HomeMy WebLinkAboutCity Council - 2012-01 RESOLUTION NO. 2012- 01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
DESIGNATING THE CITY COUNCIL AS THE SUCCESSOR AGENCY UNDER PART
1.85 OF DIVISION 24 OF THE HEALTH AND SAFETY CODE SUBJECT TO
RESERVATIONS HEREIN STATED
WHEREAS, the City of Huntington Beach formed the Huntington Beach
Redevelopment Agency ("Agency"), which has continuously engaged in redevelopment
activities under the Community Redevelopment Law (Health and Safety Code sections 33000 et
seq.); and
By enactment of Part 1.85 of Division 24 of the Health and Safety Code, subject to all
reservations herein stated, the Agency, is subject to dissolution on February 1, 2012 such that
the Agency shall be deemed as a former redevelopment agency under Health and Safety Code
section 34173(a); and
Health and Safety Code section 34173(a) designates successor agencies as successor
entities to former redevelopment agencies; and
The City Council of the City of Huntington Beach desires to declare itself as the
successor agency upon the dissolution of the Agency, subject to all reservations herein stated;
and
The City Council of the City of Huntington Beach hereby desires to adopt this
Resolution, subject to the express reservation of rights of the City of Huntington Beach and
Agency under law and/or equity, including without limitation the effectiveness of Assembly Bill
No. 26 (2011-2012 15t Ex. Sess.) ("AB I 26"), collectively, "Laws;" and
The City Council does not intend, by adoption of this resolution, to waive any
constitutional and/or legal rights under law and/or equity, including without limitation the
effectiveness of AB Ix 26, by virtue of the adoption of this Resolution and, therefore, reserves
all of its rights under Laws to challenge the applicability of AB Ix 26 to the Agency and/or the
City of Huntington Beach in any administrative or judicial proceeding; and
All other legal prerequisites to the adoption of this Resolution have occurred; and
The City Council of the City of Huntington Beach hereby finds and determines that the
foregoing recitals are true and correct.
NOW, THEREFORE,the City Council of the City of Huntington Beach does hereby resolve
as follows:
1. Subject to all reservations herein stated, the City of Huntington Beach hereby
elects to become the successor agency under Health and Safety Code section 34173(a) and
implement all duties of successor agencies under Part 1.85 of Division 24 of the Health and
Safety Code.
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Resolution No. 2012- 01
2. The City Manager or his/her designee is hereby authorized to administer the
responsibilities of the City of Huntington Beach under Part 1.85 of Division 24 of the Health
and Safety Code.
3. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach t a
regular meeting thereof held on the °i:h daycd., January 12
Mayor
REVI AND APPROVED: INITIATED AND APPROVED:
Ci ger Director of Economic Development
APP VED AS TO FORM:
City ttorney Ow-
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Res. No. 2012-01
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Special meeting thereof held on January 09, 2012 by the following vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, Boardman
NOES: None
ABSENT: None
ABSTAIN: None
Cy Clerk and ex-officicQlerk of the
City Council of the City of
Huntington Beach, California