HomeMy WebLinkAboutResolution - 1458 i
1 RESOLUTION NO. 1458
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO APPROVING AND AUTHORIZING THE EXECUTION OF
3 AN AGREEMENT BY AND BETWEEN THE SAN JACINTO REDEVELOP-
MENT AGENCY AUTHORIZING THE CITY TO ADVANCE FUNDS TO
4 THE AGENCY FOR THE FORMULATION OF A REDEVELOPMENT
PROGRAM, PROJECT AREA(S) , AND PLAN(S)
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6 WHEREAS, the City of San Jacinto created the San Jacinto Redevelopment
7 Agency on May 4th; 1982, by Ordinance No. 725 and have by Resolution No. 1457,
g designated the San Jacinto Redevelopment Survey Area, and
g WHEREAS, in order to undertake the necessary procedural and administrative
10 steps to formulate and adopt a Redevelopment Plan(s) and Project'Area(s) , it is
11 necessary for the Redevelopment Agency to request an advance of funds and enter
12 into an agreement with the City Council and the City of San Jacinto under cer-
13 tain items and conditions, and
14 WHEREAS, the Cooperative Agreement has been entered into by and between
15 the San Jacinto Redevelopment Agency and the City Council of the City of San
16 Jacinto on October 7th, 1982, to effectuate the City's redevelopment program; an
17 WHEREAS, the City Council of the City of San Jacinto is in receipt of a
18 request for an advance of funds pursuant to an agreement setting forth specific
19 Iterms and conditions ,.
20 I NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL
21 OF THE CITY OF SAN JACINTO, AS FOLLOWS:
22 Section 1 . An agreement hereinafter referred to as the "Fund Advance
23 Agreement No. 1 " is hereby approved as'set forth in Attachment "A" in order for
24 the City Council of the City of San Jacinto to advance funds under terms and
25 conditions therein stated.
26 Section 2. The Mayor is hereby authorized and directed to enter into this
27 Fund Advance Agreement No. 1 with the San Jacinto Redevelopment Agency on
28 1 behalf of the City Council of the City of San Jac` o as outlined
29 1 PASSED, APPROVED, AND ADOPTED this 7th day of 0 to'ber 1982.
30 ! ATTEST:
Margar t McLean City Clerk
31 .�._�
a
By(, �L � ayor
32 Deputy
1 CERTIFICATE
2 The foregoing is certified to be a true copy of Resolution No. 1458 duly
3 adopted by the said City. Council of the City of San Jacinto on the date therein
4 set forth.
5 MAR GA E1 McLEAN ITY CLERK
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De "y
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FUND ADVANCE AGREEMENT #1
ATTACHMENT A
AN AGREEMENT BETWEEN THE CITY OF SAN JACINTO AND THE SAN
JACINTO REDEVELOPMENT AGENCY RELATIVE TO THE ADVANCE OF
FUNDS FOR THE FOI2UIULATION OF A REDEVELOPMENT PLAN(S) AND
PROJECT AREA(S) AND THE UNDERTAKING OF REDEVELOPMENT
AGENCY ADMINISTRATIVE ACTIVITIES
THIS AGREEMENT is entered into this 7th day of October , 1982 by and
between the CITY OF SAN JACINTO, a municipal corporation (herein "City") and
the SAN JACINTO REDEVELOPMENT AGENCY, a public entity authorized to transact
business pursuant to the provisions of Section 33000 et. seq. of the Cali-
fornia Health and Safety Code (herein "Agency").
R E C I T A L S
1 . Creation: On May 4th , 1982, the City adopted Ordinance No. 725
captioned:
ORDINANCE NO. 725
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, CALIFORNIA DECLARING THE NEED FOR A REDEVELOP-
MENT AGENCY TO FUNCTION IN THE CITY OF SAN JACINTO AND
DECLARING THE CITY COUNCIL TO BE THE REDEVELOPMENT AGENCY
FOR THE CITY OF SAN JACINTO.
2. Agency Responsibility: This Ordinance vests the Agency with the
responsibility and purpose to exercise the powers of the Community Redevelop-
ment Law pursuant to Section 33000 et. seq. of the California Health and
Safety Code.
3, Need for a Redevelopment Program: The City Council and the Rede-
velopment Agency have found and concluded that redevelopment in the City of
San Jacinto is a viable procedural and financial mechanism to eliminate and/
or mitigate existing and potential physical , social and economic blight
through community improvement and enhancement and further concluded that
the City of San Jacinto does not presently have the financial resources to
pursue community improvement and enhancement programs aimed at the elimina-
tion of this blight.
4. Advance of Funds. The City and Agency desire to enter into an
Agreement wherein the City will advance funds to the Agency for payment of
expenses incurred by the Agency for expenses associated with the planning,
formulation, adoption and execution of one or more redevelopment plans and
project areas in the City of San Jacinto.
NOW, THEREFORE, in consideration by the parties of the covenants and
conditions herein contained, the City and Agency agree as follows:
Section 1 , It is necessary and desirable that the San Jacinto Redevelop-
ment Agency immediately proceed with the adoption of a Redevelopment Plan(s)
and Project Area(s) consistent with the provisions of the California Commun-
ity Redevelopment Law,
Section 2. The City agrees to advance a sum not to exceed $50,000 to
formulate and prepare one or more redevelopment plans and project areas in
accordance with Work Order dated October 8th, 1982, with Willdan Associates .
Section 3. The City will advance, with prior review and approval of the
City Council , other funds deemed necessary and required by the Agency to
facilitate and expedite the approval , adoption, and implementation of the
redevelopment program. Said expenses may include, but are not limited to,
legal services, special reports, public hearings, and general administration.
Section 4. Pursuant to Cooperative Agreement between the City and the
Agency dated October 7th, 1982, the Agency agrees to reimburse the City for
the advance of the aforementioned funds from whatever revenue the Agency
possesses, or is entitled to, including future tax increment funds allocated
to the Agency pursuant to Section 33670 (b) of the California Health and
Safety Code when said funds are available. The Agency agrees to reimburse
the City not only for the advance, but in addition, the Agency agrees to pay
to the City the interest which the Agency receives on the moneys which the
City transfers to the Agency while such funds are invested by it. The Agency
further agrees to pay interest to the City at the rate of twelve percent (12%)
per annum on the moneys which the Agency expends for authorized purposes.
Section 5. The Agency shall keep such accounting records as will enable
the City and the Agency to determine the actual costs incurred and/or moneys
advanced in association with pursuing the redevelopment program and the form-
ulation of the redevelopment plan and project area.
Section 6. This document has been authorized to be executed by action
taken by the San Jacinto City Council on October 7th, 1982 by Resolution No.
1458, and by the San Jacinto Redevelopment Agency on October 7th, 19 82 by Reso-
lution No. RDA-82-3.
Section 7. If any portion or section of this agreement is declared to
be unconstitutional or violative of the California Community Redevelopment
Law or other applicable laws of the State of California, then only that
section or portion shall be stricken as agreed upon by both parties. Such
determination of unconstitutionality or infeasibility shall not affect the
remainder of the agreement.
IN WITNESS WHEREOF, the parties hereto have executed this document as of
the date first above written.
CITY OF SAWN JA I NT t
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By
Mayor
ATTEST:
Margare ' McLean
BY
Deputy Ci y Clerk
BY _
City Attorney
SAN JACINTO REpEVELOPMENT AGENCY
BY
Chairman
ATTEST:
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feta ry
San Jacinto Redevelopment Agency
BY
Redevelopment General Counsel