HomeMy WebLinkAboutOB Reso No 2012-009RESOLUTION NO. OB-2012-009
A RESOLUTION OF THE OVERSIGHT BOARD TO THE
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF
THE CITY OF LAKE ELSINORE APPROVING THE SECOND
AMENDED RECOGNIZED OBLIGATION PAYMENT SCHEDULE
(ROPS) FOR THE PERIOD OF JANUARY 2012 THROUGH JUNE
2012 AND FIRST AMENDED RECOGNIZED OBLIGATION
PAYMENT SCHEDULE FOR THE PERIOD OF JULY 2012
THROUGH DECEMBER 2012, SUBJECT TO ADOPTION BY THE
SUCCESSOR AGENCY
WHEREAS, the Oversight Board to the Successor Agency of the Redevelopment
Agency of the City of Lake Elsinore ("Oversight Board") has been established to direct
the Successor Agency to take certain actions to wind down the affairs of the former
Redevelopment Agency of the City of Lake Elsinore in accordance with the California
Health and Safety Code; and
WHEREAS, Health and Safety Code Section 34169 requires the Successor
Agency to prepare and adopt a "Recognized Obligation Payment Schedule" that lists all
obligations of the former redevelopment agency that are enforceable within the meaning
of subdivision (d) of Section 34167 for six month periods including January 2012
through June 2012 and July 2012 through December 2012; and
WHEREAS, on April 10, 2012, the Oversight Board adopted Resolution No. OB
2012-005 approving a Recognized Obligation Payment Schedule for the period of
January 2012 through June 2012 and a First Amended Recognized Obligation Payment
Schedule for the period of January 2012 through June 2012; and
WHEREAS, on May 8, 2012, the Oversight Board adopted Resolution No. OB
2012-008 approving a Recognized Obligation Payment Schedule for the period of July
2012 through December 2012; and
WHEREAS, on May 24, 2012, the Department of Finance approved both the
Recognized Obligation Payment Schedule for the period January 2012 through June
2012 including hand-written corrections submitted by the Director of Administrative
Services and the Recognized Obligation Payment Schedule for the period of July 2012
through December 2012; and
WHEREAS, the Oversight Board desires to approve a Second Amended
Recognized Obligation Payment Schedule for the period January 2012 through June
2012 to incorporate the corrections approved by the Department of Finance and a First
Amended Recognized Obligation Payment Schedule for the period of July 2012 through
December 2012 to correct mathematical errors in the column marked "Total Due During
Fiscal Year 2012-2013" to reflect the full fiscal year obligations; and
Oversight Board Resolution No. 2012-009
WHEREAS, on June 12, 2012, the Successor Agency of the Redevelopment
Agency of the City of Lake Elsinore will consider adoption of the Second Amended
Recognized Obligation Payment Schedule for the period of January 2012 through June
2012 incorporating the changes approved by the Department of Finance and a First
Amended Recognized Obligation Payment Schedule for the period of July 2012 through
December 2012 correcting certain mathematical errors; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, THE OVERSIGHT BOARD TO THE SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The Recitals set forth above are true and correct and incorporated
herein by reference.
SECTION 2. In order to enable the City of Lake Elsinore, as Successor Agency
to strictly comply with AB X1 26, and based on the Recitals set forth above, the
Oversight Board hereby approves (i) the Schedule attached hereto as Exhibit A as the
Second Amended Recognized Obligation Payment Schedule for January 2012 through
June 2012, which such amended version is approved subject to the adoption thereof by
the Successor Agency; and (ii) the Schedule attached hereto as Exhibit B as the First
Amended Recognized Obligation Payment Schedule for July 2012 through December
2012, which such amended version is approved subject to the adoption thereof by the
Successor Agency. Pursuant to Health & Safety Code Section 34173, the Successor
Agency's liability, including, but not limited to, its liability for the obligations on the
attached schedule is limited to the total sum of property tax revenues it receives
pursuant to Part 1.85 of AB X1 26.
SECTION 3. Pursuant to Health & Safety Code Section 34180(g), the Oversight
Board hereby establishes the Recognized Obligation Payment Schedule (ROPS), for
the period of January 2012 through June 2012, as the Second Amended Recognized
Obligation Payment Schedule and the Recognized Obligation Payment Schedule
(ROPS for the period of July 2012 through December 2012, as the First Amended
Recognized Obligation Payment Schedule.
SECTION 4. If any provision of this Resolution or the application thereof to any
person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications of this Resolution which can be given effect without the invalid provision or
application, and to this end the provisions of this resolution are severable. The
Oversight Board hereby declares that it would have adopted this Resolution irrespective
of the invalidity of any particular portion thereof.
SECTION 6. This Resolution shall take effect from and after the date of its
passage and adoption.
Oversight Board Resolution No. 2012-009
PASSED, APPROVED AND ADOPTED at a regular meeting of the Oversight
Board to the Successor Agency of the Redevelopment Agency of the City of Lake
Elsinore, held this 12th day of June, 2012.
BRIAN DAL
CHAIRMAN
A
SECRETARY
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS
CITY OF LAKE ELSINORE )
I, Virginia Bloom, Secretary of the Oversight Board to the Successor Agency of the
Redevelopment Agency, hereby certify that Resolution No. 2012-009 was adopted by
Oversight Board to the Successor Agency of the Redevelopment Agency, at a regular
meeting held on the 12th day of June, 2012, and that the same was adopted by the following
vote:
AYES: SHULTZ, KELLEY, CARLSON, LILLIBRIDGE, OSTER, TISDALE AND
WILLIAMS
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
VIRGINI J. BLO M
OVERSI T BO D SECRETARY