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Resolution - 2005-50RESOLUTION NO. 2005-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING AND DIRECTING THE EXECUTION AND DELIVERY OF A SALES AND USE TAX REIMBURSEMENT AGREEMENT, AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH • WHEREAS, pursuant to its Ordinance No. 1818, adopted July 10, 1989, the City Council of the City of West Covina (the "City") amended Article II of chapter 21 of the West Covina Municipal Code to add Sections 21-32 thereto, providing, among other things, for a credit against the payment of sales and use taxes due under such Chapter in the amount of sales and use taxes due to the Redevelopment Agency of the City of West Covina (the "Agency") under Section 7202.6 of the California Revenue and Taxation Code; and WHEREAS, the City adopted its Ordinance No. 1818 in connection with the Agency's adoption of Agency Ordinance No. 1, which provides for the levy by the Agency of sales and use tax (the "Agency Sales and Use Tax") within that portion of the Agency's redevelopment project areas (collectively, the "Project Area") commonly known as the West Covina Fashion Plaza, a regional shopping center of approximately one and one half million square feet of building area; and WHEREAS, the Agency and the City entered into their respective sales tax ordinances for the purpose of providing the Agency with a source of revenue necessary for the Agency to undertake the financing of public infrastructure improvements (the "Shopping Center Improvements") essential to the success of the West Covina Fashion Plaza; and WHEREAS, the Agency undertook the financing of the Shopping Center Improvements by means of its pledge of Agency Sales and Use Tax to the repayment of the $51,220,000 Redevelopment Agency of the City of West Covina Community Facilities District No. 1989-1 (Fashion Plaza) 1996 Special Tax Refunding Bonds (the "Agency Bonds"); and WHEREAS, the West Covina Fashion Plaza has generated Agency Sales and Use Tax payable to the West Covina Community Development Commission (the "Commission", formerly the Redevelopment Agency of the City of West Covina) and pledged to the Commission's obligations and not otherwise reimbursable to the City (the "Reimbursable Sales and Use Tax") in the amount of approximately $9.6 million from its inception through June 30, 2005, and continues to generate Reimbursable Sales and Use Tax in excess of $1.2 million per year; and WHEREAS, the Commission and the City recognize that the Reimbursable Sales and Use Tax constitutes a contribution of sales and use tax by the City for the payment of the costs of construction and acquisition of the Shopping Center Improvements, in that the City has foregone the receipt of that sales tax by adopting its Ordinance No. 1818; and WHEREAS, the Commission, under Section 33445 of the California Health and Safety Code ("Section 33445"), is authorized to reimburse the City for the cost of the installation and construction of public capital improvements initially paid for by the City (such as the Shopping Center Improvements) with the consent of and upon the making of certain determinations by the legislative body of the Agency; and WHEREAS, the Commission and the City desire that the Commmission shall reimburse to the City the cost of the Shopping Center Improvements borne by the City in the form of the Reimbursable Sales and Use Tax. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Covina as follows: Section 1. The foregoing recitals are true and correct. Resolution No.2005-50 • • July 25, 2005 Section 2. The City Council hereby finds and determines that the Shopping Center Improvements are of benefit to the Project Area; that the contribution of sales tax revenue by the City through the adoption of its Ordinance No. 1818 was necessary to the successful financing of the Shopping Center Improvements; that no other reasonable means of financing the Shopping Center Improvements was available to the community; and the payment of funds for the Shopping Center Improvements has served and continues to serve to alleviate blight within the Project Area.. • Section 3. The form of Sales Tax Reimbursement Agreement, between the Commission and the City, substantially in the form presented to this meeting, is hereby approved, with such revisions, amendments and completions as shall be approved by any one of the Mayor, the City Manager and the City Clerk of the City, and each of them, and any designee of any of them (each, an "Authorized Officer"), such approval to be conclusively evidenced by the execution and delivery thereof by an Authorized Officer. Section 4. The Authorized Officers are hereby authorized and directed to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution. Section 5. This Resolution shall take effect from and after its passage and approval. Section 6. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 25`n day of July 2005. ayor Shelley Sanderson ATTEST: i _ Gnu City Clerk/Laurie Carrico I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing resolution was duly adopted by the City Council of the City of West Covina, California, at a special meeting thereof held on the 25°i day of July 2005, by the following vote of the City Council: AYES: Herfert, Hernandez, Miller, Wong, Sanderson NOES: None ABSENT: None ABSTAIN: None i City Clerk faurie Carrico APPROVED AS TO FORM: • "A, -A�- City Attorney Arnold varez-Glasman