RESOLUTION NO._____
RESOLUTION OF THE CITY OF RIALTO, AS SUCCESSOR AGENCY TO THE DISSOLVED REDEVELOPMENT AGENCY OF THE CITY OF RIALTO, AUTHORIZING THE EXECUTION AND DELIVERY OF AN AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE RIALTO PUBLIC FINANCING AUTHORITY AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, the City of Rialto (the “City”), a municipal corporation organized and existing under and by virtue of the laws of the State of California, and the Redevelopment Agency of the City of Rialto (the “Predecessor Agency”), formerly a public body, corporate and politic organized and existing under and by virtue of the laws of the State of California, entered into that certain Joint Exercise of Powers Agreement dated as of November 1, 1988 (the “Original Agreement”); WHEREAS, on June 28, 2011, the California Legislature enacted Assembly Bill 26 (2011 1st Extraordinary Session) (“ABx1 26”) to, among other things, dissolve existing redevelopment agencies, including the Predecessor Agency; WHEREAS, the California Supreme Court substantially upheld the provisions of ABx1 26 on December 29, 2011, resulting in the dissolution of the Predecessor Agency on February 1, 2012; WHEREAS, the powers, assets and obligations of the Predecessor Agency were transferred on February 1, 2012 to the Successor Agency to the Redevelopment Agency of the City of Rialto (the “Successor Agency”); WHEREAS, under ABx1 26, a joint exercise of powers agreement in which a redevelopment agency is a member of the joint powers authority remained valid and binding on a successor agency, however, the successor agency’s rights, duties, and performance obligations under that joint exercise of powers agreement are limited by the constraints imposed on successor agencies by AB1x 26; WHEREAS, under ABx1 26, the Successor Agency’s rights, duties, and performance obligations will, in the future, wind down pursuant to ABx1 26, and the Successor Agency desires to be replaced as a party to the Original Agreement with the Rialto Housing Authority (the “Housing Authority”), a public corporation formed under the Housing Authorities Law and, as such, a public agency eligible to enter into a joint exercise of powers agreement under the Joint Exercise of Powers Act; WHEREAS, in addition, the City and the Housing Authority desire to revise and modernize provisions in the Original Agreement, which was executed and delivered nearly 35 years ago; WHEREAS, there have been presented at this meeting the proposed form of the Amended and Restated Joint Exercise of Powers Agreement (the “Amended and Restated Agreement”); WHEREAS, the Council of the City, acting as the Successor Agency, has reviewed the form of Amended and Restated Agreement, which document is on file with the Secretary of the Successor Agency; and WHEREAS, all conditions, things and acts required to exist, to have happened and to have been performed precedent to the execution and delivery of the Amended and Restated Agreement as contemplated by this Resolution, exist, have happened and have been performed in due time, form and manner as required by the laws of the State of California, including the Joint Exercise of Powers Act.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIALTO, ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF RIALTO, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
The Council hereby finds and determines that the foregoing recitals are true and correct.
The Amended and Restated Agreement, in substantially the form on file with the Secretary of the Successor Agency and presented to the Council at this meeting, is hereby approved. Any one of the Chair, Vice-Chair, Treasurer or the Executive Director of the Successor Agency, or their respective designees (each, an “Authorized Officer”), is hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver the Amended and Restated Agreement in substantially the form on file, with such revisions, amendments and completions as may be approved by the Authorized Officer executing the same, subject to the provisions of this Resolution, such approval to be conclusively evidenced by the execution and delivery thereof, and the Secretary is hereby authorized to attest to such execution.
Each Authorized Officer, the Secretary and all other officers of the Successor Agency are hereby authorized and directed, for and in the name and on behalf of the Successor Agency, with the concurrence of the City Attorney as legal counsel to the Successor Agency (the “Agency Attorney”), to do any and all things and take any and all other actions, including the publication of any notices necessary or desirable in connection with the Amended and Restated Agreement, and execution and delivery of any and all assignments, certificates, requisitions, agreements, notices, consents, instruments, terminations, warrants and other documents, which they, or any of them, deem necessary or advisable to consummate the lawful execution and delivery of the Amended and Restated Agreement.
All actions heretofore taken by any Authorized Officer or any officer, employee or agent of the Successor Agency with respect to the execution and delivery of the Amended and Restated Agreement or in connection with or related to any of the documents referred to herein, are hereby approved, confirmed and ratified.
This Resolution shall become effective immediately upon adoption.
The Secretary shall certify to the adoption of this Resolution. Notwithstanding the foregoing, such certification and any of the other duties and responsibilities assigned to the Secretary pursuant to this Resolution may be performed by a Deputy Secretary with the same force and effect as if performed by the Secretary hereunder. \\\\
PASSED APPROVED AND ADOPTED this 10th day of October, 2023. _______________________________
DEBORAH ROBERTSON, Chair
ATTEST:
______________________________
BARBARA McGEE, Secretary
APPROVED AS TO FORM:
______________________________
ERIC VAIL, Agency Attorney
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, Barbara McGee, Secretary of the Successor Agency to the Redevelopment Agency of the City of Rialto, do hereby certify that the foregoing Resolution No.____ was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the 10th day of October, 2023.
Upon motion of Board Member ____________, seconded by Board Member ____________, the foregoing Resolution No. ____ was duly passed and adopted.
Vote on the motion:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto this 10th day of October, 2023. ____________________________________
BARBARA McGEE, SECRETARY
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