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7-11-77
ORDINANCE NO. NS- 1375
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING SECTION 35-167 OF THE SANTA
ANA MUNICIPAL CODE TO REDUCE TO $3,000
THE MAXIMUM AMOUNT PAYABLE UNDER THE
UTILITY USERS TAX.
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
SECTION 1: That Section 35-167 of the Santa Aha Municipal
Code is hereby amended to read as follows:
SEC. 35-167 Maximum amount ~a~able under the Utility
Users Tax.
1. The following subsections shall be effective commencing
July 1, 1977, for the fiscal year commencing July 1, 1977 and end-
ing June 30, 1978, and for each fiscal year thereafter commencing
on July 1.
(a) The combined total maximum of electricity,
gas and telephone user taxes paid by any single service
user for one location under this Utility User Tax Code
shall not exceed the sum of Three Thousand Dollars
($3,000.00) during any twelve-month period between July
1 and June 30.
(b) A service user may deposit the maximum tax
specified in subsection (a) with the Tax Administrator
during the month of July of each year as payment in full and
in advance of taxes due under this Code for the twelve-
month period commencing on the first day of said month
and ending on June 30 thereafter. Any service user making
said payment in July of any given year shall not there-
after be billed for any tax under this Code for said
twelve-month period.
(c) The penalty assessment provided in Section
35-162 of this Code shall not be counted in computing
the maximum tax as provided in subsection (a).
(d) Any service user paying more than the maximum
tax provided for in subsection (a) during any twelve-
month period commencing July 1 and ending June 30, may
claim a refund or credit for such over payment in the
manner provided in Section 35-164 of this Code.
(e) The phrase "one location" as used in subsection
(a) shall mean one or more contiguous sites for which the
service user receives.one or more utility billings.
SECTION 2: If any section, subsection, sentence, clause,
phrase, or portion of this ordinance is for any reason held to be
invalid or unconstitutional by the decision of any court of compe-
tent jurisdiction, such decision shall not affect the validity of
the remaining portions of this ordinance. The City Council of the
City of Santa Ana hereby declares that it would have adopted this
ordinance and each section, subsection, sentence, clause, phrase,
or portion thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases or portions be
declared invalid or unconstitutional.
ORDINANCE NO. NS- 1375
PAGE TWO
SECTION 3: Neither the adoption of this ordinance nor
the repeal hereby of any ordinance shall in any manner affect the
prosectuion for violation of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as
affecting any of the provisions of such ordinance relating to the
collection of any such tax, license or penalty or the penal pro-
visions applicable to any violation thereof, nor to affect the
validity of any bond or cash deposit in lieu thereof, required to
be posted, filed or deposited pursuant to any ordinance and all
rights and obligations thereunder appertaining shall continue in
full force and effect.
ADOPTED, this 15th day of Au§ust , 1977
by the following vote:
AYES, Ward, Brandt, Bricken, 0rtiz
COUNCILMEN:
NOES, COUNCILMEN: Yamamoto, Evans
ABSENT, COUNCILMEN: Garth(
ATTEST: ~
I=LORENCE I, MALON~ .
~LERK OF THE COUNCIL
MAYOR
APPROVED AS TO FORM:
KEITH L. GOW
CITY ATTORNEY