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HomeMy WebLinkAbout1998-02-03; City Council; Resolution 98-26rr. 4 e m 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 98-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SUPPORTING NCTD USE TAX REFUND REQUEST The City of Carlsbad hereby notes the following facts with regard to the State Board of Equalization denial of a $2.2 million tax exemption for rail equipment purchased by the North County Transit District (NCTD): 1. The North County Transit District rail operations fall under the jurisdiction of the federal Surface Transportation Board (STB) of the Department of Transportation; 2. Operations which fall under STB jurisdiction are exempt from paying use taxes that discriminate against railroads for the purchase of rolling stock such as freight cars and engines; 3. The State Board of Equalization has denied this exemption even though it granted a $12 million exemption to the Los Angeles Metrolink system, which operates in the same fashion and purchases its equipment from the same manufactures; 4. The City concurs that various transit agencies should be treated in ar equitable manner, with no discrimination in Board of Equalization decisions; 5. Further, the refusal to grant an exemption amounts to a double tax fo San Diego residents, since the original revenue to pay for equipment was generated t tax dollars approved in a vote of the public; 6. NCTD’s limited and precious resources should be maximized to satis I ~ ’ critical transit needs locally, not added to the State’s general funds. I II -A 4 @ a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I I NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ( Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. The City of Carlsbad joins other members of NCTD in calling for approval by the State Board of Equalization of NCTD’s use tax refund and an immediate refund to the District of the funds in question. 3. That a copy of this Resolution be transmitted to the State Board of Equalization. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held on the 3rd day of February , 1998 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and H NOES: None ABSENT: None (S EAL) ~