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HomeMy WebLinkAbout89-11 CC ResolutionRESOLUTION NO. 89-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA PROVIDING FOR ALL FUNCTIONS INCIDENT TO THE ADMINISTRATION AND OPERATION OF LOCAL SALES AND USE TAXES, AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE STATE BOARD OF EQUALIZATION WITH RESPECT THERETO THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA DOES RESOLVE AS FOLLOWS: Section 1. The Mayor of the City of Temecula, California is hereby authorized to execute, for and in behalf of the City of Temecula, an agreement with the State Board of Equalization providing for all functions incident to the administration and operation of the Uniform Local Sales and Use Tax Ordinance of the City of Temecula. A true reference to which is hereby made. ADOPTED AND APPROVED this 1st day of December, 1989. Ron J. Parks, Mayor ATTEST: Fr ank~Alesh' re~ ,C i~'~ Resos 89-11 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, F.D. Aleshire, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution NO. 89-11 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 1st day of December, 1989, by the following roll call vote. AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks NOES: 0 C OUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Frank Aleshire, City Clerk Resos 89-11 City of Temecula AGREEMEN'F FOR STATE ADMINISTRATION OF LOCAL SALES AND USE TAXES To carry out Part 1.5 of Division 2 of the Revenue and Taxation Code and the sales and use tax ordinance of the City hereinabove designated, hereinafter called the City, copy of which ordinance is attached hereto, the City and the State Board of Equalization, hereinafter called the Board, do agree as follows: ARTICLE I DEFINITIONS U,,less the context requires otherwise, wherever the following terms appear in thi'. Agreement they shall be interpreted to mean the following: 1. "Local Taxes" shall mean the sales and use taxes, penalties, and interest imposed by the City under an ordinance which complies with Part 1.5, Division 2, of the Revenue and Taxat ion Code. 2. "Conforming Taxing Jurisdiction" shall mean any county, city, or city and county ot li~is State which has adopted a sales and use tax ordinance of the kind described in Part 1.5 Division 2 of the Revenue and Taxation Code and which has entered intoa contract with the State Board of Equalization to perform all functions incident to the administration and operation of the ordinance. 3. "City Ordinance" shall mean the U,iform City Sates and Use Tax Ordinance attached hereto, as amended from time to time. ARTICLE 11 ADMINISTRATION AND COLLECTION OF LOCAL TAXES A. Administration. 'l'he Board and the City agree that the Board shall perform ex- clusively all functions incfdent to the administration and operation of the City ordinance. B. Other applicable laws. Tile City agrees that all provisions of law applicable to the administration and operation of the State Sales and Use Tax Law shall be applicable to the administration and operation of the City ordinance and that money collected pursuant to the City ordinance may be deposited in the State Treasury to the credit of the Retail Sales Tax Fund amt tony be drawn from that Fund for the purpose of making refunds, for the purpose of compensating and reimbursing the Board pursuant to Article IV of this Agreement and for the purpose of trans- mirting to the City the amount to which the City is entitled. C. Transmittal of money. Except as otherwise provided herein, all local taxes collected under the provisions of the City ordinance shall be transmitted to the City periodicall:,, a~ promptly as feasible. Such transmittals shall be made at least twice in each calendar quarter. Transinitials may be made by mail or by deposit to the account of the City in a bank in Sacra- mento designated by the City. A statement shall be furnished indicating the amount withheidi pursuant to Article IV of this agreement. D. Rules. The Board shall prescribe and adopt such rules and regulations as in its iudgmt'nt ;Itc necessary ,,r desirable for the administration and operation of the City ordinanct. and the distribution of the local taxes collected thereu.der. BT.527 RIFV 5 (11.74) ' i':. Prel'creoce. Unless the payer instructs otherwi.se and except as otherwise provided in ~lsis Agreement, the Board sisall give no prefere,~ce in applying money received for sales and use ~,xcs owed by a taxpayer but sisall apply ,11 monies collected to the satisfaction of the claims of the State and the claims of tim City as their intc,'¢~ts appear. F. Security. 'File Board agrees that any security which it hereafter requires to be fur- hishod under the State Sales and Use Tax Law will bc upo,i such ter,ns that it also will be available for the payment of the claims o~ the (Sty lot local ~axes owing to it as its intere.s~ a?pears. The Board shall not be required to change the ~erms of any security now held by it and ~he (iity shall not participate i,~ any security now held by the Board. G. Nanms of sellers. The 13oard agrees tolurnish the names, addresses, account hum- be. rs, and the business classification codes oi MI sellers holding sellers' permits within the II. Records of the I~oard shall permit and use tax records of I~oard pursuant to this P, oard's records shall salc's nnd use laxcs by tile Board. When requested by resolution of tile City Council of the City. any duly authorized officer or umployce of the City to examine the salc. s the Board pertaining to sales and use taxes collected for the City by the Agreement. Information obtained by ~he City from tl~e examination of thu be used by the (~i~y only for purlmsC. s rclatet~ to the collection of Iocnl the Board pursuant to this Agreement. 1. City tax rate. The City agrees that any change in the rate of its conforming local .,,,tic>, and use tax will be made effective at the beginning ola calendar quarter and that it will give the Board at least two months' notice thereel and that it will also give notice to the [3oard el Snpervisors of tile County in which the City lies. J. Annexation. The City agrees that the Board shall not be required to give effect to an annc. xation. for the purpose of collectlug and dist.rihuting city sales and use taxes, earlier than ~hc lirst day of the calendar quarter which commences not less than two months after notice to Ihe Board. The nmice shall include two maps ,ff the annexed area together with the address ,,I ~h~. property ncares~ to ~he extended city boundary on every street crossing that boundary. ARTICI.E 111 ALLOCATION OF TAX A. Deficiency determination. All local taxes collected as a result o'f determinations or billings made by the Board, and all amounts refunded or credited may be distributed or charged to ~hc respective coolerming taxing jurisdictions in the same ratio as the taxpayer's self- ,It. el.trod local tax tot the period lot which the determination, billing, refund, or credit applies. B. Allocation. When tile 1oc-al tax is collected from or refunded or credited to the following: (1) Retailers having traveling sellers' permits or certificates of authority to collect use tax issued hy the Board; (2) Persons regarded by the Board as retailers pursuant roSeorion6015 of the Reve- nue and Taxation Code; (3) Persons tor whom no continuing account number was active at the date of pay- merit; or (4) Other retailers or purcl,asers having no permane,it place of business within the State as determined by the Board; B'r 527 REV. 5 ~11-74) - 2 - or when the local tax is collected by way of deduction from, or when a refund of local tax is made in conjunction with, re'funds of motor vehicle fuel license taxes, or when local tax is col- lected and direct allocation is impractical, the Board may distribute or charge such local tax to all conforming taxing jurisdictions in the county in which the sale or use occurred using the' ratios reflected by the distribution of taxes collected from all other taxpayers in that county. To the extent that this cannot be done in a manner consistent with the economic and efficient p('rlormanc¢ of the tillties of the Board under the Revenue and Taxation Code and the provisibns .f this Agreeme.t, the Board may distribute or charge such local tax to all conforming taxin~ jurisdictions of this State using the ratios reflected by the distribution of taxes collected from ,all o~her taxlmycr.'4 in the State. I. maki.R allocatio.s u.der this paragraph county tax imposed ~t a rate m excess of I percent shall be excluded. C. Vehicles, Vessels, and Aircraft. For the purposes of allocating local tax witt~ respect to vehich/s required to be registered or identified under the Vehicle Code, and ~ith respect ~o vessels and aircraft, the address of the registered owner appearing upon the applica- tion for registration or identification may be used by the Board in determining the city of use. To tile exte.t this cannot be done in a manner consiste.t with the economic and efficient perfor- mance of the duties of the Board under the Revenue and Taxation Code and this Agreement. the Board may allocate tax with respect to such vehicles, vessels, and aircraft in the manner pro- videtl in Paragraph B of this Article. ARTICLE IV COMPENSATION The City agrees to pay the Board as the Board;s cost of administering the City ordi- nances snch amount as is provided by law. Such amounts shall be deducted from the taxes collcctcd by the Board for tile City. ARTICLE V ~ISCELLANEOUS PROVISIONS A. Communications. Communications and notices may be sent by first-class United States flail. A notification is complete when deposited in the mail. Communications and notices to be sent to the Board shall be addressed to: ; State Board of Equalization P.O. Box 1799 Sacramento,. Califor.ia 95808 Attention: Executive Secretary (:mnmu.ications anti notices to be sent to the City shall be addressed to: City of Temecula P.O. Box 3000 Temecula, CA 92390 BT-527 REV.5 (11-74) - 3 - B. Term. The date of this Agreement i~ the date on which it is approved by the De- partment of General Services. The Agreement shall take effect on the first day of the calendar qua.or next succeeding the date oi such approval, but in no case before the operative date of Ihe (iity ordinance, norone day other than the first day of a calendar quarter. This Agreement ~hall conrinue until Septemher 30 next following the operative date of the City ordinance, and ~hall thereafter be renewed automatically from year to year unless o.e of the parties gives wri~c..otice of termination at least ~wo months before the end of the term. The Board may ter- mi.a,c' ~his Agreement in the manner provided by law. STATE BOARD OF EQUALIZATION By l~xecutive Secretary CITY OF TEMECULA ! (~ignaturu on this line) Ronald J. Parks (Type name here) Mayor (Type title here) BT.527 REV. 5 (11-74)