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R-001-12 Electing to Become Successor Agency for RDA- Adopted 1.11.2012
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R-001-12 Electing to Become Successor Agency for RDA- Adopted 1.11.2012
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11/11/2020 2:57:01 PM
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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />AB 1X 26 and AB 1X 27, on behalf of cities, counties and redevelopment agencies and requesting a <br />stay of enforcement of AB 1X 26 and AB 1X 27, pending the Supreme Court's determination of the <br />constitutionality of AB 1X 26 and AB 1X 27; and <br />WHEREAS, on August 11, 2011, the Supreme Court issued an order in the Legal <br />Action granting a partial stay of California Health and Safety Code Section 34161 et seq., exclusive <br />of California Health and Safety Code Sections 34161 through 34167 (which prohibit all new <br />redevelopment activity), and a complete stay of California Health and Safety Code Section 34192 et <br />seq., such that the City and the Agency could not pursue new redevelopment activity under the <br />Alternative Voluntary Redevelopment Program (collectively, "Stay"); and <br />WHEREAS, on August 17, 2011, the Supreme Court modified the Stay such that the <br />Stay no longer affected California Health and Safety Code Sections 34167.5 through 34169.5, in <br />addition to California Health and Safety Code Sections 34161 through 34167, or California Health <br />and Safety Code Section 34194(b)(2); and <br />WHEREAS, on December 29, 2011, the Supreme Court issued its final decision in <br />the Legal Action, upholding AB 1X 26, invalidating AB 1X 27, extending all statutory deadlines <br />under Health and Safety Code Sections 34170 through 34191, and dissolving all redevelopment <br />agencies throughout the State of California, effective February 1, 2012; and <br />WHEREAS, AB 1X 26 further provides that, upon their dissolution, any property <br />taxes that would have been allocated to redevelopment agencies will no longer be deemed tax <br />increment, and will be allocated first to successor agencies to make payments on the existing <br />indebtedness of the dissolved redevelopment agencies, with remaining balances allocated in <br />accordance with applicable constitutional and statutory provisions; and <br />WHEREAS, AB 1X 26 provides that the City will be the successor agency to the <br />dissolved Agency, unless the City elects not to act as the successor agency, and that, with certain <br />23604.09000\7208438.2 - 2 - <br />
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