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r-10647litolit / , City Council Meeting 1 -10 -12 Santa Monica, California RESOLUTION NO. i n647 (CCS) RESOLUTION OF THE CITY OF SANTA MONICA DESIGNATING THE CITY OF SANTA MONICA AS TO SUCCESSOR AGENCY UNDER PART 1.85 OF THE HEALTH AND SAFETY CODE SUBJECT TO RESERVATIONS HEREIN STATED Whereas, the City of Santa Monica formed the Santa Monica Redevelopment Agency ( "Agency "), which has continuously engaged in redevelopment activities under the Community Redevelopment Law (Health and Safety Code sections 33000 et seq.); and Whereas, by enactment of Part 1.85 of the Health and Safety Code, subject to all reservations herein stated, the Agency is subject to dissolution on February 1, 2012 such that the Agency shall be deemed as a former redevelopment agency under Health and Safety Code section 34173(a); and Whereas, Health and Safety Code section 34173(a) designates successor agencies as successor entities to former redevelopment agencies; and Whereas, the City Council of the City of Santa Monica desires to declare itself as the successor agency upon the dissolution of the Agency, subject to all reservations herein stated; and Whereas, the City Council of the City of Santa Monica hereby desires to adopt this Resolution, subject to the express reservation of rights of the City of Santa Monica and Agency under law and /or equity, including without limitation the effectiveness of Assembly Bill No. 26 (2011 -2012 1St Ex. Sess.) ( "AB lx 26 "), collectively, "Laws "; and Whereas, the City Council does not intend, by adoption of this resolution, to waive any constitutional and /or legal rights under law and /or equity, including without limitation the effectiveness of AB lx 26, by virtue of the adoption of this Resolution and, therefore, reserves all of its rights under Laws to challenge the applicability of AB lx 26 to the Agency and /or the City of Santa Monica in any administrative orjudicial proceeding; and Whereas, all other legal prerequisites to the adoption of this Resolution have occurred, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA MONICA AS FOLLOWS: Section 1. The City Council of the City of Santa Monica hereby finds and determines that the foregoing recitals are true and correct. Section 2. Subject to all reservations herein stated, the City of Santa Monica hereby elects to become the successor agency under Health and Safety Code section 34173(a) and implement all duties of successor agencies under Part 1.85 of the Health and Safety Code. Section 3. The City Manager is hereby authorized to administer the responsibilities of the City of Santa Monica under Part 1.85 of the Health and Safety Code. Section 4. The City Clerk shall certify the adoption of this Resolution and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: &" Lvq-&& Mars Jones utrie, City 4orney _Z Adopted and approved this 10th day of January, 2012. Richard Bloom, Mayor I, Denise Anderson - Warren, Acting City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 10647 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 10th day of January, 2012, by the following vote: Ayes: Councilmembers: Holbrook, McKeown, O'Connor, O'Day, Shriver Mayor Pro Tern Davis, Mayor Bloom Noes: Councilmembers: None Absent: Councilmembers: None ATTEST: Denise Anderso - Warren, Actirig City Clerk