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02
City of Pleasanton
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2010
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3/10/2010 1:02:40 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
3/16/2010
DESTRUCT DATE
15 Y
DOCUMENT NO
02
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SECTION 1. If any challenge to invalidate an action that violates Articles XIX, XIX A, or <br /> XIX B of the California Constitution is successful either by way of a final judgment, settlement, <br /> or resolution by administrative or legislative action, there is hereby continuously appropriated <br /> from the General Fund to the Controller, without regard to fiscal years, that amount of revenue <br /> necessary to restore the fund or account from which the revenues were unlawfully taken or <br /> diverted to its financial status had the unlawful action not been taken. <br /> SEC. 2. If any challenge to invalidate an action that violates Section 24 or Section 25.5 of <br /> Article XIII of this Constitution is successful either by way of a final judgment, settlement, or <br /> resolution by administrative or legislative action, there is hereby continuously appropriated <br /> from the General Fund to the local government an amount of revenue equal to the amount of <br /> revenue unlawfully taken or diverted. <br /> SEC. 3. Interest calculated at the Pooled Money Investment Fund rate from the date or <br /> dates the revenues were unlawfully taken or diverted shall accrue to the amounts required to <br /> be restored pursuant to this section. Within thirty days from the date a challenge is successful, <br /> the Controller shall make the transfer required by the continuous appropriation and issue a <br /> notice to the parties that the transfer has been completed. <br /> SEC. 4. If in any challenge brought pursuant to this section a restraining order or <br /> preliminary injunction is issued, the plaintiffs or petitioners shall not be required to post a bond <br /> obligating the plaintiffs or petitioners to indemnify the government defendants or the State of <br /> California for any damage the restraining order or preliminary injunction may cause. <br /> Section Nine. <br /> Section 16 of Article XVI of the Constitution requires that a specified portion of the <br /> taxes levied upon the taxable property in a redevelopment project each year be allocated to <br /> the redevelopment agency to repay indebtedness incurred for the purpose of eliminating blight <br /> within the redevelopment project area. Section 16 of Article XVI prohibits the Legislature from <br /> reallocating some or that entire specified portion of the taxes to the State, an agency of the <br /> State, or any other taxing jurisdiction, instead of to the redevelopment agency. The Legislature <br /> has been illegally circumventing Section 16 of Article XVI in recent years by requiring <br /> redevelopment agencies to transfer a portion of those taxes for purposes other than the <br /> financing of redevelopment projects. A purpose of the amendments made by this measure is to <br /> prohibit the Legislature from requiring, after the taxes have been allocated to a redevelopment <br /> agency, that the redevelopment agency transfer some or all of those taxes to the State, an <br /> agency of the State, or a jurisdiction; or use some or all of those taxes for the benefit of the <br /> State, an agency of the State, or a jurisdiction. <br /> Section Ten. Continuous Appropriations. <br /> 17 <br />
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