Loading...
HomeMy WebLinkAboutSuccessor Agency - 2014-03 Successor Agency RESOLUTION NO. 2014-03 A RESOLUTION OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROVING THE EXECUTION AND DELIVERY OF A SECOND AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT AND OTHER MATTERS RELATED THERETO RELATING TO THE HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY WHEREAS, pursuant to the Community Redevelopment Law (Part 1 of Division 24 of the Health and Safety Code of the State of California and referred to herein as the "Law"), the City Council of the City of Huntington Beach (the "City") created the former Redevelopment Agency of the City of Huntington Beach (the "Former RDA"); and WHEREAS, the Former RDA was a redevelopment agency, a public body, corporate and politic duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the Law; and WHEREAS, the City agreed to serve as the successor agency (referred to herein as the Agency) to the Former RDA commencing upon the dissolution of the Former RDA on February 1, 2012 pursuant to Assembly Bill X126 ("AB 26"); and WHEREAS, pursuant to Articles 1, 2 and 4 of Chapter 5 of Division 7 of Title 1 of the California Government Code, commencing with Section 6500 thereof(the "Act"), two or more public agencies may by agreement jointly exercise any power common to the contracting parties; and WHEREAS, pursuant to the Act and the Joint Exercise of Powers Agreement, dated as of March 7,4'988s as amended by the First Amendment to Joint Exercise of Powers Agreement, dated as of May 16, 1988 (collectively, the "First Amended Joint Powers Agreement"), each by and between the City and the Former RDA (collectively, the "Original Members"), the Original Members created and established the Huntington Beach Public Financing Authority (the "Authority") for the purposes set forth in the First Amended Joint Powers Agreement and to exercise the powers described in the First Amended Joint Powers Agreement, which each of the Original Members determined would provide significant public benefits; and WHEREAS, the City, the Successor Agency to the Redevelopment Agency of the City of Huntington Beach (the "Agency") and the Huntington Beach Housing Authority (the "Housing Authority") now desire to amend the First Amended Joint Powers Agreement pursuant to the Second Amendment to Joint Exercise of Powers Agreement (such Second Amendment to Joint Exercise of Powers Agreement, in the form presented to this meeting, with such changes, insertions and omissions as are made pursuant to this Resolution, being referred to herein as the "Second Amendment") in order to substitute the Housing Authority for the Agency as a member of the Authority (each, a"Member") and to make certain other amendments to the First Amended Joint Powers Agreement; and 14-4245/110011 1 Successor Resolution No. 2014-03 Agency WHEREAS, the Agency has determined that the early termination of the Agency as a Member of the Authority and the substitution of the Housing Authority is in the best interests of taxing entity recipients of property tax revenues; and WHEREAS, the Agency has determined that no taxing entity recipient of property tax revenues could be affected financially by the actions taken in this Resolution; and WHEREAS, there has been prepared and submitted to this meeting a form of the Second Amendment; and WHEREAS, the Agency desires to authorize the execution and delivery of such document and the performance of such acts by or on behalf of the City as may be necessary or desirable to effect the execution and delivery of such document; NOW, THEREFORE, THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The Second Amendment, in substantially the form submitted to this meeting and made a part hereof as though set forth in full herein, be and the same is hereby approved. The Mayor of the City and the City Manager and the Executive Director (the "Authorized Officers") are, and each of them is, hereby authorized and directed, for and in the name of the Agency, to execute and deliver the Second Amendment in the form presented to this meeting, with such changes, insertions and omissions as the Authorized Officer executing the same may require or approve, such requirement or approval to be conclusively evidenced by the execution of the Second Amendment by such Authorized Officer. Section 2. The officers and employees of the Agency are, and each of them is, hereby authorized and directed, for and in the name of the Agency, to do any and all things and to execute and deliver any and all documents which they or any of them deem necessary or advisable in order to consummate the transactions contemplated by this Resolution and otherwise to carry out, give effect to and comply with the terms and intent of this Resolution. Section 3. All actions heretofore taken by the officers and employees of the Agency in connection with or related to any of the agreements or documents referred to herein, are hereby approved, confirmed and ratified. 14-4245/110011 2 Successor Agency Resolution No. 2014-03 Section 4. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the Successor Agency to the Redevelopment Agency of the City of Huntington Beach at a regular meeting thereof held on the 16th day of June 20LL• 141 yor, tmg or uccess Agency to the Redevelopment Agency of the City of Huntington Beach REVIEWED AND APPROVED: INITIATED AND APPROVED: goL"�- CittTAa`nYger, acting for Successor Agency to Director of Finance, acting for Successor the Redevelopment Agency of the City of Agency to the Redevelopment Agency of the Huntington Beach City of Huntington Beach APPROVED AS TO FORM: on �c C' Attorn 14-4245/110011 3 Successor Agency Res. No. 2014-03 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH j I, JOAN L. FLYNN the Clerk of the Successor Agency to the former City of Huntington Beach Redevelopment Agency, Huntington Beach, California, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by The Successor Agency to the Redevelopment Agency of the City of Huntington Beach at a special meeting held on June 16, 2014 and that is was so adopted by the following vote: AYES: Katapodis, Hardy, Harper, Boardman, Sullivan, Carchio NOES: None ABSENT: Shaw ABSTAIN: None g Clerk( f The Successor Mency to the Redevelopment Agency of the City of Huntington Beach, California