O-003-11 - Alternative Voluntary RDA Program

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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 Section 3. Participation in the Alternative Voluntary Redevelopment Program. If and when all or any portion of California Health and Safety Code Sections 34161, et seq., is determined by a court of competent jurisdiction to be constitutional in a manner that suspends the Agency's redevelopment activities or dissolves or will dissolve the Agency and the Alternative Voluntary Redevelopment Program, pursuant to California Health and Safety Code Sections 34192, et seq., goes back into effect, the City Council hereby determines that the City will participate in the Alternative Voluntary Redevelopment Program for Fiscal Year 2011-2012 and subsequent fiscal years and pay the Community Remittance amounts payable pursuant to California Health and Safety Code Section 34194, subject to annual City budget appropriations and the City Council's reserved legislative discretion and other rights. The City's participation in the Alternative Voluntary Redevelopment Program, including all Community Remittance payments made related to such program, shall be under protest, subject to the City's reserved rights and without prejudice to the City's reserved legislative discretion to repeal this Ordinance and not participate in the Alternative Voluntary Redevelopment Program and/or right to recover any or all amounts of Community Remittance payments and interest on the amounts of such payments in the future, if all or any portion of California Health and Safety Code Sections 34161, et seq., or California Health and Safety Code Sections 34192, et seq., are determined by a court of competent jurisdiction to be unconstitutional, illegal, invalid or otherwise unenforceable or inapplicable, for any reason or in any manner. Section 4. Statement of Additional Intent. The intent of the City Council is that, if and when all or any portion of California Health and Safety Code Sections 34161, et seq., is determined by a court of competent jurisdiction to be constitutional in a manner that suspends the Agency's redevelopment activities or dissolves or will dissolve the Agency, the Alternative Voluntary Redevelopment Program, pursuant to California Health and Safety Code Sections 34192, et seq., goes back into effect and the Agency is again authorized to enter into agreements under the California Community Redevelopment Law, the City will enter into an agreement with the Agency, as authorized pursuant to California Health and Safety Code Section 34194.2, whereby the Agency will transfer a portion of the Agency's annual tax increment revenue for each fiscal year to the City in amounts not to exceed the annual Community Remittance payments payable by the City for such fiscal year to enable the City, directly or indirectly, to make the annual Community Remittance payments for such fiscal year. The City Council does not intend, by enactment of this Ordinance, to pledge any of the City's general fund revenues or assets to make any Community Remittance payments. Section 5. Effect of Stay; Reservation of Rights on Invalidity of Law. The City's participation in the Alternative Voluntary Redevelopment Program pursuant to this Ordinance is subject to the Stay and the future determination by a court of competent jurisdiction that all or any portion of California Health and Safety Code Sections 34161, et seq., is constitutional in a manner that suspends the Agency's redevelopment activities or dissolves or will dissolve the Agency, and reinstatement of the Alternative Voluntary Redevelopment Program, pursuant to California Health and Safety Code Sections 34192, et seq. The City shall not make any Community Remittance payments, unless and until all such conditions are satisfied. Further, if all or any portion of California Health and Safety Code Sections 34161, et seq., or California Health and Safety Code Sections 34192, et seq., are determined by a court of competent jurisdiction to be unconstitutional, illegal, invalid or otherwise unenforceable or inapplicable, for any reason or in any manner that allows the Agency to continue its operations and redevelopment activities in a manner acceptable to the n