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HomeMy WebLinkAbout461 - Ordinances ORDINANCE NO. 461 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANC}K) CUCA~DN~, CALIFORNIA, AMENDING CHAPTER 3.20 OF TITLE 3 OF THERANCHO CUCAMONGAMUNICIPALCODE BY THEADDITION OF SECTION 3.20.145 R~ATING TO CREDIT OF S~I.F.q AND USE TAXES The City Council of the City of Rancho Cucamonga does hereby ordain as follows: SECTION 1: the Council hereby finds, determines and declares as follows: (i) The Rancho Cucamonga Redevelopment Agency ("Agency") desires to adopt an ordinance enacting a sales and use tax to satisfy the requirements in that certain Disposition and Development Agreement ("DDA") entered into between Agency and The Price Company, dated December 5, 1990. (ii) The DDA requires, in Section 3.07, that a sales and use tax credit provision conforming to California Revenue and Taxation Code Section 7202.5 be enacted by the City pursuant to the requirements of California Revenue and Taxation Cede Section 7202.6. The City will thereby grant a credit against tax payment arising under Chapter 3.20 of Title 3 of the Rancho Cucamonga Municipal Cede in favor of any amounts paid to the Agency under its sales and use tax ordinance. (iii) Pursuant to the authority of Revenue and Taxation Code Section 7202.6 and Article XIIIB of the California Constitution, the exercise of the Agency's taxation power regarding the referenced sales and use tax shall be deemed a transfer of financial responsibility for the City of Rancho Cucamonga to the Agency for each such fiscal year within the maning of Subdivision (a) of Section 3 of Article XIIIB resulting in the concurrent increase of the Agency's appropriation limit and decrease in the City's appropriation limit. SECTION 2: Section 3.20.145 is hereby added to read, in words euld figures, as follows: "3.20.145 Credit for Payment of Redevelopment Aqency Sales and Use Tax "Any person required to pay any tax pursuant to this Chapter shall have a credit against the payment of such tax in the full amount of the sales and use tax, if any, paid to the Rancho Cucamonga Redevelopmerit Agency pursuant to its sales and use tax ordinance." SECTION 3 Severability. If any provision of this Ordinance or the application thereof to any person or circumstances held invalid, the remainder of the Ordinance and the application of such provision to other persons or other circumstances shall not be effected in any manner thereby. SECTION 4: Effective Date. Pursuant to California Government Code Section 36937(d), this Ordinance shall take effect immediately as it relates to taxes for the usual and current expenses of the City. OrdinanceNo. 461 Page 2 SECTION 5: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 16th day of October, 1991. AYES: Alexander, Buquet, Stout, Williams, Wright NOES: None ABSENT: None 0..~j~ Dennis L. S~but, Mayor a'J. city clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was passed at the regular meeting of the Council of the City of Rancho Cucamonga held on the 16th day of October, 1991. Executed this 17th day of October, 1991 at Rancho Cucamonga, California.