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HomeMy WebLinkAbout2012 033 CC RESO ATTACHMENT A RESOLUTION NO. 2012-33 A RESOLUTION OF THE CITY OF BALDWIN PARK PROVIDING A LOAN TO THE SUCCESSOR AGENCY OF THE COMMUNITY DEVELOPMENT COMMISSION TO PAY A PORTION OF THE FISCAL YEAR 2012-2013 ENFORECABLE OBLIGATIONS WHEREAS, On May 2, 2012, the Successor Agency to the Baldwin Park Community Development Commission (the "Successor Agency") approved the FY 2012- 2013 Administrative Budget and on May 8, 2012, the Oversight Board approved the Administrative Budget for FY 2012-2013; and WHEREAS, On May 8, 2012, the second Recognized Obligation Payment Schedule (ROPS) for the Successor Agency for the period of June 30, 2012 through December 31, 2012 was adopted by the Oversight Board; and WHEREAS, AB 1484 Section 34173(h) of the Health and Safety Code authorizes the Successor Agency to borrow money or accept grants for administrative costs, enforceable obligations, or project-related expenses at the city's discretion, but the receipt and use of these funds shall be reflected on the Recognized Obligation Payment Schedule or the administrative budget and therefore are subject to the oversight and approval of the oversight board. An enforceable obligation shall be deemed to be created for the repayment of those loans; WHEREAS, due to timing issues, the Successor Agency is requiring a loan from the City of Baldwin Park to meet its FY 2012-2013 enforceable obligations. WHEREAS, the Fiscal Year 2012-2013 Loan Agreement documenting such loan is attached hereto as Exhibit "A" and by this reference incorporated herein (the "Loan Agreement"). NOW, THEREFORE, BE IT HEREBY RESOLVED, DETERMINED AND ORDERED BY THE CITY OF BALDWIN PARKAS FOLLOWS: SECTION 1. The City agrees to loan the Successor Agency up to $363,058 which is the amount approved in the Administrative Budget by the Successor Agency and the Oversight Board, to cover a portion of the enforceable obligations for FY 2012-2013; SECTION 2. The Successor Agency agrees to repay the loan from property tax received from the County of Los Angeles by June 30, 2013, or as soon as enough property tax monies are made available to the Successor Agency. SECTION 3. The Successor Agency agrees to pay interest to the City of Baldwin Park per annum at rate equal to the California Local Agency Investment Fund (LAIF) annual rate; 1 ATTACHMENT A SECTION 4. The Chief Executive Officer is hereby authorized to execute the Loan Agreement attached hereto as Exhibit "A" and all necessary documents to carry out the purpose and effect of this resolution. PASSED AND ADOPTED this 15th day of AUGUST, 2012 / Manuel Loza,o, ayor ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on August 15, 2012, by the following vote: AYES: COUNCIL MEMBERS: Marlen Garcia, Monica Garcia, Ricardo Pacheco, Mayor Pro Tem Susan Rubio, Mayor Manuel Lozano NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: C• NCIL MEM:ERS: ALEJ• ND- A AVILA CITY CLERK 2