional, it is the law; and ` WHEREAS, Redevelopment agencies should be prepared to comply with its terms if that becomes necessary due to CRA's inability to obtain a judgment or injunction prior to May 10, 2010 or that judgment is unfavorable and must be appealed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS FOLLOWS: Section 1. The City and Agency is authorized to remit Supplemental Revenue Augmentation Funds (SERAF) in the amount of $1,993,341 for FY 2009-10; and Section 2. Increase appropriations by $1,993,341, under protest, and direct the City Treasurer to have the funds available by May 3 to make this payment if payment is required; and Section 3. The Executive Director of the Agency, or his designee, is hereby authorized to sign all documents necessary and appropriate to carry out the mandate imposed by AB 26 4X of the State of California, and Section 4. Administer and implement the Agency's obligations, responsibilities and duties to be performed under AB 26 4x, under protest on the behalf of the Agency. Section 5. This Resolution becomes effective immediately upon adoption. PASSED, APPROVED and ADOPTED this 4t" day of May, 2010. ~%~~ ~ _ Maria T. Santillan, Mayor ATTEST: ~ i Maria Quinonez, City Clerk Roger L. Haley, ' y Manager APPROVED AS TO FORM: Fred Galante, City Attorney APPROVED AS TO CONTENT: < ~ Sa M. Withers, Director of Redevelopment 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 4t" day of May, 2010. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, AND SANTILLAN NOES: NONE ABSENT: COUNCIL MEMBER CASTRO ABSTAIN: NONE l ~ Maria Quinonez, City 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. 2010.088 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 4t" day of May, 2010. ~- ~ Maria Quinonez, City Clerk