RES-ORA-0478 Cooperation & Reimbursement Agreement for Street Repairs within Merged and Amended Redevelopment Project AreaRESOLUTION NO. ORA-
0478 RESOLUTION OF THE
ORANGE REDEVELOPMENT AGENCY APPROVING
AND AUTHORIZING THE EXECUTION OF
A COOPERATION AND
REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY
OF ORANGE AND THE ORANGE
REDEVELOPMENT AGENCY FOR CERTAIN STREET
REPAIRS WITHIN THE ORANGE MERGED AND
AMENDED REDEVELOPMENT PROJECT
AREA WHEREAS, the Orange Redevelopment Agency, a public body, corporate and
politic the Agency), has been duly created, established and authorized to transact business and
exercise its powers under and pursuant to the Community Redevelopment Law (commencing
with Section 33000 of the Health and Safety Code of the State of Cali fomi a and herein referred to
as the Redevelopment Law);
and WHEREAS, the City of Orange (the City) is a municipal corporation, which
exercises governmental functions and powers and is organized and existing under the laws of the State
of Califomia;
and WHEREAS, the Amended and Restated Redevelopment Plan (the
Redevelopment Plan) for the Orange Merged and Amended Redevelopment Project Area (
the Redevelopment Project Area) was duly approved by the City Council on November 27,
2001 by Ordinance No. 21-01, pursuant to the Redevelopment
Law; and WHEREAS, pursuant to the Redevelopment Law, the Agency is
engaged in activities necessary to carry out and implement the Redevelopment Plan
for the Redevelopment Project
Area; and WHEREAS, the City desires to rehabilitate various City streets under
its Annual Street Maintenance Program in accordance with the City's Pavement Management
Plan; and WHEREAS, a portion of streets to be rehabilitated are located within
the boundaries of the Project Area and are referred to herein as the Public
Improvements; and WHEREAS, Section 33445 of the Redevelopment Law authorizes the Agency,
with the consent of the City Council, to pay all or a part of the cost of the installation and
construction of the Public Improvements if the City Council determines that (a) the Public Improvements
are of benefit to the Redevelopment Project Area; (b) no other reasonable means of
financing the Public Improvements are available to the City; (c) the payment of funds for
the Public Improvements will assist in the elimination of one or more blighting conditions
inside the Redevelopment Project Area; and (d) the Public Improvements are consistent with the
Agency's adopted Implementation
WHEREAS, the City Council has heretofore found and determined that (a) the Public
Improvements are of benefit to the Redevelopment Project Area; (b) there are no other
reasonable means available to the City for funding the Agency's portion of the costs of the
construction of the Public Improvements other than the funds provided by the Agency; (c) the
payment of funds for the Public Improvements will assist in the elinlination of one or more
blighting conditions inside the Redevelopment Project Area; and (d) the Public Improvements
are consistent with the Agency's adopted Implementation Plan; and
WHEREAS, on the basis of the facts set forth in the agenda report presented to it and
any testimony received at the meeting at which this matter was considered, the Board of
Directors of the Agency finds and determines that (a) the Public Improvements are of benefit to
the Redevelopment Project Area; (b) there are no other reasonable means available to the City
for funding the Agency's portion of the costs of the construction of the Public Improvements
other than the funds provided by the Agency; (c) the payment of funds for the Public
Improvements will assist in the elimination of one or more blighting conditions inside the
Redevelopment Project Area; and (d) the Public Improvements are consistent with the Agency's
adopted Implementation Plan; and
WHEREAS, in furtherance of the Redevelopment Plan for the Redevelopment Project
Area and the public purposes of both the Agency and the City, the Agency and the City desire to
enter into that certain Cooperation Agreement for the Provision of Public Improvements of
Benefit to the Orange Merged and Amended Redevelopment Project Area (Street Improvements)
in the form presented at the meeting at which this Resolution is adopted (the Agreement),
pursuant to which Agreement the City will cause the Public Improvements to be installed and
constructed and thereafter maintained, and the Agency will payor reimburse the City for the
Agency's portion of the costs of such Public Improvements in the amount not to exceed Five
Hundred Thousand and No/100 Dollars ($500,000.00), as more particularly set forth in the
Agreement; and
WHEREAS, the Board of Directors has duly considered all of the terms and
conditions of the proposed Agreement and believes that the Agreement is in the best interests
of the Agency and the City and the health, safety, morals and welfare of its residents, and in
accord with the public purposes and provisions of applicable State and local law and
requirements; and
NOW, THEREFORE, the Board of Directors of the Orange Redevelopment
Agency resolves, finds and determines, on the basis of the facts set forth in the agenda report
presented to it and any testimony received at the meeting at which this matter was
considered, as follows:
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Section I:
The foregoing recitals are true and correct.
Section II:
The Public Improvements are of benefit to the Redevelopment Project Area, there are no
other reasonable means available to the City for funding the Agency's portion of the costs of the
construction of the Public Improvements other than the funds provided by the Agency, the
payment of funds for the Public Improvements will assist in the elimination of one or more
blighting conditions inside the Redevelopment Project Area, and the Public Improvements are
consistent with the Agency's adopted Implementation Plan.
Section III:
The Agreement between the Agency and the City, a copy of which is on file with the
Agency Clerk, is hereby approved, and the Agency Chairman is authorized and directed to
execute, and the Agency Clerk to attest, said Agreement on behalf of the Agency.
Section IV:
The officers and employees of the Agency are authorized and directed, jointly and
severally, to do any and all things necessary or advisable in order to effectuate the purposes of
this resolution and to administer the Agency's obligations, responsibilities and duties to be
performed hereunder, and all actions previously taken by such officers and employees in
connection with the Agreement are ratified and approved.
ADOPTED this 26th day of February, 2008.
ATTEST:
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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 Orange
Redevelopment Agency at a regular meeting thereof held on the 26th day of February, 2008,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DIRECTORS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
DIRECTORS: None
DIRECTORS: None
DIRECTORS: None
o
Clerk
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