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HomeMy WebLinkAboutROPs - Exhibit A ResolutionRESOLUTION NO. OB-2017-___ A RESOLUTION OF THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING THE AMENDED RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 17-18B) FOR JANUARY 1, 2018 THROUGH JUNE 30, 2018 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 (the “Agency”) in accordance with the California Health & Safety Code; and, WHEREAS, Senate Bill (SB) 107, enacted in September 2016, added Health & Safety Code (“HSC”) Section 34177(o) requiring 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 34171 for twelve month periods, including July 2017 through June 2018; and, WHEREAS, SB 107 permits an amended ROPS 17-18B for the period January 1, 2018 through June 30, 2018 to be submitted to the Department of Finance and the State Controller’s office, after approval by the Oversight Board, no later than October 2, 2017 or be subject to penalties; and, WHEREAS, HSC Section 34177.7(o)(1)(E), permits an Amended ROPS 17-18B provided that the Oversight Board makes a finding that a revision to the ROPS is necessary for the payment of approved enforceable obligations during the ROPS 17-18B period, and, WHEREAS, on September 26 2017, the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore will consider the Amended Recognized Obligation Payment Schedule 17-18B for the period January 1, 2018 through June 30, 2018; and, WHEREAS, the Oversight Board desires to make a finding that a revision to ROPS 17- 18 is necessary for the payment of enforceable obligations during the second half of the ROPS period and, subject to the approval by the Successor Agency, to approve the Amended Recognized Obligation Payment Schedule (ROPS 17-18B) for January 1, 2018 through June 30, 2018, in the form attached as Exhibit A; 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. The Oversight Board hereby approves the Schedule attached hereto as Exhibit A as the Amended Recognized Obligation Payment Schedule 17-18B for the period January 1, 2018 through June 30, 2018 subject to the approval thereof by the Successor Resolution No. OB-2017-___ Page 2 of 4 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. The Oversight Board finds that a revision to the ROPS is necessary for the payment of enforceable obligations during the second half of the ROPS period, January 1, 2018 through June 30, 2018. 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 5. Pursuant to Health and Safety Code Section 34179(h), this Resolution shall be effective five (5) business days after proper notification hereof is given to the California Department of Finance unless the California Department of Finance requests a review of the actions taken in this Resolution, in which case this Resolution will be effective upon approval by the California Department of Finance. PASSED, APPROVED AND ADOPTED by the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore, California, this 18th day of September, 2017. Genie Kelley, Chair ATTEST: Susan M. Domen, MMC Oversight Board Secretary Resolution No. OB-2017-___ Page 3 of 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Susan M. Domen, MMC, Secretary of the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore, California, hereby certify that Resolution No. OB - 2017- was adopted by the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore at a Regular meeting held on the 18th day of September, 2017 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Susan M. Domen, MMC, Oversight Board Secretary EXHIBIT A AMENDED ROPS 17-18B [attached]