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8/22/11 LES <br />Section 2. The Recitals set forth above are true and correct and incorporated <br />herein by reference. <br />Section 3. In accordance with Health and Safety Code Section 34193, and based <br />on the Recitals set forth above, the City Council hereby determines that the City shall <br />comply with the provisions of Part 1.9 of Division 24 of the Health and Safety Code, as <br />enacted by ABX1 27. <br />Section 4. Except as set forth in Section 5, below, the City Council hereby <br />determines that the City shall make the community remittances set forth in Health and <br />Safety Code section 34194 et seq. <br />Section 5. City shall not make any community remittance in the event (A) a court <br />of competent jurisdiction determines that ABX1 26 and ABX1 27 are unconstitutional and <br />therefore invalid, and all appeals therefrom are exhausted or unsuccessful, or time for filing <br />an appeal therefrom has lapsed; or (B) during any judicial stay of ABX1 27. Any <br />community remittance shall be made under protest and without prejudice to the City's right <br />to recover such amount and interest thereon in the event that there is a final determination <br />that ABX1 26 and ABX1 27 are unconstitutional. If there is a final determination that ABX1 <br />26 and ABX1 27 are invalid, this Ordinance shall be deemed to be null and void and of no <br />further force or effect. <br />Section 6. The City Council hereby authorizes and directs the City <br />Manager/Interim City Manager, or his designee(s), to take any actions and execute any <br />documents necessary to implement this Ordinance, including but not limited to notifying <br />the Orange County Auditor-Controller, the Controller of the State of California, and the <br />California Department of Finance of the adoption of this Ordinance and the City's <br />agreement to comply with the provisions of Part 1.9 of Division 24 of the Health and <br />Safety Code, as Part 1.9 exists on the date of adoption of this Ordinance, as set forth in <br />ABX1 27, with such notification to be accompanied by a certified copy of this <br />Ordinance. <br />Section 7. It is the understanding and intent of the City Council that, once the <br />Agency is again authorized to enter into agreements under the CRL, the City will enter into <br />an agreement with the Agency as authorized pursuant to Section 34194.2, whereby the <br />Agency will transfer annual portions of its tax increment to the City in amounts not to <br />exceed the annual community remittance payments to enable the City, directly or indirectly, <br />to make the annual remittance payments. Said agreement between the City and the <br />Agency shall be conditional, to be operative only if ABX1 26 and ABX127 are upheld and <br />the stay is lifted. The City Council does not intend, by enactment of this Ordinance, to <br />pledge any of its general fund revenues or assets to make the remittance payments. <br />Section 8. The City Council finds, under Title 14 of the California Code of <br />Regulations, Section 15378(b)(4), that this Ordinance is exempt from the requirements of <br />the California Environmental Quality Act ("CEQA") in that it is not a "project," but instead <br />consists of the creation and continuation of a governmental funding mechanism for <br />11 A-3