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HomeMy WebLinkAbout384197 ORDINANCE NO. 384 AN ORDINANCE AMENDING ORDINANCE N0. 269 OF THE CITY OF IRWINDALE ENTITLED "AN ORDINANCE IMPOSING A SALES AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION AND PROVIDING PENALTIES FOR VIOLATION," PROVIDING FOR A CREDIT AGAINST THE PAYMENT OF TAXES UNDER SAID ORDINANCE NO. 269 IN THE AMOUNT OF SALES OR USE TAXES DUE TO THE REDEVELOPMENT AGENCY OF THE CITY PURSUANT TO SECTION 7202.6 OF THE REVENUE AND TAXATION CODE OF CALIFORNIA: AND MAKING CERTAIN OTHER FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH. WHEREAS, the City Council of the City of Irwindale duly passed and adopted on the 4th day of October, 1973, Ordinance No. 269 entitled "An Ordinance Imposing a Sales and Use Tax to be Administered by the State Board of Equalization and Providing Penalties for Violations;" and WHEREAS, pursuant to said Ordinance No. 269, the City Council approved the execution of a certain Agreement entitled "Agreement for State Administration of Local Sales and Use Taxes;" and WHEREAS, the Agreement provides for the collection and distribution of sales and use taxes to the City under Ordinance 269 by the State Board of Equalization; and WHEREAS, the City has operated under said Ordinance and said Agreement since January 1, 1974, to the present time; and WHEREAS, in 1981 the State Legislature enacted Section 7202.6 of the Revenue and Taxation Code of the State of California which provides a means by which a Redevelopment Agency may impose a Sales and Use Tax within a project area provided that the City Council of the City within such Redevelopment Agency is located,enact a ordinance or an amendment to its Sales and use Tax Ordinance which provides for a credit against sales and uses taxes payable to said City, the amount of sales and use taxes due to the Recevelopment Agency under its Ordinance; and WHEREAS, the City of Irwindale has duly activated its Redevelopment Agency pursuant to provisions of Section 33000, et seq, of the Health and Safety Code of California; and WHEREAS, said Redevelopment Agency may wish to utilize the provisions of said Section 7202.6; and WHEREAS, it is in the public interest and convenience that Ordinance No. 269 be amended to provide for such credit; NOW, THEREFORE, the City Council of the City of Irwindale does ordain as follows: Section 1. That the recitals set forth hereinabove are true and correct in all respects. Section 2. That Ordinance No. 269 be and the same is hereby amended by the addition of Section 22 thereto, which Section 22 shall provide as follows: "Section 22. CREDIT AGAINST TAXES DUE AND PAYABLE TO REDEVELOPMENT AGENCY. In the event that the Redevelopment Agency of the City adopts an ordinance pursuant to the provisions of Section 7202.6 of the Revenue and Taxation Code of California which provides for the levying of a sales and use tax within a project area of the Redevelop- ment Agency, any retailer or other person 98 Ordinance No. 384 required to pay a sales or use tax pursuant to provisions of this Ordinance shall be given a credit against amounts payable under this Ordinance in the amount of sales and/or use taxes payable to the Redevelopment Agency of the City under such ordinance adopted pursuant to the provisions of said Section 7202.6." APPROVED and ADOPTED this 17th day of October, 1985• Mayor Pat S. iranda ATTEST: 4'2 Marga et S. Barbosa, City Clerk I, Margaret S. Barbosa, City Clerk of the City of Irwindale, do hereby certify that the foregoing ordinance being ordinance No. 384, was introduced at a regular meeting of the City Council of the City of Irwindale, held on the 22nd day of August, 1985, and was duly passed, approved and adopted by said Council, approved and signed by the Mayor and attested by the City Clerk at a regular adjourned meeting of the said City Council held on the 17th day of October, 1985, by the following vote: AYES: COUNCILMEN: Breceda, Castellanos, Tapia, M. Miranda and Mayor Pat Miranda NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None /rr Marg et S: Barbosa, City Clerk