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AgdaPkt 2019-01-14 Joint SA PFA
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AgdaPkt 2019-01-14 Joint SA PFA
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7/23/2019 1:02:35 PM
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1/10/2019 5:38:03 PM
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CC Index
CC Index - Document Type
Agenda Packet
Date
1/14/2019
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6.F. - Page 37 of 47 <br />B. Term. The date of this Agreement is the date on which it is approved by the Department of <br />General Services. The Agreement shall take effect on April 1, 2019. This Agreement shall continue until <br />December 31 next following the expiration date of the City Ordinance, and shall thereafter be renewed <br />automatically from year to year until the Department completes all work necessary to the administration of <br />the City Ordinance and has received and disbursed all payments due under that Ordinance. <br />C. Notice of Repeal of Ordinance. City shall give the Department written notice of the repeal of the <br />City Ordinance not less than 110 days prior to the operative date of the repeal. <br />ARTICLE VI <br />ADMINISTRATION OF TAXES IF THE <br />ORDINANCE IS CHALLENGED AS BEING INVALID <br />A. Impoundment of funds. <br />1. When a legal action is begun challenging the validity of the imposition of the tax, the City shall <br />deposit in an interest-bearing escrow account, any proceeds transmitted to it under Article II. C., until a court <br />of competent jurisdiction renders a final and non -appealable judgment that the tax is valid. <br />2. If the tax is determined to be unconstitutional or otherwise invalid, the City shall transmit to <br />the Department the moneys retained in escrow, including any accumulated interest, within ten days of the <br />judgment of the trial court in the litigation awarding costs and fees becoming final and non -appealable. <br />B. Costs of administration. Should a final judgment be entered in any court of the State of California, <br />holding that City's Ordinance is invalid or void, and requiring a rebate or refund to taxpayers of any taxes <br />collected under the terms of this Agreement, the parties mutually agree that: <br />1. Department may retain all payments made by City to Department to prepare to administer <br />the City Ordinance. <br />2. City will pay to Department and allow Department to retain Department's cost of <br />administering the City Ordinance in the amounts set forth in Article IV of this Agreement. <br />ATTY/AGR/2019.005/ADMINISTRATION AGREEMENT <br />REV: 01-03-19 DZ <br />Page 5 of 6 <br />113 <br />
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