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ARA-1994-001ORDINANCE NO. 1994-01 AMENDMENT TO ORDINANCE NO 1993-01 OF THE ANAHEIM REDEVELOPMENT AGENCY ENACTING A SALES AND USE TAX WHEREAS, the Anaheim Redevelopment Agency (the "Agency") is a public body, corporate and politic, organized and existing under the Redevelopment Law of the State of California (Part 1 of Division 24 of the Health and Safety Code of the State of California); and WHEREAS, the City Council of the City of Anaheim (the "City") has 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, the City Council duly passed and adopted on the 3rd day of April, 1990, Ordinance No. 5155 entitled "An Ordinance Amending Ordinance No. 1052, 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 Determinations in Connection Therewith" (Ordinances 1052 and 5155 are collectively referred to as the "City Sales and Use Tax Ordinance"); and WHEREAS, the Agency was empowered by Section 7202.6 of the Revenue and Taxation Code of the State of California (the "Code") to adopt a sales and use tax ordinance in accordance with the provisions of Code Section 7202.6; and WHEREAS, Assembly Bill 1290, which was enacted by the State of California and became effective on January 1, 1994, repealed Section 7202.6 of the Code and thereby removed the Agency's ability to impose a sales and use tax as of January 1, 1994, but provided that such repeal of Section 7202.6 shall not impair any sales and use tax ordinance adopted prior to January 1, 1994 or the receipt of revenue pursuant to such a sales and use tax ordinance after January 1, 1994; and WHEREAS, the Agency has adopted a sales and use tax ordinance for the Plaza Redevelopment Project by Ordinance No. 1993-01, adopted on December 21, 1993 (the "Ordinance"); and WHEREAS, the legal counsel for the California State Board of Equalization has reviewed the Ordinance and has recommended changes to the Ordinance which such legal counsel characterizes as either a clarification of existing law or technical corrections which do not constitute a substantive amendment of the Ordinance; and WHEREAS, the Agency desires to make the technical and nonsubstantive corrections to the Ordinance which were suggested by the State Board of Equalization legal counsel (the "Amendment to the Ordinance"); follows' NOW THEREFORE, the Anaheim Redevelopment Agency does ordain as Section 1. Section 2(b)(5) of the Ordinance be, and the same is hereby, amended to read as follows: "There shall be exempt from the tax due under this Section the gross receipts from the sale of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the Redevelopment Project Area and the City in which the sale is made and directly and exclusively in use of that aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government." Section 2. Section 7 of the Ordinance be, and the same is hereby, amended to read as follows: "Without admitting that the Agency is a taxing entity subject to Article XIII B of the California Constitution, the Agency agrees to accept the City's transfer of appropriation limits under Article XIII B of the California Constitution as provided in Resolution No. 93R-236 of the City to the extent that the Agency receives tax proceeds from the City under the Sales Tax Agreement." Section 3. If any section, subsection, phrase or clause of this Amendment to the Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the Ordinance or of the remaining provisions of this Amendment to the Ordinance. The Agency declares that it would have retained the existing Ordinance and each section, subsection, phrase or clause thereof and of this Amendment to the Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, phrases or clauses of this Amendment to the Ordinance is declared to be invalid. Section 4. The Agency hereby ratifies the preparation of a summary of this Amendment to the Ordinance by the Agency Counsel. Pursuant to California Government Code Section 36933, the Agency Clerk shall publish within fifteen (15) days of the adoption of this amendment to the Ordinance, a summary of this Amendment to the Ordinance prepared by Agency Counsel along with the names of those Agency Members voting for and against this Amendment to the Ordinance. The Agency Clerk shall also post in the office of the Agency Clerk a certified copy of the full text of this Amendment to the Ordinance along with the names of the Agency Members voting for and against this Amendment to the Ordinance. PUBL: 13306_ 113191 B2621.1 2 ADOPTED AND APPROVED thelg~day of 3~ril, 1994. Chairing,~ ~ Anaheim Redevelopment Agency ATTEST: Secretary, Anaheim Redevelopment Agency PUBL:13306_II3191B2621.1 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, Secretary of the Anaheim Redevelopment Agency, do hereby certify that the foregoing Ordinance No. 1994-01 was passed and adopted at a regular meeting of the Anaheim Redevelopment Agency held on the 19th day of April, 1994, by the following vote of the members thereof: AYES: AGENCY MEMBERS: Simpson, Hunter, Daly NOES: AGENCY MEMBERS: None ABSENT: AGENCY MEMBERS: Feldhaus, Pickler AND I FURTHER CERTIFY that the Chairman of the Anaheim Redevelopment Agency signed said Ordinance No. 1994-01 on the 20th day of April, 1994. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 20th day of April, 1994. SECRETARY OF THE ANAHEIM REDEVELOPMENT AGENCY (SEAL)