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ORDINANCE NO. NS-1268 PAGE SIX Notwithstanding any of the provisions of this sub- section, however, any service supplier who determines by any means that a new or nonexempt service user is receiving service through a meter or connection exempt by virtue of an exemption issued to a previous user or exempt user of the same meter or connection, such service supplier shall immediately notify the Tax Administrator of such fact and the Tax Administrator shall conduct an investigation to ascertain whether or not the provisions of this section have been complied with and where appropriate, order the service supplier to commence collecting the tax from the nonexempt service user. Sec. 35-166. Violation; Misdemeanor. Any person violating any of the provisions of this code shall be guilty of a misdemeanor and shall be punishable thereafter by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the Orange County Jail for a period of not more than six months or by both such fine and imprisonment. SECTION 2: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivision, paragraphs, sentences, clauses or phrases be declared unconstitutional. SECTION 3: This ordinance, inasmuch as it fixes the rate of taxation for the Utility Users Tax, and provides for a tax levy for the usual and current expenses of the City of Santa Ana, shall take effect upon the date of its publication except that the tax imposed by this ordinance shall become operative and be imposed on October 1, 1975, or at the beginning of the first regular billing period on or after October 1, 1975, as provided in Section 35-160 hereof, whichever is later, and shall not apply prior to said date. SECTION 4: The Clerk of the Council shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the official newspaper of the City of Santa Ana within fifteen (15) days after its adoption. PASSED AND ADOPTED by the City Council of the City of Santa Aha at its regular meeting held on the 2nd day of September, 1975. ATTEST: