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<br />City Council, without the City's participation in the Alternative Voluntary Redevelopment
<br />Program, and all appeals of such court determination are exhausted or unsuccessful, or the
<br />time for filing an appeal of such court determination has lapsed, the City Council reserves its
<br />right and legislative discretion to repeal this Ordinance and not participate in the Alternative
<br />Voluntary Redevelopment Program.
<br />Section 6. Reservation of Rights to Challenge Law. Notwithstanding the other
<br />provisions of this Ordinance or any Community Remittance payments made by the City
<br />pursuant to the Alternative Voluntary Redevelopment Program, the City reserves all right and
<br />legislative discretion to repeal this Ordinance and not participate in the Alternative Voluntary
<br />Redevelopment Program and/or challenge the constitutionality, legality, validity,
<br />enforceability or applicability of all or any portion of California Health and Safety Code
<br />Sections 34161, et seg., California Health and Safety Code Sections 34192, et seq., and/or
<br />related statutes. The City contends that all or a portion of California Health and Safety Code
<br />Sections 34161, et seq., California Health and Safety Code Sections 34192, et seq., and/or
<br />related statutes are unconstitutional, illegal, invalid, unenforceable or inapplicable regarding
<br />the City and/or the Agency. Neither the adoption of this Ordinance, nor references to
<br />California Health and Safety Code Sections 34161, et seq., California Health and Safety Code
<br />Sections 34192, et seq., and/or related statutes in this Ordinance, nor the payment of any
<br />Community Remittance payments pursuant to California Health and Safety Code Sections
<br />34192, et seq., are intended to be an acknowledgment, admission or waiver of rights by the
<br />City regarding the constitutionality, legality, validity, enforceability or applicability of all or
<br />any portion of California Health and Safety Code Sections 34161, et seq., California Health
<br />and Safety Code Sections 34192, et seq., and/or any related statutes.
<br />Section 7. Implementation. The City Council hereby authorizes and directs the
<br />City Manager, on behalf of the City, to take any and all action and make or enter into any and
<br />all documents or agreements necessary to implement this Ordinance, including notifying the
<br />County of San Bernardino Auditor -Controller, the Controller of the State of California, and
<br />the State of California Department of Finance of the adoption of this Ordinance and the City's
<br />participation in the Alternative Voluntary Redevelopment Program, and if and when all or any
<br />portion of California Health and Safety Code Sections 34161, et seq., is determined by a court
<br />of competent jurisdiction to be constitutional in a manner that suspends the Agency's
<br />redevelopment activities or dissolves or will dissolve the Agency and the Alternative
<br />Voluntary Redevelopment Program, pursuant to California Health and Safety Code Sections
<br />34192, et seq., goes back into effect, making Community Remittance payments pursuant to
<br />California Health and Safety Code Sections 34192, et seq., appealing the determination of the
<br />amounts of such payments and entering into an agreement with the Agency to advance or
<br />reimburse the City the amount of any and all such Community Remittance payments paid by
<br />the City, all subject to the conditions and reservations in this Ordinance.
<br />Section 8. Custodian of Records. The documents and materials constituting the
<br />record of proceedings on which the findings contained in this Ordinance are based are located
<br />at the City Clerk's office located at 650 North La Cadena Drive, Colton, California. The
<br />custodian for these records is the City Clerk of the City of Colton.
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