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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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clarification (even if contrary to some prior interpretation or clarification) is not <br />inconsistent with the language of this article; <br />(3) The establishment a class of persons or class of service that is exempt or <br />excepted from the tax or the discontinuation of any such exemption or exception <br />(other than the discontinuation of an exemption or exception specifically set forth <br />in this article); or <br />(4) The collection of the tax imposed by this article, even if the city had, for some <br />period of time, failed to collect the tax. <br />SECTION 13: Section 35 -180 of the Santa Ana Municipal Code is hereby added such <br />that it reads as follows: <br />Sec. 35 -180. Remedies Cumulative. <br />All remedies and penalties prescribed by this article or which are available under any <br />other provision of law or equity, including but not limited to the California False Claims Act <br />(Government Code Section 12650 et seq.) and the California Unfair Practices Act (Business <br />and Professions Code Section 17070 et seq.), are cumulative. The use of one or more <br />remedies by the city shall not bar the use of any other remedy for the purpose of enforcing <br />the provisions of this article. <br />SECTION 14: Section 35 -181 of the Santa Ana Municipal Code is hereby added such <br />that it reads as follows: <br />Sec. 35 -181. Interaction with Prior Tax. <br />(a) Collection of Tax by Service Providers. Service providers shall begin to collect the <br />tax imposed by this amended article as soon as feasible after the effective date of <br />this article, but in no event later than permitted by Section 799 of the California <br />Public Utilities Code. <br />(b) Satisfaction of Tax Obligation by Service Users. Prior to April 1, 2015, any person <br />who pays the tax levied pursuant to this article, as it existed prior to its amendment <br />as provided herein, with respect to any charge for a service shall be deemed to have <br />satisfied his or her obligation to pay the tax levied pursuant to this article as <br />amended herein, with respect to that charge. The intent of this paragraph is to <br />prevent the imposition of multiple taxes upon a single utility charge during the <br />transition period from the prior Utility Users' Tax Code to the amended Utility Users' <br />Tax Ordinance (which transition period ends April 1, 2015) and to permit service <br />providers or other persons with an obligation to remit the tax hereunder, during that <br />transition period, to satisfy their collection obligations by collecting either tax. <br />(c) Satisfaction of Tax Obligation by Service Users Paying the Prior Maximum Utility <br />Users Tax. Prior to July 1, 2015, any person who pays the maximum tax amount <br />payable under the utility users tax pursuant to this article, as it existed prior to its <br />amendment as provided herein, shall be deemed to have satisfied his or her <br />Ordinance No. NS -XXX <br />Page 9 of 11 <br />50A -27 <br />
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