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Resolution 14750CITY OF ALAMEDA RESOLUTION NO. 14750 ELECTING TO RECEIVE A PORTION OF THE TAX INCREMENTS FROM THE EXCHANGE AREA OF THE BUSINESS AND WATERFRONT IMPROVEMENT PROJECT AREA PURSUANT TO HEALTH AND SAFETY CODE SECTION 33607.5 AND ACKNOWLEDGING RECEIPT OF PRIOR PASSTHROUGH PAYMENTS WHEREAS, the City Council of the City of Alameda, California (the "City Council "), adopted Ordinance No. 2559 on June 18, 1991, approving and adopting the Community Improvement Plan for the Business and Waterfront Improvement Project (the " BWIP Plan "); and WHEREAS, on April 1, 2003, the City Council adopted Ordinance No. 2896 amending the BWIP Plan to add certain area formerly located with the Alameda Point Improvement Project, generally known and referred to herein as the "Exchange Area "; and WHEREAS, Section 33607.5(b) of the Health and Safety Code provides that if a redevelopment is adopted prior to January 1, 1994, but is amended to add area after January 1, 1994, the community that adopted the redevelopment project area may elect to receive and the agency shall pay to it an amount equal to the community's proportionate share of 25 percent of the tax increments received by the agency from the area added after January 1, 1994, after the amount required to be deposited in the Low and Moderate Income Housing Fund has been deducted (the "City Election "); and WHEREAS, the City Council has considered and wishes to make the City Election for the Exchange Area portion of the BWIP Plan; and WHEREAS, the City of Alameda elected to receive passthrough payments under Health and Safety Code 33607.5 prior to the effective date of AB1x26 and the City Manager acted upon the resolution such that passthrough payments were received by the City prior to the passage of AB1xc26; and WHEREAS, the prior resolution adopting the passthrough election has not been located and the City of Alameda has therefore been unable to provide the resolution to the County Auditor for the purpose of continuing the receipt of passthrough payments under AB1x26; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALAMEDA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council hereby elects to receive payments pursuant to the City Election from the Exchange Area of the BWIP Plan for each fiscal year in which the Successor Agency to the former Community Improvement Commission of the City of Alameda ( "Successor Agency ") receives tax increment from the Exchange Area. Section 2. The City Council hereby acknowledges the City's receipts of prior passthrough payments and ratifies and confirms the election it previously made to receive passthrough payments under Health and Safety Code section 33607.5; Section 3. The City Clerk is hereby directed and authorized to transmit a copy of this resolution to the tax collector of Alameda County. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by Council of the City of Alameda in special meeting assembled on the 11th day of December, 2012 by the following vote to wit: AYES: Councilmembers deHaan, Johnson, Tam and Mayor Gilmore — 4. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 12th day of December, 2012. Lara Weisiger, City City of Alameda