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24, 2011, allowing for this ordinance to be enacted by November 1, 2011, as provided by <br />the CRL. <br />G. ABX1 27 provides that a community may participate in an "Alternative Voluntary <br />Redevelopment Program," in order to enable a redevelopment agency within that <br />community to remain in existence and carry out the provisions of the CRL, by enacting an <br />ordinance agreeing to comply with Part 1.9 of Division 24 of the Health and Safety Code. <br />H. The Alternative Voluntary Redevelopment Program requires that the community <br />agree by ordinance to remit specified annual amounts to the county auditor-controller. <br />1. Under the threat of dissolution pursuant to ABX1 26, and upon the contingencies <br />and reservations set forth herein, the City shall make the Fiscal Year 2011-2012 <br />community remittance, which is currently Twenty Million Four Hundred Eighty Nine <br />Thousand One Hundred Seventy Dollars ($20,489,170.00) (subject to the appeal the City <br />filed as referenced below), as well as the subsequent annual community remittances as set <br />forth in the CRL. <br />J. On August 15, 2011, the City filed an appeal with the California Director of <br />Finance's determination of the Fiscal Year 2011-12 community remittance amount, as <br />provided in Health and Safety Code Section 34194. <br />K. The City is aware that an action challenging the constitutionality of ABX1 26 and <br />ABX1 27 has been filed on behalf of cities, counties and redevelopment agencies. Further, <br />on August 11, 2011, the California Supreme Court agreed to review the petition filed by the <br />California Redevelopment Association and the League of California Cities and stayed <br />specific portions of the legislation. <br />L. While the City currently intends to make these community remittances, they shall <br />be made under protest and without prejudice to the City's right to recover such amounts <br />and interest thereon, to the extent there is a final determination that ABX1 26 and ABX1 <br />27 are unconstitutional. <br />M. The City reserves the right, regardless of any community remittance made <br />pursuant to this Ordinance, to challenge the legality of ABX1 26 and ABX1 27. Further, <br />the agreement referenced between the City and Agency shall be entered into <br />conditionally, and shall be operative only if ABX1 26 and ABX1 27 are upheld and the <br />stay or a portion thereof is lifted, as it pertains to this Continuation Ordinance. <br />N. All legal prerequisites to the adoption of this Ordinance have occurred. <br />THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, DOES <br />ORDAIN AS FOLLOWS: <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 />Ordinance No. NS 2823 <br />Page 2 of 5