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Section 4. Section 21-121 of the Municipal Code relating to annual consumer <br />price index adjustments shall be applied to the aforementioned residential rental <br />surcharge in the same manner as it is applied to all other business license fees and <br />charges except that the residential rental surcharge imposed by this chapter shall be <br />first adjusted effective November 1, 2011, upon a base year ending with the month <br />ending October 31, 2010, and the base year residential rental surcharge rate subject to <br />adjustment shall be $19.50. Thereafter, each annual adjustment of the residential rental <br />surcharge made in accordance with section 21-121 shall assume the same base year <br />and base rate. <br />Section 5. If any section, subsection, sentence, clause, phrase or portion of this <br />ordinance is for any reason held to be invalid or unconstitutional by the decision of any <br />court of competent jurisdiction, such decision shall not affect the validity of the <br />remaining portions of this ordinance. The City Council of the City of Santa Ana hereby <br />declares that it would have adopted this ordinance and each section, subsection, <br />sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more <br />sections, subsections, sentences, clauses, phrases, or portions be declared invalid or <br />unconstitutional. <br />Section 6. Neither the adoption of this ordinance nor the repeal hereby of any <br />ordinance shall in any manner affect the prosecution for violation of ordinances, which <br />violations were committed prior to the effective date hereof, nor be construed as <br />affecting any of the provisions of such ordinance relating to the collection of any such <br />license or penalty or the penal provision applicable to any violation thereof, nor to affect <br />the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or <br />deposited pursuant to any ordinance and all rights and obligations there under <br />appertaining shall continue in full force and effect. <br />ADOPTED this day of 2011. <br />Miguel A. Pulido <br />Mayor <br />Ordinance No. NS- <br />11 B-4 Page 4 of 5