2011-08-24 - AGENDA REPORT - ENFORCEMENT OBLIGATIONS ABX1 26

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8/9/11 LES N. The City is aware that the validity, passage, and applicability of ABX1 26 and ABX1 27 may become the subject of a judicial challenge. O. The City, by the adoption of this resolution, does not represent, disclaim, or take any position whatsoever on the issue of the validity of ABX1 26 or ABX1 27, but rather the City seeks to comply with the Constitution and laws of the State of California, including Part 1.9, in order to preserve the ability of the Agency to continue to operate and thereby benefit the community. P. The City has duly considered all other related matters and has determined that the City's participation in the Program is in the best interests of the City, the Agency, and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES RESOLVE AS FOLLOWS.- Section OLLOWS: Section 2. The foregoing Recitals are incorporated into this Resolution by this reference, and constitute a material part of this Resolution. Section 3. Pursuant to CRL Section 34193(b), the City hereby expresses its intent to adopt the Ordinance to comply with Part 1.9. This resolution is that "nonbinding resolution of intent" referred to in CRL Section 34193(b) and shall be interpreted and applied in all respects in accordance with such section and Part 1.9, to the fullest extent permitted by law. Section 4. On or before October 1, 2011, the City Manager, or his designee, is hereby authorized and directed to notify the county auditor, the State Department of Finance, and the Controller of the State concerning the resolution, in accordance with Section 34193(b). Section 5. The City Attorney, or his designee, is hereby authorized to bring or join an action in the Superior Court pursuant to CRL Sections 33500 and 33501 to determine the validity of the ordinance referred to in this resolution, or the validity of any bonds contemplated to be issued by the agency or other material contracts of the Agency, or any findings of the City Council related thereto, upon the determination of the City Manager that such action is reasonably necessary or appropriate to facilitate the consummation of any agency transaction for which governing board approval has been given. Section 6. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. 3 EXHIBIT 1 8OA-6