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2011-08-24 - CRA RESOLUTION 2011-010
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ABx1 26 TERMINATION OF REDEVELOPMENT AGENCY
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2011-08-24 - CRA RESOLUTION 2011-010
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unless the community that created it enacts an ordinance committing it to <br />making certain payments. <br />F. ABX1 26 prohibits agencies from taking numerous actions, requires all <br />agencies to wind down their affairs effective immediately, and provides that <br />agencies are deemed to be dissolved as of October 1, 2011, unless the <br />agencies are extended through compliance with the requirements of ABX1 <br />27. <br />G. As part of the winding down process, all agencies are required to file a <br />schedule of "enforceable obligations" that require payments to be made <br />through the end of the calendar year 2011. <br />H. Under the threat of dissolution pursuant to ABX1 26, and based upon the <br />contingencies and reservations set forth herein, the Agency establishes the <br />Enforceable Obligation Payment Schedule ("EOPS") to be able to continue <br />redevelopment activities that were begun prior to the effective date of ABX1 <br />26 (see EOPS attached hereto and incorporated herein as Exhibit A). <br />The Agency reserves the right to appeal any determination of the California <br />Director of Finance or other entity regarding the propriety of requiring this <br />resolution as well as any future determinations. <br />J. The Agency is aware that an action challenging the constitutionality of <br />ABX1 26 and ABX1 27 has been filed on behalf of cities, counties, and <br />redevelopment agencies. Further, the Agency reserves the right, <br />regardless of any actions taken pursuant to this resolution, to challenge the <br />legality of ABX1 26 and ABX1 27 and seek reimbursement for compliance <br />costs of this state -mandated program. <br />K. The Agency currently intends to comply with the state -mandated obligations <br />established hereunder, they shall all be made under protest and without <br />prejudice to the Agency's right to recover such amounts and interest <br />thereon, to the extent there is a final determination that ABX1 26 and <br />ABX127 are unconstitutional or otherwise infirm, including state -mandated <br />costs for complying with the establishment of the EOPS attached hereto, <br />and any amendments thereto. <br />L. To the extent a court of competent jurisdiction enjoins, restrains, or grants a <br />stay on the effectiveness of the Alternative Voluntary Redevelopment <br />Program's payment obligation of ABX1 26 and ABX1 27, the Agency shall <br />not be obligated to file the EOPS or comply with the terms and conditions of <br />ABX1 26 and ABX1 27 for the duration of such injunction, restraint, or stay, <br />and this resolution shall not be construed as any waiver or disclaimer of its <br />rights with respect to such injunction, restraint or stay. <br />CRA Resolution No. 2011-010 <br />Page 2 of 4 <br />
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