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RES-10216 Cooperation & Reimbursement Agreement Street Monument and Entry Sign Tustin St.RESOLUTION NO. 10216 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING A COOPERATION AND REIMBURSEMENT AGREEMENT WITH THE ORANGE REDEVELOPMENT AGENCY RELATING TO REIMBURSEMENT BY THE ORANGE REDEVELOPMENT AGENCY OF THE COST OF A STREET MONUMENT AND ENTRY SIGN ON TUSTIN STREET IN THE VICINITY OF SEBA AVENUE. 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 California 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 California; and WHEREAS, pursuant to the Redevelopment Law, 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 by the adoption of Ordinance No. 21-01 on November 27,2001; 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 install a raised median and entry monument sign on Tustin Street in the vicinity of Seba Avenue. To that end and under the supervision of the Director of Public Works/City Engineer, the Office of the Director of Public Works/ City Engineer has prepared, or caused to be prepared, certain plans and specifications, consisting of nine (9) sheets (herein referred to as the Plans). The Plans are on file as a public record in the Office of the Director of Public Works/City Engineer. The work to be performed under the Plans is 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; and (c) the payment of funds for the Public Improvements will assist in the elimination of one or more blighting inside the Redevelopment Project Area and IS 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 City Council 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; and (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 is consistent with the Agency's adopted Implementation Plan; and WHEREAS, in furtherance of the Redevelopment Plan for the Redevelopment Project Area, the Agency and the City desire to enter into a Cooperation and Reimbursement Agreement in the form presented at the meeting at which this Resolution is adopted (the Agreement) pursuant to which 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 an amount not to exceed Sixty- Five Thousand and NollOO Dollars ($65,000), as more particularly set forth in the Agreement; and WHEREAS, the City Council 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 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 City Council of the City of Orange 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: Section 1. The foregoing recitals are true and correct. Section 2. 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 is consistent with the Agency's adopted Implementation Plan. Section 3. The City Council hereby consents to the undertaking of the Public Improvements in accordance with the Agreement and to that end hereby approves the Plans for the Public Improvements. Section 4. The City Council hereby finds and determines that the terms and provisions of the Agreement between the City and the Agency, in the form as submitted by the City 2 Manager, are approved and that the Mayor is authorized to execute, and the City Clerk to attest, the Agreement on behalf of the City. Section 5. The officers and employees of the City 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 City's obligations, responsibilities and duties to be performed hereunder, and all actions previously taken by such officers and employees in connection with the Agreement and the contract change order for the Public Improvements are ratified and approved. ADOPTED this II th day of September 2007. ATTEST: 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 of the City of Orange at a regular meeting thereof held on the 11th day of September, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None 3