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Resolution No. 5724 1 2 RESOLUTION NO. 5724 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ESTABLISHING THE REDEVELOPMENT REVOLVING FUND 3 4 WHEREAS, Heal th and Safety Code section 33620 5 6 authorizes the legislative body of the city to establish a Redevelopment Revolving Fund to be kept in the treasury of the city; and 7 8 WHEREAS, Health and Safety Code section 33623 provides 9 10 11 12 that, by resolution of the legislative body adopted by a two- thirds vote, any money in the Redevelopment Revolving Fund may be paid to the Redevelopment Agency of the City of Vernon (hereinafter "Agency"), upon such terms and conditions as the 13 legislative body may prescribe for any of the following 14 purposes: 15 (a) Deposi t in a trust fund to be expended for the 16 acquisition of real property in any project area. 17 18 (b) The clearance of any proj ect area for redevelopment. 19 (c) Any expenses necessary or incidental to the 20 21 carrying out of a redevelopment plan which has been adopted by the legislative body; and 22 WHEREAS, at this time, the necessary funds are not 23 otherwise available to the Agency for the purpose of acquiring real property in any project area other than through those monies which may be loaned by the City of Vernon (hereinafter "City") to the Agency pursuant to Health and Safety Code section 24 25 26 27 28 33620, et seq.; and III 1 2 3 4 5 6 7 WHEREAS, the City deems it advisable to loan to the Agency such funds as may be necessary, from time to time, to acquire real property in the project area and to perform those other functions authorized by Health and Safety Code section 33623. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: The City Council of the City hereby finds the recitals contained hereinabove are true 8 SECTION 1: 9 and determines that 10 and correct. 11 SECTION 2 : 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The City Council of the city hereby establishes the Redevelopment Revolving Fund to be kept in the treasury of the City and agrees to advance sums from time to time as necessary for the Agency to acquire real property in the project area or for other purposes authorized by Health and Safety Code section 33623. All funds appropriated to the Redevelopment Revolving Fund shall be authorized and approved by a duly adopted resolution of the City Council. All funds withdrawn from the Redevelopment Revolving Fund for use by Agency shall be authorized and approved by a duly adopted resolution of the City Council and documented in a loan agreement duly executed by City and Agency. SECTION 3: The sums as may be advanced to the Agency from the Redevelopment Revolving Fund from time to time shall bear interest at a rate of interest per annum equal to ten percent (10%). Such interest payable on the sums so advanced shall accrue and be added to the principal amount of the -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 advance, and all such amounts shall bear interest at said rate and shall compound annually until repaid by the Agency to the city. All payments of tax increment revenues pursuant to Health and Safety Code Section 33670 in whole or in part, for the repayment of the obligations of the Agency shall first be applied to the accrued and unpaid interest, and any additional amounts of tax increment revenues thereafter remaining shall be applied to the outstanding principal balance thereof. SECTION 4: Any advance from the City to the Agency out of the Redevelopment Revolving Fund may be repaid from time to time, in whole or in part and at the option of the Agency, solely from the tax increment revenues, if any, if and when tax increment revenues shall be available and paid to the Agency for such purpose pursuant to Health and Safety Code section 33670(b). SECTION 5: The City hereby agrees that any repayment obligation of the Agency with respect to any advance or payment from the Redevelopment Revolving Fund with respect to property acquisition as may hereafter be approved and funded by the City from time to time shall at all times be subordinated to any and all other outstanding, or as hereafter may be outstanding, bonds, notes or other forms of indebtedness payable in whole or in part from the tax increment revenues of the Agency and shall not constitute a prior lien as to either the tax increment revenues received by the Agency or any other legally available funds of the Agency. III -3- 1 Each advance from the Redevelopment SECTION 6: 2 Revolving Fund to the Agency shall be acknowledged by an 3 agreement between the City and the Agency reflecting, inter 4 alia, that all amounts which may be advanced to the Agency from 5 6 the Redevelopment Revolving Fund shall be considered as an indebtedness of the Agency as the same is intended for purposes 7 of the filing of a statement of Indebtedness with the County of 8 Los Angeles pursuant to Health and Safety Code section 33675. 9 10 11 12 The repayment obligation of the Agency shall be made from the legally available tax increment revenues of the Agency and any other funds of the Agency, if any, and at the option of the Agency, legally available therefor. 13 SECTION 7: The city Clerk of the City of Vernon shall certify to the passage of this resolution and thereupon and 14 15 16 17 18 19 thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 6th day of March, 1990. ./4~ MALKENHORST, City Clerk ~~~ ~ ~()NIS C. MA URG, ay~r ATTEST: d 20 21 BRUCE V. 22 23 24 25 26 27 28 -4- 1 STATE OF CALIFORNIA ) )ss COUNTY OF LOS ANGELES ) 2 3 I, BRUCE V. MALKENHORST, City Clerk of the City of 4 Vernon, do hereby certify that the foregoing Resolution, being 5 Resolution No. 5724, was duly adopted by the City Council of the ci ty of Vernon at a regular meeting of the city Council duly 6 7 8 held on Tuesday, March 6. 1990. and thereafter duly signed by the Mayor of the City of Vernon. 9 10 11 12 ( SEAL) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5- /f BRUCE V. MALKENHORST,