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5115a ORDINANCE NO. 5115 AN ORDINANCE AMENDING ORDINANCE NO. 1052 OF THE CITY OF ANAHEIM ENTI'T'LED "AN ORDINANCE OF THE CITY OF ANAHEIM IMPOSING A CITY SALES AND USE TAX; PROVIDING FOR THE PERFORMANCE BY THE STATE BOARD OF EQUALIZATION OF ALL FUNCTIONS INCIDENT TO THE AIM MSTRATION, OPERATION AND OOLTSCTION OF THE SALES AND USE TAX HEREBY IMPOSED; SUSPENDING THE PROVISIONS OF ORDINANCE NO. 1013 LURING SUCH TIME AS THIS ORDINANCE IS OPERATIVE; AND PROVIDING PENAI STTIFS' FOR VIOLATIONS THEREOF, " PROVIDING FOR A CREDIT AGAINST THE PAYMENT OF TAXES UNDER SAID ORDINANCE NO. 1052 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 DEI ZM NATIONS IN CONNECTION THEREWITH WAS, the City Council of the City of Anaheim duly passed and adopted on the 13th day of March, 1956, Ordinance No. 1052 entitled "An Ordinance of the City of Anaheim Imposing a City Sales and Use Tax; Providing for the Performance by the State Board of Equalization of all Functions Incident to the Administration, Operation and Collection of the Sales and Use Tax Hereby Imposed; Suspending the Provisions of Ordinance No. 1013 During Such Time as this Ordinance is Operative; and Providing Penalties for Violations Thereof;" and WHEREAS, pursuant to said Ordinance No. 1052, 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 No. 1052 by the State Board of Equalization; and WHEREAS, the City has operated under said Ordinance and said Agreement since March 13, 1956, 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 which such project area is located, enact an ordinance or an amendment to its Sales and Use Tax Ordinance which provides for a credit against sales and use taxes payable to said City, the amount of sales and use taxes due to Redevelopment Agency under its Ordinance; and w WHEREAS, the City of Anaheim has fully 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. 1052 be amended to provide for such credit; NOW, THEREMRE, the City Council of the City of Anaheim does ordain as follows: Section 1. That the recitals set forth hereinabove are true and correct in all respects. Section 2. That Ordinance No. 1052 be and the same is hereby amended by the addition of Section 2700.13. thereto, which Section 2700.13. shall provide as follows: "Section 2700.13. CREDIT AGAINST TAXES DUE AND PAYABLE TO THE 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 Redevelopment Agency, any retailer or other person 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." _ day of April , 1990. 0000, Clerk I CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5115 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 27th day of March, 1990, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 3rd day of April, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Pickler AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5115 on the 4th day of April, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 4th day of April, 1990. Afty. CITY CLERK OF THE OTY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 5115 and was published once in the Anaheim Bulletin on the 13th day of April, 1990. A4*CITY CLERK OF THE CITY OF ANAHEIM