HomeMy WebLinkAboutOrdinance No. 14-O3ORDINANCE NO. 14-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, REPEALING AND RESERVING SECTION 70-73 OF THE
AZUSA MUNICIPAL CODE RELATING TO A CREDIT FOR PAYMENT
OF REDEVELOPMENT AGENCY SALES AND USE TAX
WHEREAS, the City Council of the City of Azusa (the "City") has adopted the Uniform
Local Sales and Use Tax Law (Chapter 70 of the Azusa Municipal Code) (the "City Sales and Use
Tax Law") pursuant to the Bradley -Burns Uniform Local Sales and Use Tax Law of the State of
California (Part 1.5 of Division 2 of the Revenue and Taxation Code of the State of California); and
WHEREAS, pursuant to the authority set forth in Section 7202.6 of the Revenue and
Taxation Code of the State of California, the dissolved Redevelopment Agency of the City of
Azusa (the "Agency") previously adopted Ordinance No. 2, which imposed a one percent (1%)
sales and use tax for the Price Club Project located within the West End Redevelopment Project
Area ("Agency's Sales Tax"); and
WHEREAS, the Agency's Sales Tax was imposed to repay a Sales Tax Allocation Note
(the "Note") executed by the Agency to evidence a loan from the Price Company to enable the
Agency to perform its obligations under an Owner Participation Agreement between the Agency
and the Price Company for construction of certain public improvements in the West End
Redevelopment Project Area; and
WHEREAS, pursuant to the requirements and limitations contained in Part 1.5 of Division
2 of the Revenue and Taxation Code of the State of California, the City Council enacted Section 70-
73 as part of the City Sales and Use Tax Law, establishing a credit against the payment of the City's
sales and use tax equivalent to the amount of the sales and use tax imposed by the Agency and paid
for the Price Club Project; and
WHEREAS, the obligations secured in whole or in part by the Agency's Sales Tax
levied pursuant to the provisions of Section 7202.6 of the Revenue and Taxation Code of the State
of California have been assumed by the City and the City continues to make payments on the Note
with the proceeds of the City's sales tax; and
WHEREAS, the City Council wishes to repeal and rescind Section 70-73 of the Azusa
Municipal Code by reason of the fact that the credit against the payment of the City's sales and use
tax created by said section is no longer necessary or required.
THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA DOES
ORDAIN AS FOLLOWS:
Section 1. Recitals. The City Council of the City of Azusa hereby finds and determines
that the forgoing Recitals of this Ordinance are true and correct and are hereby incorporated into
this Ordinance as fully set forth herein.
Section 2. Repealed. Section 70-73 of Chapter 70 of the Azusa Municipal Code,
entitled "Credit for payment of redevelopment agency sales and use tax against city sales and use
taxes," is hereby repealed in its entirety and is of no further force or effect.
Section 3. Reserved. Section 70-73 of Chapter 70 of the Azusa Municipal Code is
hereby reserved for future use.
Section 4. Severability. If any provision of this Ordinance or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications of this Ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this Ordinance are severable. The City Council of
the City of Azusa hereby declares that it would have adopted this Ordinance irrespective of the
invalidity of any particular portion thereof.
Section 5. Signature and Attestation. In accordance with California Government Code
Section 36932, this Ordinance shall be signed by the Mayor of the City of Azusa and attested to
by the City Clerk of the City of Azusa.
Section 6. Publication; Effective Date. In accordance with California Government
Code Section 36933, within fifteen (15) days of the passage of this Ordinance, the City Clerk of
the City of Azusa shall cause this Ordinance to be published, at least once, in a newspaper of
general circulation published and circulated in the City of Azusa, California. This Ordinance
shall take effect thirty (30) days after the date of adoption.
PASSED, APPROVED and ADOPTED this 81h day of July, 2014.
oseph Romero Rocha
Mayor
ATTEST:
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Ordinance No. 14-03, was duly introduced
and placed upon its first reading at a special meeting of the Azusa City Council on 16`h day of
June, 2014 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting
of the Azusa City Council on the 8`h day of July, 2014 by the following vote to wit:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
FRi'� �
APPROVED AS TO FORM:
Marc A. Martinez
Best Best & Krieger LLP
City Attorney