HomeMy WebLinkAboutRES NO 011-12Oil- 12
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD DETERMINING THAT THE CITY OF
BAKERSFIELD SHALL RETAIN THE HOUSING ASSETS AND
FUNCTIONS OF THE DISSOLVED BAKERSFIELD
REDEVELOPMENT AGENCY PURSUANT TO HEALTH AND
SAFETY CODE § 34176
WHEREAS, the Redevelopment Agency of the City of Bakersfield
("Redevelopment Agency") is a public body, corporate and politic, organized
and existing under the California Community Redevelopment Law (Health &
Safety Code 33000 et seq.); and
WHEREAS, the City of Bakersfield is a municipal corporation and a Charter
City organized and existing under the Constitution of the State of California
("City"); and
WHEREAS, on December 29, 2011, the California Supreme Court issued its
opinion in the case California Redevelopment Association, et al. v. Ana
Matosantos, etc., et al„ Case No. S196861, and upheld the validity of Assembly
Bill 1 x26 ("AB1 x26") and invalidated Assembly Bill 1 x27; and
WHEREAS, the Court's decision results in the implementation of AB1x26
which dissolves all the redevelopment agencies in the State of California as of
February 1, 2012; and
WHEREAS, pursuant to a provision of AB1 x26, codified as Health and Safety
Code Section 34176, the city, in the case of a redevelopment agency of a city,
may elect to retain the housing assets and functions of the dissolved
redevelopment agency; and
WHEREAS, the City Council of the City (Council), having considered the
matter, has determined, in its legislative discretion, that it is in the best interests of
the City for the City to retain the housing assets and functions of the dissolved
Redevelopment Agency.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield
as follows:
1, The Council finds and determines that the foregoing recitals are
true and correct and incorporated herein.
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2. The Council hereby affirmatively determines that the City of
Bakersfield elects to, and shall, retain the housing assets and functions of the
dissolved Redevelopment Agency of the City of Bakersfield.
3. The City Manager and his authorized designees are hereby
authorized and directed to take all such other and further actions and sign such
other and further documents as is necessary and proper to implement this
Resolution on behalf of the City.
4. The City Clerk shall file a certified copy of this Resolution with the
Kern County Auditor-Controller not later than 5:00 p.m. on January 13, 2012.
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HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
JAN 11 2012 , by the following vote:
AYES;, COUNCILMEMBER BENHAM COkld, HANSON,3OkAStASALAS, SULLIVAN, WEIR
COUNCILMEMBER
ABSTAIN: COUNCILMEMBER ~~✓M4-
ABSENT: COUNCILMEMBER~
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ROBERTA GAFFORD, C
CITY CLERK and Ex i io Clerk of the
Council of the City of Bakersfield
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
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JOSHUA H. RUDNICK
Deputy City Attorney II
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APPROVED JAN 1 1 2012