The City of Atwater has elected to be the Housing and Non Housing Successor Agency to the former Atwater Redevelopment Agency.
On June 29, 2011, Assembly Bill 26 and Assembly Bill 27 went into effect. On August 11, 2011, the California Supreme Court granted a request for a temporary stay of most of ABx1_26 and all of AB 27×1. The Court stayed all of the provisions of ABx1_26 except for those sections prohibiting redevelopment agencies from issuing debt, purchasing or selling property, entering into or amending contracts, adopting or amending redevelopment plans, and transferring assets. On August 17, 2011, the Supreme Court revised its partial Stay.
Enforceable obligations as defined in ABx1_26 §34167(d):
- Bonds, as defined by Section 33602 and bonds issued pursuant to Section 5850 of the Government Code, including the required debt service, reserve set-asides and any other payments required under the indenture or similar documents governing the issuance of the outstanding bonds of the redevelopment agency.
- Loans of moneys borrowed by the redevelopment agency for a lawful purpose, including, but not limited to, moneys borrowed from the Low and Moderate Income Housing Fund, to the extent they are legally required to be repaid pursuant to a required payment schedule or other mandatory loan terms.
- Payments required by the federal government, preexisting obligations to the state of obligations imposed by state law, other than pass-through payments that are made by the county auditor-controller pursuant to Section 34183, or legally enforceable payments required in connection with the agencies’ employees, including, but not limited to, pension payments, pension obligation debt service, and unemployment benefit payments.
- Judgments or settlements entered by a competent court of law or binding arbitration decisions against the former redevelopment agency, other than pass-through payments that are made by the county auditor-controller pursuant to Section 34813. Along with the successor agency, the oversight board shall have the authority and standing to appeal any judgment or to set aside any settlement or arbitration decision.
- Any legally binding and enforceable agreement or contract that is not otherwise void as violating the debt limit or public policy.
- Contracts or agreements necessary for the continued administration or operation of the redevelopment agency to the extent permitted by this part, including, but not limited to, agreements to purchase or rent office space, equipment or supplies, and pay-related expenses pursuant to Section 33127 and for carrying insurance pursuant to Section 33134.