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50A - ORD AND RESO UUT
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04/15/2014
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50A - ORD AND RESO UUT
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4/10/2014 4:06:12 PM
Creation date
4/10/2014 3:54:34 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Finance & Management Services
Item #
50A
Date
4/15/2014
Destruction Year
2019
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Sec. 35- 159.1. Reduction in Rate. <br />The Water User Tax imposed under section 35 -159 shall be reduced from six (6) percent <br />to five and one half (51/2) percent. <br />SECTION 10: Section 35 -172 of the Santa Ana Municipal Code is hereby amended <br />such that it reads as follows: <br />Sec. 35 -172. RESERVED <br />SECTION 11: Section 35 -178 of the Santa Ana Municipal Code is hereby added such <br />that it reads as follows: <br />Sec. 35 -178. Effect of State and Federal Reference /Authorization. <br />Unless specifically provided otherwise, any reference to a State or Federal statute in <br />this article shall mean such statute as it may be amended from time to time, provided that <br />such reference to a statute herein shall not include any subsequent amendment thereto, or <br />to any subsequent change of interpretation thereto by a State or Federal agency or court of <br />law with the duty to interpret such law, to the extent that such amendment or change of <br />interpretation would require voter approval under California law, or to the extent that such <br />change would result in a tax decrease (as a result of excluding all or a part of a utility <br />service, or charge therefor, from taxation). Only to the extent voter approval would <br />otherwise be required or a tax decrease would result, the prior version of the statute (or <br />interpretation) shall remain applicable; for any application or situation that would not require <br />voter approval or result in a decrease of a tax, provisions of the amended statute (or new <br />interpretation) shall be applicable to the maximum possible extent. <br />To the extent that the city's authorization to collect or impose any tax imposed under <br />this article is expanded or limited as a result of changes in State or Federal law, no <br />amendment or modification of this article shall be required to conform the tax to those <br />changes, and the tax shall be imposed and collected to the full extent of the authorization up <br />to the full amount of the tax imposed under this article. <br />SECTION 12: Section 35 -179 of the Santa Ana Municipal Code is hereby added such <br />that it reads as follows: <br />Sec. 35 -179. No Increase in Tax Percentage or Change in Methodology Without Voter <br />Approval; Amendment or Repeal. <br />This article of the Santa Ana Municipal Code may be repealed or amended by the <br />city council without a vote of the People. However, as required by Chapter XIIIC of the <br />California Constitution, voter approval is required for any amendment provision that would <br />increase the rate of any tax levied pursuant to this article. The People of the City of Santa <br />Ana affirm that the following actions shall not constitute an increase of the rate of a tax: <br />(1) The restoration of the rate of the tax to a rate that is no higher than that set by <br />this article, if the city council has acted to reduce the rate of the tax; <br />(2) An administrative or legislative action that interprets or clarifies the methodology <br />of the tax, or any definition applicable to the tax, so long as such interpretation or <br />Resolution No. 2014 -XXX <br />Page 8 of 11 <br />50A -26 <br />
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