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HomeMy WebLinkAboutCC RESO 2012-15RESOLUTION NO. 2012 — 15 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DESIGNATING THE CITY OF NATIONAL CITY AS THE SUCCESSOR AGENCY UNDER PART 1.85 OF THE HEALTH AND SAFETY CODE SUBJECT TO RESERVATIONS HEREIN STATED WHEREAS, the City of National City formed the Community Development Commission of the City of National City (''Agency"), which has continuously engaged in redevelopment activities under the Community Redevelopment Law (Health and Safety Code sections 33000 et seq.); and WHEREAS, by enactment of Part 1.85 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 WHEREAS, Health and Safety Code section 34173(a) designates successor agencies as successor entities to former redevelopment agencies; and WHEREAS, the City Council of the City of National City desires to declare itself as the successor agency upon the dissolution of the Agency, subject to all reservations herein stated; and WHEREAS, the City Council of the City of National City hereby desires to adopt this Resolution, subject to the express reservation of rights of the City of National City and Agency under law and/or equity, including without limitation the effectiveness of Assembly Bill No. 26 (201 1-2012 isi Ex. Sess.) (AB ix 26"), collectively, 'Laws"; and WHEREAS, 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 1 x 26. by virtue of the adoption of this Resolution and, therefore, reserves all of its rights under Laws to challenge the applicability of AB 1 x 26 to the Agency and/or the City of National City in any administrative or judicial proceeding; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. WHEREAS, the City Council of the City of National City hereby finds and determines that the foregoing recitals are true and correct. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AS FOLLOWS: 1. Subject to all reservations herein stated. the City of National City 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 the Health and Safety Code. 2. The City Manager is hereby authorized to administer the responsibilities of the City of National City under Part 1.85 of the Health and Safety Code. Resolution No. 2012 — 15 January 10, 2012 Page Two 3. This Resolution shall take effect immediately upon its adoption. PASSED and ADOPTED this 10th day of January 012. on Morrison, Mayor ATTEST: A Michael R. Dalla, City Clerk PPROVED ' TO FO dia aci ty Attorne Passed and adopted by the Council of the City of National City, Califomia, on January 10, 2012 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 1141) City CI rk of the City National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2012-15 of the City of National City, California, passed and adopted by the Council of said City on January 10, 2012. City Clerk of the City of National City, California By: Deputy