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HomeMy WebLinkAbout078-2011RESOLUTION NO. 78-2011 EXPRESSING THE TOWN OF DANVILLE'S INTENT TO SERVE AS THE SUCCESSOR AGENCY OF THE COMMUNITY DEVELOPMENT AGENCY OF THE TOWN OF DANVILLE PURSUANT TO HEALTH AND SAFETY CODE SECTION 34171(j) AND SECTION 34173 AND TO ELECT TO RETAIN THE HOUSING ASSETS AND FUNCTIONS PREVIOUSLY PERFORMED BY THE AGENCY PURSUANT TO HEALTH AND SAFETY CODE SECTION 34176 SHOULD THE AGENCY BE DISSOLVED WHEREAS, Assembly Bill x1 26 (the "Dissolution Act ") and Assembly Bill x1 27 (the "Voluntary Program Act ") have been enacted to significantly modify the Community Redevelopment Law (Health & Safety Code §§ 33000, et seq .; the "Redevelopment Law "); and WHEREAS, the Dissolution Act, through the addition of Part 1.8 to the Redevelopment Law, has suspended all new redevelopment activities and incurrence of indebtedness as of its effective date, and through the addition of Part 1.85 to the Redevelopment Law ( "Part 1.85 "), will dissolve redevelopment agencies on October 1, 2011; and WHEREAS, under the Voluntary Program Act, through the addition of Part 1.9 to the Redevelopment Law, the Community Development Agency of the Town of Danville (the "Agency ") can avoid dissolution under the Dissolution Act if the Town of Danville (the "Town ") elects to opt into an alternative voluntary redevelopment program requiring specified annual remittances to local school and special districts; and WHEREAS, the Town and the Agency are considering whether to opt into the alternative voluntary redevelopment program under the Voluntary Program Act, or to have the Agency be dissolved pursuant to the Dissolution Act; and WHEREAS, Section 341710) and Section 34173 of the Redevelopment Law (as added by Part 1.85) provide that, unless elected otherwise, the Town, having authorized the creation of the Agency, shall be the "successor agency" to the Agency should the Agency be dissolved pursuant to the Dissolution Act; and WHEREAS, Section 34176 of the Redevelopment Law (as added by Part 1.85) provides that the Town, having authorized the creation of the Agency, may elect to retain the housing assets and functions previously performed by the Agency; and WHEREAS, should the Agency be dissolved, the Town intends to, and shall serve as, the successor agency for the Agency in accordance with Section 341710) and Section 34173 of the Redevelopment Law (as added by Part 1.85); and WHEREAS, should the Agency be dissolved, the Town desires to elect to retain the housing assets and functions previously performed by the Agency in accordance with Section 34176 of the Redevelopment Law (as added by Part 1.85); now, therefore, be it RESOLVED, that should the Agency be dissolved, the Town hereby accepts the designation, and hereby declares its intent, to serve as the successor agency for the Agency in accordance with Section 341710) and Section 34173 of the Redevelopment Law (as added by Part 1.85); and, be it further RESOLVED, that should the Agency be dissolved, the Town hereby elects to retain the housing assets and functions previously performed by the Agency in accordance with Section 34176 of the Redevelopment Law (as added by Part 1.85); and, be it further RESOLVED, that the Town Manager, or the Town Manager's designee, is hereby authorized to file a copy of this resolution with the County Auditor - Controller in accordance with Part 1.85; and, be it further RESOLVED, that the Town Manager, or the Town Manager's designee, is hereby authorized to take such additional actions, and to execute all documents necessary and appropriate, for the Town to obtain the housing assets of the Agency pursuant to Section 34176 of the Redevelopment Law (as added by Part 1.85); and, be it further RESOLVED, that this Resolution shall take immediate effect upon its passage; provided, however, that this Resolution shall no longer be effective should the Town Council enact the ordinance to comply with the Voluntary Program Act pursuant to Section 34193 of the Redevelopment Law (as added by Part 1.9), thereby avoiding dissolution of the Agency. APPROVED by the Danville Town Council at a regular meeting on August 9, 2011, by the following vote: AYES: Stepper, Andersen, Arnerich, Doyle, Storer NOES: None ABSTAINED: None ABSENT: None APPROVED AS TO FORM: CITY ATTORNEY AY ATTEST: CITY PAGE 2 OF RESOLUTION NO. 78 -2011