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Ordinance - 1905f. ORDINANCE NO--n05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY • OF WEST COVINA AMENDING WEST COVINA MUNICIPAL CODE § 21-90 TO CLARIFY ITS MEANING The City Council of the City of West Covina does ordain as follows: SECTION 1. The City Council finds as follows: (A) That by its Ordinance No. 1388, adopted June 26, 1978, the City Council provided for a constructibn tax on all newly constructed or erected, enlarged or relocated property within the City as codified in West Covina Municipal Code §21-89, et seq.; (B) That at the time of its adoption the City Council contemplated that proceeds of the tax could and would be used for capital improvements if other funds for such improvements became unavailable after implementation of Proposition 13; however, in no way was the use of such tax proceeds limited to capital improvements; (C) Construction tax proceeds have been paid into the City's general fund and have been used for operating expenses as well as for public works; (D) That the City has treated construction tax proceeds as discretionary funds for budgeting purposes and' consistent with that practice wishes to do so for maintenance of effort purposes under Proposition 111; (E) That the City Council therefore confirms the status of construction tax proceeds as set out in West Covina Municipal Code §21-89 et seq. SECTION 2. West Covina Municipal Code §21-90(a) is amended to read as follows: (a) Taxes may be used to offset the cost of public works improvements or operations and shall be assessed as follows in proportion to the construction to be cha_rp-ed_ A tax of $300 shall be paid to the Building & Safety Director for each 1,000 square feet of bed gross floor area or fraction thereof proposed for construction, erection, enlargement or relocation. SECTION 3. This changes, confirms and clarifies the existing Municipal Code Section. In the event this amendment is held to be invalid by a court of competent jurisdiction, the City Council finds that the provisions of a §21-90 in effect before this change shall continue or once again be in place and in full force and effect without interruption. • SECTION 4. ATTEST: ��.&u City Clerk Effective Date. This ordinance shall be effective 30 days from the date of its adoption. PASSED, APPROVED AND ADOPTED this 16th day of June 1992. 0 May f I HEREBY CERTIFY that the foregoing Ordinance No. RU was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 2nd; day of June, 1992. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 16th day of June . 1992, by the following vote, to wit: AYES: NOES: ABSENT: Approved as to form: dity Attorney Ord/WCtax. Councilmembers: Manners, Jennings, Herfert, McFadden, Wong Councilmembers: None Councilmembers: None City Clerk CERTIFICATION 0 I, JANET BERRY, Deputy City Clerk of the City of West Covina, State of California, do hereby certify that a true and accurate copy of Ordinance No. & OJT was published, pursuant to law, in the San Gabriel Valley Tribune, a newspaper of general circulation published and circulated in the City of West Covina. janet"Berry, City Clerk City of West Covina, California DATED: