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ORDINANCE NO. NS-1295 <br />PAGE TWO <br /> <br /> 2. The following subsections shall be effective com- <br />mencing July 1, 1976, for the fiscal year commencing July 1, 1976 <br />and ending June 30, 1977, and for each fiscal year thereafter <br />commencing on July 1. <br /> <br /> (a) The combined total maximum of electricity, gas <br />and telephone user taxes paid by any single service user for one <br />location under this utility User Tax Code shall not exceed the <br />sum of Three Thousand Five Hundred Dollars ($3,500.00) during any <br />twelve-month period between July 1 and June 30. <br /> <br /> (b) A service user may deposit the maximum tax <br />specified in 2 (a) with the Tax Administrator during the month of <br />July of each year as payment in full and in advance of taxes due <br />under this Code for the twelve-month period commencing on the first <br />day of said month and ending on June 30 thereafter. Any service <br />user making said payment in July of any given year shall not there- <br />after be billed for any tax under this Code for said twelve-month <br />period. <br /> <br /> (c) The penalty assessment provided in Section <br />35-162 of this Code shall not be counted in computing the maximum <br />tax as provided in 2 (a). <br /> <br /> (d) Any service user paying more than the maximum <br />tax provided for in 2 (a) during the twelve-month period commenc- <br />ing July 1 and ending June 30, may claim a refund or credit for <br />such over payment in the manner provided in Section 35-164 of <br />this Code. <br /> <br /> (e) The phrase "one location" as used in 2 (a) shall <br />mean one or more contiguous sites for which the service user re- <br />ceives one or more utility billings. <br /> <br /> SECTION 3: If any section, subsection, sentence, clause, <br />phrase or portion of this ordinance is for any reason held to be <br />invalid or unconstitutional by the decision of any court of compet- <br />ent jurisdiction, such decision shall not affect the validity of <br />the remaining portions of this ordinance. The City Council of the <br />City of Santa Ana hereby declares that it would have adopted this <br />ordinance and each section, subsection, sentence, clause, phrase <br />or portion thereof irrespective of the fact that any one or more <br />sections, subsections, sentences, clauses, phrases or portions be <br />declared invalid or unconstitutional. <br /> <br /> SECTION 4: Neither the adoption of this ordinance nor <br />the repeal hereby of any ordinance shall in any manner affect the <br />prosecution for violation of ordinances, which violations were <br />committed prior to the effective date hereof, nor be construed as <br />affecting any of the provisions of such ordinance relating to the <br />collection of any such tax, license or penalty or the penal pro- <br />visions applicable to any violation thereof, nor to affect the <br />validity of any bond or cash deposit in lieu thereof, required to <br />be posted, filed or deposited pursuant to any ordinance and all <br />rights and obligations thereunder appertaining shall continue in <br />full force and effect. <br /> <br /> SECTION 5: This ordinance, inasmuch as it fixes the <br />rate of taxation for the Utility Users Tax, and provides for a tax <br />levy for the usual and current expenses of the City of Santa Ana, <br />shall take effect upon the date of its publication. <br /> <br /> <br />