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55B - RESO DEPT OF TAX AGMT MEASURE X
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01/15/2019
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55B - RESO DEPT OF TAX AGMT MEASURE X
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Last modified
1/10/2019 7:02:47 PM
Creation date
1/10/2019 6:58:03 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Finance & Management Services
Item #
55B
Date
1/15/2019
Destruction Year
2024
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B. Other Applicable Laws. City agrees that all provisions of law applicable to the <br />administration and operation of the Department Sales and Use Tax Law which are not inconsistent <br />with Part 1.6 of Division 2 of the Revenue and Taxation Code shall be applicable to the administration <br />and operation of the City Ordinance. City agrees that money collected pursuant to the City Ordinance <br />may be deposited into the State Treasury to the credit of the Retail Sales Tax Fund and may be drawn <br />from that Fund for any authorized purpose, including making refunds, compensating and reimbursing <br />the Department pursuant to Article IV of this Agreement, and transmitting to City the amount to which <br />City is entitled. <br />C. Transmittal of Money. <br />For the period during which the tax is in effect, and except as otherwise provided herein, all <br />district taxes collected under the provisions of the City Ordinance shall be transmitted to City <br />periodically as promptly as feasible, but not less often than twice in each calendar quarter. <br />2. For periods subsequent to the expiration date of the tax whether by City's self-imposed <br />limits or by final judgment of any court of the State of California holding that City's ordinance is <br />invalid or void, all district taxes collected under the provisions of the City Ordinance shall be <br />transmitted to City not less than once in each calendar quarter. <br />3. Transmittals may be made by mail or electronic funds transfer to an account of the City <br />designated and authorized by the City. A statement shall be fumished at least quarterly indicating the <br />amounts withheld pursuant to Article IV of this Agreement. <br />D. Rules. The Department shall prescribe and adopt such rules and regulations as in its <br />judgment are necessary or desirable for the administration and operation of the City Ordinance and the <br />distribution of the district taxes collected thereunder. <br />E. Preference. Unless the payor instructs otherwise, and except as otherwise provided in this <br />Agreement, the Department shall give no preference in applying money received for state sales and use <br />taxes, state -administered local sales and use taxes, and district transactions and use taxes owed by a <br />taxpayer, but shall apply moneys collected to the satisfaction of the claims of the State, cities, counties, <br />cities and counties, redevelopment agencies, other districts, and City as their interests appear. <br />(Rev. 10/17) 2 <br />55B-12 <br />
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