A. Authorization to Continue Agency. Subject to Subsections C. and D. herein, the City hereby commits to comply with and make the remittances required by Cal. Health & Safety Code, Div. 24, Part 1.9, and authorize the continuation of the Agency. Any remittance payments required to be paid by the City pursuant to Cal. Health & Safety Code, Div. 24, Part 1.9, shall be paid solely from Agency funds and/or assets transferred to the City in accordance with Cal. Health & Safety Code, Div. 24, Part 1.9.
B. Reservation of Rights. It is the position of the City that certain or all provisions of Assembly Bill 26 and Assembly Bill 27 (AB26/AB27) violate the Laws, as referenced in the recitals in Ordinance No. 2011-008, and are invalid and unenforceable. Neither the enactment of this section, nor the acknowledgment of or references to any provisions of AB 26/AB 27, nor the City's payment of any remittances contemplated by AB 27 shall be deemed to be, nor are they intended as, an acknowledgment of the validity of AB 26/AB 27, and the City reserves all rights in its sole discretion to challenge the validity of any or all provisions of AB 26/AB 27 in any administrative or judicial proceeding and/or repeal this section, without prejudice to the City's right to recover any amounts remitted under Cal. Health & Safety Code, Div. 24, Part 1.9.
C. Enactment. This section shall be deemed as “enacted” within the meaning of Cal. Health & Safety Code, Div. 24, Part 1.9 upon the adoption of this section.
D. Authorization of Implementing Actions. The City Manager is hereby authorized to take any actions necessary to implement this section and comply with Cal. Health & Safety Code, Div. 24, Part 1.9, including without limitation, providing required notices to the County Auditor-Controller, the State Controller, and the State's Department of Finance; entering into any agreements with the Agency to make the remittance payments; or making any remittance payments.
(Ord. No. 2011-008 §§ 1-4)