The tax shall not be due or payable unless and until all of the following occurs:
(a) CMS approves the uncompensated care payments and the access to care tax;
(b) AHCCCS agrees to return to the city the non-federal share of any uncompensated care payments recouped by AHCCCS from participating hospitals, unless such recouped payments are redistributed by AHCCCS to other participating hospitals pursuant to the terms and conditions of the federal approval of the uncompensated care payments;
(c) AHCCCS agrees to return to the city the non-federal share of any safety net care pool payments funded by the tax and recouped by AHCCCS from MIHS;
(d) the city enters into an intergovernmental agreement with AHCCCS; and
(e) the Municipal Tax Code Commission approves the ATC Tax.