HomeMy WebLinkAbout1991-07-02; City Council; NS-156; CMC 5.09.040 amend - CFD 1 new construction license tax credit...d.
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ORDINANCE NO NS - 15 6
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA AMENDING
TITLE 5, CHAPTER 5.09 OF THE CARLSBAD
MUNICIPAL CODE BY THE AMENDMENT OF
SECTION 5.09.040 TO PROVIDE FOR A CREDIT
AGAINST THE ADDITIONAL LICENSE TAX ON NEW
CONSTRUCTION FORPROPERTIES PARTICIPATING
IN COMMUNITY FACILITIES DISTRICT NO. 1.
WHEREAS, the City has established the Additional License Tax on New
Construction in order to provide revenue to the City General Fund to support
additional demands placed on the City by new development for the construction
of public facilities; and
WHEREAS, the City has established by Council Policy No. 17, the Public
Facilities Fee program, in order to provide funding for certain public facilities that
so they will be available with need; and
WHEREAS, since there is some duplication of facilities, section 5.09.040
of the Carlsbad Municipal Code allows any person paying the Public Facilities Fee
to receive a credit against the Additional License Tax on New Construction in an
amount equal to the Public Facilities Fee paid; and
WHEREAS, the creation of the CFD will fund some projects previously
funded from the Additional License Tax on New Construction so a credit is also
necessary to avoid a double charge,
NOW, THEREFORE, IT IS ORDAINED by the City Council of the City of
Carlsbad, California as follows:
SECTION 1. That Title 5, Chapter 5.09, Section 5.09.040 of the Carlsbad
1 Municipal Code is amended to read as follows:
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"5.09.040 Credit. A credit toward the license tax imposed by this chapter
shall be given if 1) A public facilities fee has been paid pursuant to Council Policy
No. 17 in satisfaction of an obligation under a public facilities fee agreement for
the building or structure. The amount of the credit shall be the amount of the
fee paid. For purposes of this section, the payment of a public facilities fee shall
be deemed to include any applicable credits against such fee from Community
Facilities District No. 1. 2) The property is subject to taxation under the
Community Facilities District No. 1 mount of the credit shall be determined by
the City Council and established by resolution."
6 EFFECTIVE DATE: This ordinance, being an ordinance relating to taxes
7 for usual and current expenses of the City, pursuant to Section 36937(d) of the
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Government Code shall take effect immediately upon its passage. Before the
expiration of fifteen days after its passage, this ordinance shall be published once
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in the Carlsbad Journal, a newspaper of general circulation printed and published
in the City of Carlsbad.
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Council of the City of Carlsbad, California, held on the 25th day of
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June , 1991.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad, California, held on the 2nd day of
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July , 1991, by the following vote, to wit:
20 AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaar
21 NOES: None
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ABSENT: None
ChUDE A. LEWIS, Mayor
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ATTEST:
28 (SEAL)
ALETHA L. RAUTENKRANZ, City Clerk
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