2014-016 - Calling for the Placement of a General Tax Measure

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