2011-08-24 - JOINT ITEM - Resolutions ABX1 26 and 27

Home Browse Search

8/9/11 LES G. As part of the winding down process, all agencies are required to file a schedule of "enforceable obligations" that require payments to be made through the end of the calendar year 2011. H. Under the threat of dissolution pursuant to ABX1 26, and based upon the contingencies and reservations set forth herein, the Agency establishes the Enforceable Obligation Payment Schedule ("EOPS") to be able to continue redevelopment activities that were begun prior to the effective date of ABX1 26 (see EOPS attached hereto and incorporated herein as Exhibit A). I. The Agency reserves the right to appeal any determination of the California Director of Finance or other entity regarding the propriety of requiring this resolution as well as any future determinations. J. The Agency is aware that an action challenging the constitutionality of ABX1 26 and ABX1 27 has been filed on behalf of cities, counties, and redevelopment agencies. Further, the Agency reserves the right, regardless of any actions taken pursuant to this resolution, to challenge the legality of ABX1 26 and ABM 27 and seek reimbursement for compliance costs of this state -mandated program. K. The Agency currently intends to comply with the state -mandated obligations established hereunder, they shall all be made under protest and without prejudice to the Agency's right to recover such amounts and interest thereon, to the extent there is a final determination that ABX1 26 and ABX127 are unconstitutional or otherwise infirm, including state -mandated costs for complying with the establishment of the EOPS attached hereto, and any amendments thereto. L. To the extent a court of competent jurisdiction enjoins, restrains, or grants a stay on the effectiveness of the Alternative Voluntary Redevelopment Program's payment obligation of ABX1 26 and ABX1 27, the Agency shall not be obligated to file the EOPS or comply with the terms and conditions of ABX1 26 and ABX1 27 for the duration of such injunction, restraint, or stay, and this resolution shall not be construed as any waiver or disclaimer of its rights with respect to such injunction, restraint or stay. M. The applicability of the attached EOPS is contingent upon the applicability of Part 1.8 of ABX1 26 to the Agency. Section 2. The attached Enforceable Obligation Payment Schedule (Exhibit A) establishes those obligations which the Community Redevelopment Agency of the City of Santa Ana has binding commitments that it has entered into and includes legal commitments that it is obligated to enter into before January 1, 2012, to meet the pre-existing commitments of contracts and obligations that were established prior to the effective date of ABX1 26. Section 3. The Executive Director of the Agency, or her/his designee ("Executive Director"), is directed to file this Enforceable Obligation Payment Schedule in the manner required by law. The Executive Director is further authorized to withhold filing this resolution and the Enforceable Obligation Payment Schedule in the event of a stay, injunction, or other Court 2 3-10 EXHIBIT 2