AgdaPkt 2011-10-10 - Laserfiche WebLink

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6.3.A. - Page 3 WHEREAS, on August 11, 2011, the California Supreme Court agreed to hear the petition and issued a partial stay of enforcement of AB 1 X 26 and AB 1 X 27; and WHEREAS, while the City currently intends to make these community remittances, they shall be made under protest and without prejudice to the City's right to recover such amounts and interest thereon, to the extent there is a final determ ination that AB 1 X 26 and AB 1 X 27 are unconstitutional; and WHEREAS, the City reserves the right, regardless of any community remittance made pursuant to this Ordinance, to challenge the legality of AB 1 X 26 and AB 1 X 27; and WHEREAS, to the extent the California Supreme Court stay of the Alternative Voluntary Redevelopment Program's payment obligation of AB 1X 26 and AB 1X 27 remain effective, the City shall not be obligated to make any community remittance for the duration of such injunction, restraint, or stay; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred. NOW, THEREFORE, THE COUNCIL OF THE CITY OF REDWOOD CITY DOES ORDAIN AS FOLLOWS: Section 1. Recitals. The Recitals set forth above are true and correct and incorporated herein by reference. Section 2. Participation in the Alternative Voluntarv Redevelopment Proqram. In accordance with Health and Safety Code Section 34193, and based on the Recitals set forth above, the City Council hereby determines that the City shall complywith the provisions of Part 1.9 of Division 24 of the Health and Safety Code, as enacted by AB 1 X 27. Section 3. Pavment Under Protest. Except as set forth in Section 4, below, the City Council hereby determines that the City shall make the community remittances set forth in Health and Safety Code section 34194 et seq. ATY/ORD.352/RDA Continuation Ordinance 081511 3