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Res19 15729
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Res19 15729
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Entry Properties
Last modified
10/11/2019 8:00:55 AM
Creation date
10/11/2019 8:00:53 AM
Metadata
Fields
Template:
CC Index
CC Index - Document Type
Resolution
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
1/14/2019
Description
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDWOOD CITY 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 on November 6, 2018, voters in the City of Redwood City voted to approve an ordinance amending the Municipal Code to add Chapter 32, Article XI, providing for a local transactions and use tax; and the California Department of Tax and Fee Administration (Department) administers and collects the transactions and use taxes for all applicable jurisdictions within the state; and the Department will be responsible to administer and collect the transactions and use tax for the City; and the Department requires that the City enter into a 'Preparatory
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01/14/2019 <br />ARTICLE VI <br />ADMINISTRATION OF TAXES IF THE <br />ORDINANCE IS CHALLENGED AS BEING INVALID <br />A. Impoundment of funds. <br />1. When a legal action is begun challenging the validity of the imposition of <br />the tax, the City shall deposit in an interest-bearing escrow account, any proceeds <br />transmitted to it under <br />Article II. C., until a court of competent jurisdiction renders a final and non -appealable <br />judgment that the tax is valid. <br />2. If the tax is determined to be unconstitutional or otherwise invalid, the City <br />shall transmit to the Department the moneys retained in escrow, including any <br />accumulated interest, within ten days of the judgment of the trial court in the litigation <br />awarding costs and fees becoming final and non -appealable. <br />B. Costs of administration. Should a final judgment be entered in any court of <br />the State of California, holding that City's Ordinance is invalid or void, and requiring a <br />rebate or refund to taxpayers of any taxes collected under the terms of this Agreement, <br />the parties mutually agree that: <br />1. Department may retain all payments made by City to Department to <br />prepare to administer the City Ordinance. <br />2. City will pay to Department and allow Department to retain Department's <br />cost of administering the City Ordinance in the amounts set forth in Article IV of this <br />Agreement. <br />3. City will pay to Department or to the State of California the amount of any <br />taxes plus interest and penalties, if any, that Department or the State of California may <br />be required to rebate or refund to taxpayers. <br />4. City will pay to Department its costs for rebating or refunding such taxes, <br />interest, or penalties. Department's costs shall include its additional cost for developing <br />ATTY/RESO.0003/CC RESO AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENTS WITH CDTFA RESO. NO. 15729 <br />REV: 01-03-19 DZ MUFF NO. 305 <br />Page 9 of 10 <br />
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