RES-10626 Retaining Housing Assets & FunctionsRESOLUTION NO. 10626
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE ELECTING TO RETAIN THE
HOUSING ASSETS AND FUNCTIONS OF THE
ORANGE REDEVELOPMENT AGENCY UNDER
PART 1.85 OF DIVISION 24 OF THE HEALTH AND
SAFETY CODE SUBJECT TO RESERVATIONS
HEREIN STATED.
WHEREAS, the City of Orange formed the Orange Redevelopment Agency,
which has continuously engaged in redevelopment activities under the Community
Redevelopment Law (Health and Safety Code sections 33000 et seq.); and
WHEREAS, Sections 33334.2 and 33334.3 of the Community Redevelopment
Law require the Orange Redevelopment Agency to use 20 percent of taxes allocated to
the Orange Redevelopment Agency pursuant to Section 33670 of the CRL for the purpose
of increasing, improving, and preserving the community's supply of low and moderate
income housing ( "Low and Moderate Income Housing Fund "); and
WHEREAS, the Orange Redevelopment Agency has continuously utilized its
Low and Moderate Income Housing Fund for the purpose of increasing, improving and
preserving the community's supply of low- and moderate - income housing available at
affordable housing cost; and
WHEREAS, by enactment of Part 1.85 of Division 24 of the Health and Safety
Code, subject to all reservations herein stated, the Orange Redevelopment Agency is
subject to dissolution on February 1, 2012 such that the Orange Redevelopment Agency
shall be deemed as a former redevelopment agency under Health and Safety Code section
34173(a); and
WHEREAS, subject to all reservations herein stated and pursuant to Part 1.85 of
Division 24 of the Health and Safety Code, the City Council of the City of Orange desires
to retain, without limitation, all of the housing assets, rights, powers, duties, obligations,
and functions previously performed by the Orange Redevelopment Agency upon the
dissolution of the Orange Redevelopment Agency, including enforcement of affordability
covenants and performance of related activities pursuant to applicable provisions of the
Community Redevelopment Law (Part 1, commencing with Section 33000), including,
but not limited to, Section 33418; and
WHEREAS, the City Council of the City of Orange hereby desires to adopt this
Resolution, subject to the express reservation of rights of the City of Orange and Orange
Redevelopment Agency under law and/or equity, including without limitation the
effectiveness of Assembly Bill No. 26 (2011 -2012 I Ex. Sess.) ( "AB lx 26 ")
collectively, "Laws "); and
WHEREAS, the City Council of the City of Orange 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 lx 26, by virtue of the adoption of
this Resolution and therefore reserves all of its rights under Laws to challenge the
applicability of AB lx 26 to the Orange Redevelopment Agency and/or the City of
Orange in any administrative or judicial proceeding; and
WHEREAS, All other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ORANGE AS FOLLOWS:
Subject to all reservations herein stated and pursuant to Part 1.85 of
Division 24 of the Health and Safety Code, the City of Orange hereby
elects to retain, without limitation, all of the housing assets, rights, powers,
duties, obligations, and functions previously performed by the Orange
Redevelopment Agency upon the dissolution of the Orange
Redevelopment Agency, including enforcement of affordability covenants
and performance of related activities pursuant to applicable provisions of
the Community Redevelopment Law (Part 1, commencing with Section
33000), including, but not limited to, Section 33418 and hereby accepts
the transfer to the City of Orange of all of the housing assets, rights,
powers, duties, obligations, and functions associated with the housing
activities of the Orange Redevelopment Agency.
2. The City of Orange expressly reserves the right to rescind this resolution in
the event that the housing assets transferred to the City pursuant to Part 1.85
of Division 24 of the Health and Safety Code, as it may be amended from
time to time, are not sufficient in and of themselves to pay the costs to the
City of carrying out the housing duties, obligations and functions transferred
to the City.
3. The City Manager is hereby authorized to make all notifications of such
election as deemed necessary under Part 1.85 of Division 24 of the Health
and Safety Code and to execute all documents and take all actions
necessary and convenient to carry out and implement the transfer to the
City of Orange, without limitation, all of the housing assets, rights,
powers, duties, obligations, and functions previously performed by the
Orange Redevelopment Agency upon the dissolution of the Orange
Redevelopment Agency, including enforcement of affordability covenants
and performance of related activities pursuant to applicable provisions of
the Community Redevelopment Law (Part 1, commencing with Section
33000), including, but not limited to, Section 33418 and to administer the
City's obligations, responsibilities and duties to be performed thereunder.
4. This Resolution shall take effect immediately upon its adoption.
2
ADOPTED this 24 day of January, 2012.
ATTEST:
Mary E. ity Clerk, City of a
I, MARY E. MURPHY, City Clerk of the City of Orange, California do hereby
certify that the foregoing Resolution was duly and regularly adopted by the City Council
or the city of Orange at a regular meeting thereof held on the 24 day of January, 2012,
by the following vote:
AYES:COUNCILMEMBERS:Whitaker, Smith, Cavecche
NOES:COUNCILMEMBERS:Dumitru, Bilodeau
ABSENT:COUNCILMEMBERS:None
ABSTAIN:COUNCILMEMBERS:None
Mary rp ity C o Orange
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