HomeMy WebLinkAboutC-4292 AGREEMENT FOR PREPARATION TO ADMINISTER AND OPERATE
CITY'S TRANSACTIONS AND USE TAX ORDINANCE
In order to prepare to administer a transactions and use tax ordinance adopted in
accordance with the provision of Part 1.6 (commencing with Section 7251) of Division 2 of
the Revenue and Taxation Code, the City of Arcadia, hereinafter called City, and the
CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION, hereinafter called
Department, do agree as follows:
1. The Department agrees to enter into work to prepare to administer and operate a
transactions and use tax in conformity with Part 1 .6 of Division 2 of the Revenue and
Taxation Code which has been approved by a majority of the electors of the City and whose
ordinance has been adopted by the City.
2. City agrees to pay to the Department at the times and in the amounts hereinafter
specified all of the Department's costs for preparatory work necessary to administer the City's
transactions and use tax ordinance. The Department's costs for preparatory work include
costs of developing procedures, programming for data processing, developing and adopting
appropriate regulations, designing and printing forms, developing instructions for the
Department's staff and for taxpayers, and other appropriate and necessary preparatory costs
to administer a transactions and use tax ordinance. These costs shall include both direct
and indirect costs as specified in Section 11256 of the Government Code.
3. Preparatory costs may be accounted for in a manner which conforms to the
internal accounting and personnel records currently maintained by the Department. The
billings for costs may be presented in summary form. Detailed records of preparatory costs
will be retained for audit and verification by the City.
4. Any dispute as to the amount of preparatory costs incurred by the Department
shall be referred to the State Director of Finance for resolution, and the Director's decision
shall be final.
5. Preparatory costs incurred by the Department shall be billed by the Department
periodically, with the final billing within a reasonable time after the operative date of the
ordinance. City shall pay to the Department the amount of such costs on or before the last
day of the next succeeding month following the month when the billing is received.
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6. The amount to be paid by City for the Department's preparatory costs shall not
exceed one hundred seventy-five thousand dollars ($175,000) (Revenue and Taxation Code
Section 7272.)
7. Communications and notices may be sent by first class United States mail.
Communications and notices to be sent to the Department shall be addressed to:
California Department of Tax and Fee Administration
P.O. Box 942879 MIC: 27
Sacramento, California 94279-0027
Attention: Supervisor
Local Revenue Branch
Communications and notices to be sent to City shall be addressed to:
City of Arcadia
P. O. Box 60021
Arcadia, California 91066-6021
Attention: Hue Quach, Administrative Services Director
8. The date of this Agreement is the date on which it is approved by the Department
of General Services. This Agreement shall continue in effect until the preparatory work
necessary to administer City's transactions and use tax ordinance has been completed and
the Department has received all payments due from City under the terms of this Agreement.
CITY OF ARCADIA CALIFORNIA DEPARTMENT OF TAX
AND FEE ADMINISTRATION
By ', By/;i4
Dominic Lazzaret dministrator
City Manager Local Revenue Branch
APPROVED
(Rev. 11/17) (E+ 13 ag
OFFICE OF LEGAL SERVICES
DEPT OF GENERAL SERVICES
2
AGREEMENT FOR STATE ADMINISTRATION
OF CITY TRANSACTIONS AND USE TAXES
The City Council of the City of Arcadia has adopted, and the voters of the City of
Arcadia (hereafter called "City" or "District") have approved by the required majority
vote, the City of Arcadia Transactions and Use Tax Ordinance (hereafter called
"Ordinance"), a copy of which is attached hereto. To carry out the provisions of Part 1 .6
of Division 2 of the Revenue and Taxation Code and the Ordinance, the California State
Department of Tax and Fee Administration, (hereinafter called the "Department") and
the City do agree as follows:
ARTICLE I
DEFINITIONS
Unless the context requires otherwise, wherever the following terms appear in
the Agreement, they shall be interpreted to mean the following:
1 . "District taxes" shall mean the transactions and use taxes, penalties, and
interest imposed under an ordinance specifically authorized by Revenue and Taxation
code Section 7285.9, and in compliance with Part 1.6, Division 2 of the Revenue and
Taxation Code.
2. "City Ordinance" shall mean the City's Transactions and Use Tax Ordinance
referred to above and attached hereto, Ordinance No. 2361, as amended from time to
time, or as deemed to be amended from time to time pursuant to Revenue and
Taxation Code Section 7262.2.
ARTICLE II
ADMINISTRATION AND COLLECTION
OF CITY TAXES
A. Administration. The Department and City agree that the Department shall
perform exclusively all functions incident to the administration and operation of the City
Ordinance.
B. Other Applicable Laws. City agrees that all provisions of law applicable to
the administration and operation of the Department Sales and Use Tax Law which are
not inconsistent with Part 1.6 of Division 2 of the Revenue and Taxation Code shall be
applicable to the administration and operation of the City Ordinance. City agrees that
money collected pursuant to the City Ordinance may be deposited into the State
Treasury to the credit of the Retail Sales Tax Fund and may be drawn from that Fund
for any authorized purpose, including making refunds, compensating and reimbursing
the Department pursuant to Article IV of this Agreement, and transmitting to City the
amount to which City is entitled.
C. Transmittal of money.
1 . For the period during which the tax is in effect, and except as otherwise
provided herein, all district taxes collected under the provisions of the City Ordinance
shall be transmitted to City periodically as promptly as feasible, but not less often than
twice in each calendar quarter.
2. For periods subsequent to the expiration date of the tax whether by City's
self-imposed limits or by final judgment of any court of the State of California holding
that City's ordinance is invalid or void, all district taxes collected under the provisions of
the City Ordinance shall be transmitted to City not less than once in each calendar
quarter.
3. Transmittals may be made by mail or electronic funds transfer to an account
of the City designated and authorized by the City. A statement shall be furnished at
least quarterly indicating the amounts withheld pursuant to Article IV of this Agreement.
D. Rules. The Department shall prescribe and adopt such rules and regulations
as in its judgment are necessary or desirable for the administration and operation of the
City Ordinance and the distribution of the district taxes collected thereunder.
E. Preference. Unless the payor instructs otherwise, and except as otherwise
provided in this Agreement, the Department shall give no preference in applying money
(Rev. 10/17) 2
received for state sales and use taxes, state-administered local sales and use taxes,
and district transactions and use taxes owed by a taxpayer, but shall apply moneys
collected to the satisfaction of the claims of the State, cities, counties, cities and
counties, redevelopment agencies, other districts, and City as their interests appear.
F. Security. The Department agrees that any security which it hereafter
requires to be furnished by taxpayers under the State Sales and Use Tax Law will be
upon such terms that it also will be available for the payment of the claims of City for
district taxes owing to it as its interest appears. The Department shall not be required
to change the terms of any security now held by it, and City shall not participate in any
security now held by the Department.
G. Records of the Department.
When requested by resolution of the legislative body of the City under section
7056 of the Revenue and Taxation Code, the Department agrees to permit authorized
personnel of the City to examine the records of the Department, including the name,
address, and account number of each seller holding a seller's permit with a registered
business location in the City, pertaining to the ascertainment of transactions and use
taxes collected for the City. Information obtained by the City from examination of the
Department's records shall be used by the City only for purposes related to the
collection of transactions and use taxes by the Department pursuant to this Agreement.
H. Annexation. City agrees that the Department shall not be required to give
effect to an annexation, for the purpose of collecting, allocating, and distributing District
transactions and use taxes, earlier than the first day of the calendar quarter which
commences not less than two months after notice to the Department. The notice shall
include the name of the county or counties annexed to the extended City boundary. In
the event the City shall annex an area, the boundaries of which are not coterminous
with a county or counties, the notice shall include a description of the area annexed and
two maps of the City showing the area annexed and the location address of the
(Rev. 10/17) 3
property nearest to the extended City boundary on each side of every street or road
crossing the boundary.
ARTICLE III
ALLOCATION OF TAX
A. Allocation. In the administration of the Department's contracts with all
districts that impose transactions and use taxes imposed under ordinances, which
comply with Part 1.6 of Division 2 of the Revenue and Taxation Code:
1 . Any payment not identified as being in payment of liability owing to a
designated district or districts may be apportioned among the districts as their interest
appear, or, in the discretion of the Department, to all districts with which the Department
has contracted using ratios reflected by the distribution of district taxes collected from
all taxpayers.
2. All district taxes collected as a result of determinations or billings made by
the Department, and all amounts refunded or credited may be distributed or charged to
the respective districts in the same ratio as the taxpayer's self-declared district taxes for
the period for which the determination, billing, refund or credit applies.
B. Vehicles, Vessels, and Aircraft. For the purpose of allocating use tax with
respect to vehicles, vessels, or aircraft, the address of the registered owner appearing
on the application for registration or on the certificate of ownership may be used by the
Department in determining the place of use.
ARTICLE IV
COMPENSATION
The City agrees to pay to the Department as the State's cost of administering the
City Ordinance such amount as is provided for by law. Such amounts shall be
deducted from the taxes collected by the Department for the City.
(Rev. io17) 4
ARTICLE V
MISCELLANEOUS PROVISIONS
A. Communications. Communications and notices may be sent by first class
United States mail to the addresses listed below, or to such other addresses as the
parties may from time to time designate. A notification is complete when deposited in
the mail.
Communications and notices to be sent to the Department shall be addressed
to:
California State Department of Tax and Fee Administration
P.O. Box 942879
Sacramento, California 94279-0027
Attention: Administrator
Local Revenue Branch
Communications and notices to be sent to the City shall be addressed to:
City of Arcadia
P. O. Box 60021
Arcadia, California 91066-6021
Attention: Hue Quach, Administrative Services Director
Unless otherwise directed, transmittals of payment of District transactions
and use taxes will be sent to the address above.
B. Term. The date of this Agreement is the date on which it is approved by the
Department of General Services. The Agreement shall take effect on January 1 , 2020.
This Agreement shall continue until December 31 next following the expiration date of
the City Ordinance, and shall thereafter be renewed automatically from year to year
until the Department completes all work necessary to the administration of the City
Ordinance and has received and disbursed all payments due under that Ordinance.
(Re\. 10 17) 5
C. Notice of Repeal of Ordinance. City shall give the Department written
notice of the repeal of the City Ordinance not less than 110 days prior to the operative
date of the repeal.
ARTICLE VI
ADMINISTRATION OF TAXES IF THE
ORDINANCE IS CHALLENGED AS BEING INVALID
A. Impoundment of funds.
1. When a legal action is begun challenging the validity of the imposition of
the tax, the City shall deposit in an interest-bearing escrow account, any proceeds
transmitted to it under Article II. C., until a court of competent jurisdiction renders a final
and non-appealable judgment that the tax is valid.
2. If the tax is determined to be unconstitutional or otherwise invalid, the City
shall transmit to the Department the moneys retained in escrow, including any
accumulated interest, within ten days of the judgment of the trial court in the litigation
awarding costs and fees becoming final and non-appealable.
B. Costs of administration. Should a final judgment be entered in any court of
the State of California, holding that City's Ordinance is invalid or void, and requiring a
rebate or refund to taxpayers of any taxes collected under the terms of this Agreement,
the parties mutually agree that:
1 . Department may retain all payments made by City to Department to
prepare to administer the City Ordinance.
2. City will pay to Department and allow Department to retain Department's
cost of administering the City Ordinance in the amounts set forth in Article IV of this
Agreement.
(Rev. 10/17) 6
3. City will pay to Department or to the State of California the amount of any
taxes plus interest and penalties, if any, that Department or the State of California may
be required to rebate or refund to taxpayers.
4. City will pay to Department its costs for rebating or refunding such taxes,
interest, or penalties. Department's costs shall include its additional cost for developing
procedures for processing the rebates or refunds, its costs of actually making these
refunds, designing and printing forms, and developing instructions for Department's
staff for use in making these rebates or refunds and any other costs incurred by
Department which are reasonably appropriate or necessary to make those rebates or
refunds. These costs shall include Department's direct and indirect costs as specified
by Section 11256 of the Government Code.
5. Costs may be accounted for in a manner, which conforms to the internal
accounting, and personnel records currently maintained by the Department. The
billings for such costs may be presented in summary form. Detailed records will be
retained for audit and verification by City.
6. Any dispute as to the amount of costs incurred by Department in
refunding taxes shall be referred to the State Director of Finance for resolution and the
Director's decision shall be final.
7. Costs incurred by Department in connection with such refunds shall be
billed by Department on or before the 25th day of the second month following the
month in which the judgment of a court of the State of California holding City's
Ordinance invalid or void becomes final. Thereafter Department shall bill City on or
before the 25th of each month for all costs incurred by Department for the preceding
calendar month. City shall pay to Department the amount of such costs on or before
the last day of the succeeding month and shall pay to Department the total amount of
taxes, interest, and penalties refunded or paid to taxpayers, together with Department
costs incurred in making those refunds.
(Rev.10/17) 7
CITY OF ARCADIA CALIFORNIA STATE DEPARTMENT OF
TAX AND FEE ADMINISTRATION
By By P13 Jh &f'
Dominic Lazzaretto odministrator
City Manager
APPROVED
MEC 13206
OFFICE OF LEGAL SERVICES
DEPT.OF GENERAL SERVICES
(Rev. 10/17) 8
ORDINANCE NO. 2361
AN ORDINANCE OF THE PEOPLE OF THE CITY OF ARCADIA,
CALIFORNIA ADDING PART 5.5 TO CHAPTER 6 (TAXES) OF ARTICLE
II (ADMINISTRATION) OF THE ARCADIA MUNICIPAL CODE TO
ESTABLISH A THREE-QUARTERS PERCENT (THREE-QUARTER
PERCENT) GENERAL TRANSACTIONS AND USE TAX (SALES TAX),
SAID TAX TO BE ADMINISTERED BY THE CALIFORNIA DEPARTMENT
OF TAX AND FEE ADMINISTRATION
THE PEOPLE OF THE CITY OF ARCADIA, CALIFORNIA DO HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. Part 5.5 is hereby added to Chapter 6 (Taxes) of Article II
(Administration) of the Arcadia Municipal Code to read as follows:
"CHAPTER 6. TAXES
Part 5.5 — LOCAL TRANSACTIONS AND USE TAX
2655. Title. This Part shall be known as the Arcadia Transactions and Use Tax
Ordinance. The City of Arcadia hereinafter shall be called "City." This Part shall be
applicable in the incorporated territory of the City.
2655.1. Operative Date. "Operative Date" means the first day of the first calendar
quarter commencing more than 110 days after the effective date of this Part, the effective
date being as set forth below.
2655.2. Purpose. This Part is adopted to achieve the following, among other purposes,
and directs that the provisions hereof be interpreted in order to accomplish those
purposes:
A. To impose a retail transactions and use tax in accordance with the
provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Cal. Revenue
and Taxation Code and § 7285.9 of Part 1.7 of Division 2 which authorizes the City to
adopt this tax chapter which shall be operative if a majority of the electors voting on the
measure vote to approve the imposition of the tax at an election called for that purpose.
B. To adopt a retail transactions and use tax ordinance that incorporates
provisions identical to those of the Sales and Use Tax Law of the State of California
insofar as those provisions are not inconsistent with the requirements and limitations
contained in Part 1.6 of Division 2 of the Cal. Revenue and Taxation Code.
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C. To adopt a retail transactions and use tax ordinance that imposes a tax and
provides a measure therefore that can be administered and collected by the California
Department of Tax and Fee Administration in a manner that adapts itself as fully as
practicable to, and requires the least possible deviation from, the existing statutory and
administrative procedures followed by the California Department of Tax and
Fee Administration in administering and collecting the California State Sales and Use
Taxes.
D. To adopt a retail transactions and use tax ordinance that can be
administered in a manner that will be, to the greatest degree possible, consistent with the
provisions of Part 1 .6 of Division 2 of the Cal. Revenue and Taxation Code, minimize the
cost of collecting the transactions and use taxes, and at the same time, minimize the
burden of record keeping upon persons subject to taxation under the provisions of this
ordinance.
2655.3. Contract with State. Prior to the operative date, the City shall contract with the
California Department of Tax and Fee Administration to perform all functions incident to
the administration and operation of this transactions and use tax ordinance; provided, that
if the City shall not have contracted with the California Department of Tax and Fee
Administration prior to the operative date, it shall nevertheless so contract and in such a
case the operative date shall be the first day of the first calendar quarter following the
execution of such a contract.
2656. Transactions Tax Rate. For the privilege of selling tangible personal property at
retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at
the rate of three-quarters percent (3/4%) of the gross receipts of any retailer from the sale
of all tangible personal property sold at retail in said territory on and after the operative
date of this ordinance.
2656.1. Place of Sale. For the purposes of this ordinance, all retail sales are
consummated at the place of business of the retailer unless the tangible personal property
sold is delivered by the retailer or his agent to an out-of-state destination or to a common
carrier for delivery to an out-of-state destination. The gross receipts from such sales shall
include delivery charges, when such charges are subject to the state sales and use tax,
regardless of the place to which delivery is made. In the event a retailer has no permanent
place of business in the State or has more than one place of business, the place or places
at which the retail sales are consummated shall be determined under rules and
regulations to be prescribed and adopted by the California Department of Tax and Fee
Administration.
2657. Use Tax Rate. An excise tax is hereby imposed on the storage, use or other
consumption in the City of tangible personal property purchased from any retailer on and
after the operative date of this ordinance for storage, use or other consumption in said
territory at the rate of three-quarters percent (3/4%) of the sales price of the property. The
sales price shall include delivery charges when such charges are subject to state sales
or use tax regardless of the place to which delivery is made.
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2658. Adoption of Provisions of State Law. Except as otherwise provided in this
ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of
Division 2 of the Cal. Revenue and Taxation Code, all of the provisions of Part 1
(commencing with Section 6001) of Division 2 of the Cal. Revenue and Taxation Code
are hereby adopted and made a part of this chapter as though fully set forth herein.
2658.1. Limitations on Adoption of State Law and Collection of Use Taxes.
In adopting the provisions of Part 1 of Division 2 of the Cal. Revenue and Taxation Code:
A. Wherever the State of California is named or referred to as the taxing
agency, the name of this City shall be substituted therefor. However, the substitution
shall not be made when:
1. The word "State" is used as a part of the title of the State Controller,
State Treasurer, State Victim Compensation and Government Claims Board, State
Treasury, or the Constitution of the State of California;
2. The result of that substitution would require action to be taken by or
against this City or any agency, officer, or employee thereof rather than by or against the
California Department of Tax and Fee Administration, in performing the functions incident
to the administration or operation of this chapter.
3. In those sections, including, but not necessarily limited to sections
referring to the exterior boundaries of the State of California, where the result of the
substitution would be to:
a. Provide an exemption from this tax with respect to certain sales,
storage, use or other consumption of tangible personal property which would not
otherwise be exempt from this tax while such sales, storage, use or other consumption
remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Cal.
Revenue and Taxation Code, or;
b. Impose this tax with respect to certain sales, storage, use or other
consumption of tangible personal property which would not be subject to tax by the state
under the said provision of that code.
4. In §§ 6701, 6702 (except in the last sentence thereof), 6711, 6715,
6737, 6797 or 6828 of the Cal. Revenue and Taxation Code.
B. The word "City" shall be substituted for the word "State" in the phrase
"retailer engaged in business in this State" in § 6203 of the Cal. Revenue and Taxation
Code and in the definition of that phrase in § 6203.
2658.2. Permit Not Required. If a seller's permit has been issued to a retailer under §
6067 of the Cal. Revenue and Taxation Code, an additional transactor's permit shall not
be required by this ordinance.
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2658.3. Exemptions and Exclusions.
A. There shall be excluded from the measure of the transactions tax and the
use tax the amount of any sales tax or use tax imposed by the State of California or by
any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales
and Use Tax Law or the amount of any state-administered transactions or use tax.
B. There are exempted from the computation of the amount of transactions tax
the gross receipts from:
1 . Sales of tangible personal property, other than fuel or petroleum
products, to operators of aircraft to be used or consumed principally outside the county in
which the sale is made and directly and exclusively in the use of such aircraft as common
carriers of persons or property under the authority of the laws of this State, the United
States, or any foreign government.
2. Sales of property to be used outside the City which is shipped to a
point outside the City, pursuant to the contract of sale, by delivery to such point by the
retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee
at such point. For the purposes of this section, delivery to a point outside the City shall
be satisfied:
a. With respect to vehicles (other than commercial vehicles)
subject to registration pursuant to Chapter 1 (commencing with § 4000) of Division 3 of
the Cal. Vehicle Code, aircraft licensed in compliance with § 21411 of the Public Utilities
Code, and undocumented vessels registered under Division 3.5 (commencing with §
9840) of the Cal. Vehicle Code by registration to an out-of-City address and by a
declaration under penalty of perjury, signed by the buyer, stating that such address is, in
fact, his or her principal place of residence; and
b. With respect to commercial vehicles, by registration to a place
of business out-of-City and declaration under penalty of perjury, signed by the buyer, that
the vehicle will be operated from that address.
3. The sale of tangible personal property if the seller is obligated to
furnish the property for a fixed price pursuant to a contract entered into prior to the
operative date of this ordinance.
4. A lease of tangible personal property which is a continuing sale of
such property, for any period of time for which the lessor is obligated to lease the property
for an amount fixed by the lease prior to the operative date of this ordinance.
5. For the purposes of paragraphs (B)(3) and (4) of this section, the sale
or lease of tangible personal property shall be deemed not to be obligated pursuant to a
contract or lease for any period of time for which any party to the contract or lease has
the unconditional right to terminate the contract or lease upon notice, whether or not such
right is exercised.
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C. There are exempted from the use tax imposed by this ordinance, the
storage, use or other consumption in this City of tangible personal property:
1. The gross receipts from the sale of which have been subject to a
transactions tax under any state-administered transactions and use tax ordinance.
2. Other than fuel or petroleum products purchased by operators of
aircraft and used or consumed by such operators directly and exclusively in the use of
such aircraft as common carriers of persons or property for hire or compensation under
a certificate of public convenience and necessity issued pursuant to the laws of this State,
the United States, or any foreign government. This exemption is in addition to the
exemptions provided in §§ 6366 and 6366.1 of the Cal. Revenue and Taxation Code.
3. If the purchaser is obligated to purchase the property for a fixed price
pursuant to a contract entered into prior to the operative date of this ordinance.
4. If the possession of, or the exercise of any right or power over, the
tangible personal property arises under a lease which is a continuing purchase of such
property for any period of time for which the lessee is obligated to lease the property for
an amount fixed by a lease prior to the operative date of this ordinance.
5. For the purposes of paragraphs (C)(3) and (4) of this section,
storage, use, or other consumption, or possession of, or exercise of any right or power
over, tangible personal property shall be deemed not to be obligated pursuant to a
contract or lease for any period of time for which any party to the contract or lease has
the unconditional right to terminate the contract or lease upon notice, whether or not such
right is exercised.
6. Except as provided in paragraph (C)(7), a retailer engaged in
business in the City shall not be required to collect use tax from the purchaser of tangible
personal property, unless the retailer ships or delivers the property into the City or
participates within the City in making the sale of the property, including, but not limited to,
soliciting or receiving the order, either directly or indirectly, at a place of business of the
retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary,
or person in the City under the authority of the retailer.
7. "A retailer engaged in business in the City" shall also include any
retailer of any of the following: vehicles subject to registration pursuant to Chapter 1
(commencing with § 4000) of Division 3 of the Cal. Vehicle Code, aircraft licensed in
compliance with § 21411 of the Cal. Public Utilities Code, or undocumented vessels
registered under Division 3.5 (commencing with § 9840) of the Cal. Vehicle Code. That
retailer shall be required to collect use tax from any purchaser who registers or licenses
the vehicle, vessel, or aircraft at an address in the City.
D. Any person subject to use tax under this ordinance may credit against that
tax any transactions tax or reimbursement for transactions tax paid to a district imposing,
or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Cal.
5
Revenue and Taxation Code with respect to the sale to the person of the property the
storage, use or other consumption of which is subject to the use tax.
2659. Annual Audit. By no later than December 31 of each year, the City shall cause
an independent auditor to complete a "Arcadia Transactions and Use Tax Report." Such
report shall review whether the tax revenues collected pursuant to this ordinance are
collected, managed and expended in accordance with the requirements of this chapter.
2659.1. Amendments. All amendments subsequent to the effective date of this
ordinance to Part 1 of Division 2 of the Cal. Revenue and Taxation Code relating to sales
and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of
the Cal. Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of
Division 2 of the Cal. Revenue and Taxation Code, shall automatically become a part of
this ordinance, provided however, that no such amendment shall operate so as to affect
the rate of tax imposed by this chapter.
2659.2. Enjoining Collection Forbidden. No injunction or writ of mandate or other legal
or equitable process shall issue in any suit, action or proceeding in any court against the
State or the City, or against any officer of the State or the City, to prevent or enjoin the
collection under this ordinance, or Part 1.6 of Division 2 of the Cal. Revenue and Taxation
Code, of any tax or any amount of tax required to be collected.
2659.3. Duration of Tax.
The authority to levy the tax imposed by this ordinance shall continue until this ordinance
is repealed."
SECTION 2. Pursuant to California Constitution, Article XIIIC, Section 2(b) and
Revenue and Taxation Code Section 7285.9, this ordinance was approved for placement
on the ballot by a unanimous affirmative vote of the City Council and by at least a two-
thirds affirmative vote of all members of the City Council on March 5, 2019.
SECTION 3. Once the City Council certifies passage of this ordinance by the
voters, the City Clerk shall publish the same as required by applicable law, and forward
a copy of the adopted ordinance to the California Department of Tax and Fee
Administration.
SECTION 4. If any provision of this ordinance or the application thereof to any
person or circumstances is held invalid or unconstitutional by any court of competent
6
jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or
applications, and to this end the provisions of this ordinance are declared to be severable.
The City Council, and the electorate by initiative, do hereby declare that they would have
adopted this ordinance and each section, subsection, sentence, clause, phrase, part or
portion thereof, irrespective of the fact that any one or more sections, subsections,
clauses, phrases, parts or portions thereof, be declared invalid or unconstitutional.
SECTION 5. Pursuant to Elections Code Section 9217, this ordinance shall be
deemed adopted and become effective only if approved by a majority of the eligible voters
of the City of Arcadia voting thereon, at an election to be held on June 4, 2019, and shall
take effect ten (10) days after the City Council has certified the results of that election by
resolution.
SECTION 6. The Mayor is hereby authorized to attest to the adoption of this
ordinance by signing where indicated below.
Passed, approved, and adopted by the People of the City of Arcadia on the 4th
day of June, 2019.
4cali
Mayor of the City of Arcadia
ATTEST:
s it Clerk
0 this is to certify that the foregoing is
APPROVED AS TO FORM:
N49 . a true and correct copy of the origitfaf
1� WIT
documen
))-'67C1.04,4
Si nature _. -oN Date — •l
'4""" °f• °• City Clerks office,Arcadia,Califfrni
Stephen P. Deitsch
City Attorney
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RESOLUTION NO. 7268
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA.
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE
AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TAX AND FEE
ADMINISTRATION FOR IMPLEMENTATION OF A LOCAL TRANSACTIONS
AND USE TAX
WHEREAS, on March 5, 2019, the City Council approved Ordinance No. 2361
amending the City Municipal Code and providing for a local transactions and use tax; and
WHEREAS, the California Department of Tax and Fee Administration (the
"Department") administers and collects the transactions and use taxes for all applicable
jurisdictions within the state; and
WHEREAS, the Department will be responsible to administer and collect the
transactions and use tax for the City; and
WHEREAS, the Department requires that the City enter into a "Preparatory
Agreement" and an "Administration Agreement" prior to implementation of said taxes, and
WHEREAS, the Department requires that the City Council authorize the agreements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. That the "Preparatory Agreement" attached hereto as Exhibit "A "and the
"Administrative Agreement" attached hereto as Exhibit "B" are hereby approved and the
City Manager is hereby authorized to execute each agreement.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution
[SIGNATURES ON THE NEXT PAGE]
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Passed, approved, and adopted this 20th day of August , 2019.
,010.
MSI:r of the City of Arcadia
ATTEST:
City CI:r
This is to certify that the foregoing is
�"'°k4�, a true and correct copy of the original
APPROVED AS TO FORM: document
�, Signature M/11.1)....c t�#j Date• grit-
'No-e., e
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-0" e. City Clerk's Office,Arcadia,California
Stephen P. Deitsch
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Resolution No. 7268 was passed and adopted by the City Council of the City of
Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said
Council held on the 20th day of August, 2019 and that said Resolution was adopted by the
following vote, to wit:
AYES: Amundson, Beck, Chandler, Tay, and Verlato
NOES: None
ABSENT: None
y Clerk of the City of Arcadia
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