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HomeMy WebLinkAboutCC RESO 2011-176RESOLUTION NO. 2011 — 176 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF AN APPEAL TO ABX1 27, AND AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS IN SUPPORT AND FURTHERANCE OF AN APPEAL WHEREAS, ABx1 27 requires the City to pay a remittance to the state in order to continue the redevelopment agency (CDC); and WHEREAS, the estimated amount of the remittance, based on the Fiscal Year 2008-2009 annual report is $4.8 Million; and WHEREAS, California Health and Safety Code section 34194 (b)(2)(L) provides that a city may appeal the amount of remittance billed by the California Department of Finance on the basis that the information in the Controller's report was in error or that the percentage of tax increment necessary to pay for tax allocations bonds and interest payments has increased by 10 percent (10%) or more over the percentage calculated in the agency's 2008-2009 annual report; and WHEREAS, the Community Development Commission of the City of National City ("CDC") issued bonds in 2011 (2011 Tax Allocation Bonds), increasing the debt service by approximately 30 percent (30%) since FY 2008-2009; and WHEREAS, staff believes an appeal to ABX1 27 is warranted because the Department of Finance will be basing its calculation of the remittance due by the City on the 2008-2009 annual report, which does not include the 2011 Tax Allocation Bonds debt service. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the filing of an appeal to ABx1 27 to the California Department of Finance regarding the amount of the remittance billed to the City of National City. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute a documents in support and furtherance of the appeal. PASSED and ADOPTED this 2nd day of August, 2011. on Morrison, Mayor ATTEST: n Michael R. Della, City Clerk OVED O FORM: CIva City Attorney Passed and adopted by the Council of the City of National City, California, on August 2, 2011 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California /r CI k of the Ci of Y�a City tional City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-176 of the City of National City, California, passed and adopted by the Council of said City on August 2, 2011. City Clerk of the City of National City, California By: Deputy