CC - 2007-40 - Tax Sharing Agreement with Baldwin Parki 0
RESOLUTION: 2007- 40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
APPROVING THE FIRST AMENDED AND RESTATED TAX SHARING
AGREEMENT WITH THE CITY OF BALDWIN PARK AND AUTHORIZING
THE MAYOR TO EXECUTE THE TAX SHARING AGREEMENT AND THE
SETTLEMENT AGREEMENT (LAIDLAW'S HARLEY DAVIDSON)
WHEREAS, in response to a writ of mandate issued in an action entitled City of
Rosemead v. City of Baldwin Park, LASC No. BS 081365, the cities of Rosemead and
Baldwin Park entered into an AGREEMENT BETWEEN THE CITY OF BALDWIN PARK
AND THE CITY OF ROSEMEAD FOR THE SHARING OF SALES TAX REVENUE
GENERATED BY LAIDLAW'S HARLEY DAVIDSON SALES, INC. MOTORCYCLE
DEALERSHIP;
WHEREAS, subsequent to entering into the Agreement, a dispute arose between
the cities regarding the interpretation of the Agreement and the City of Rosemead filed a
subsequent lawsuit against the City of Baldwin Park, LASC No. BC 367064;
WHEREAS, the cities have decided to settle the Agreement by executing the
Settlement Agreement attached hereto as Exhibit A and the First Amended and Restated
Tax Sharing Agreement ("Amended Agreement") attached hereto as Exhibit B;
WHEREAS, the City Council of the City of Baldwin Park have authorized
execution of these agreements;
WHEREAS, the Amended Agreement is designed to effectuate the tax sharing
formula dictated by the provisions of Health and Safety Code Section 33426.7 as it
existed at the time that Laidlaw's Harley Davidson relocated from the City of Rosemead
to the City of Baldwin Park with assistance from the Baldwin Park Redevelopment
Agency.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD
HEREBY RESOLVES AS FOLLOWS:
Section 1. The Amended Agreement and the Settlement Agreement are hereby
approved and the Mayor is authorized to execute the agreements on behalf of
the City of Rosemead.
Section 2. This Resolution shall take effect immediately.
ATTACHMENT B
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PASSED, APPROVED AND ADOPTED by no less than a two-thirds vote this 25th day
of September 2007.
John Tran
MAYOR
J.' C, azd9t
Nina Castruita,, -
City Clerk;. -
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Nina Castruita, City Clerk of the City of Rosemead, do hereby certify that the
foregoing Resolution No. 2007-40 being:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD APPROVING THE FIRST AMENDED AND RESTATED
TAX SHARING AGREEMENT WITH THE CITY OF BALDWIN
PARK AND AUTHORIZING THE MAYOR TO EXECUTE THE TAX
SHARING AGREEMENT AND THE SETTLEMENT AGREEMENT
(LAIDLAW'S HARLEY DAVIDSON)
was duly and regularly approved and adopted by the Rosemead City Council on the 25th
of September 2007, by the following vote to wit:
Yes: Clark, Low, Nunez, Taylor, Tran
No: None
Absent: None
Abstain: None
O
Castruita
City Clerk