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12/03/2012 <br /> the tax increments received by the agency after the amount required to be deposited in <br /> the Low and Moderate Income Housing Fund has been deducted (the "City Election"); <br /> and <br /> WHEREAS, as part of the 2011-2012 State budget bill, the California Legislature <br /> enacted, and the Governor signed, companion bills AB X1 26 and AB X1 27, requiring <br /> that each redevelopment agency be dissolved as of October 1, 2011, unless the <br /> community that created it enacts an ordinance committing it to making certain <br /> payments; and <br /> WHEREAS, a Petition for Writ of Mandate was filed in the Supreme Court of the <br /> State of California on July 18, 2011 (California Redevelopment Association, et al. v. Ana <br /> Matosantos, et al., Case No. 5194861), challenging the constitutionality of AB X1 26 <br /> and AB X1 27 on behalf of cities, counties and redevelopment agencies; and <br /> WHEREAS, on December 29, 2011, the Supreme Court issued its final decision <br /> in the aforesaid litigation, upholding AB X1 26, invalidating AB X1 27, which resulted in <br /> the dissolution of all redevelopment agencies throughout the State effective February 1, <br /> 2012; and <br /> WHEREAS, Health and Safety Code Section 34183(a) (1), added by AB X1 26, <br /> provides, in part, that following dissolution of redevelopment agencies, the county <br /> auditor-controller shall remit to each local agency an amount of property tax revenues in <br /> an amount equal to that which would have been received under Section 33607.5, as <br /> that section read on January 1, 2011; and <br /> WHEREAS, although the City Council did not make the City Election at the time <br /> of amendment of the Redevelopment Plans pursuant to Health and Safety Code <br /> Section 33333.6, the City retains the right to opt to receive the City Election in any fiscal <br /> year in which a payment shall be made based on Section 33607.5, and the City Council <br /> desires to now make the election authorized by Health and Safety Code Sections <br /> 33607.7 and 33607.5 for each of the amendment areas that comprise Project Area No. <br /> 2 and receive an amount equal to that which would have been received by the City <br /> under Section 33607.5, as that section read on January 1, 2011. <br /> NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of <br /> Redwood City as follows: <br /> Section 1. Pursuant to Health and Safety Code Sections 33607.7 and <br /> 33607.5, the City Council hereby elects to receive an amount equal to that which would <br /> ATTY/DOCS-RESO/RES0.2808/RWC ELECTING TO RECEIVE RESO.#15234 <br /> A PORTION OF THE TAX INCREMENTS MUFF#454 <br /> REV: 11-27-12 VR <br /> Page 2 of 3 <br />