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

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(c) Satisfaction of Tax Obligation by Service Users Paying the Prior Maximum Utility Users Tax. Prior to July 1, 2015, any person who pays the maximum tax amount payable under the utility users tax pursuant to this article, as it existed prior to its amendment as provided herein, shall be deemed to have satisfied his or her obligation to pay the tax levied pursuant to this article as amended herein for the period of July 1, 2014 through June 30, 2015. (d) In the event that a final court order should determine that the election enacting this article (as amended herein) is invalid for whatever reason, or that any tax imposed under this article (as amended herein) is invalid in whole or in part, then the taxes imposed under this article, as it existed prior to its amendment as provided herein, shall automatically continue to apply with respect to any service for which the tax levied pursuant to this article has been determined to be invalid. Such automatic continuation shall be effective beginning as of the first date of service (or billing date) for which the tax imposed by this article is not valid. However, in the event of an invalidation, any tax (other than a tax that is ordered refunded by the court or is otherwise refunded by the city) paid by a person with respect to a service and calculated pursuant to this article (as amended herein) shall be deemed to satisfy the tax imposed under this article, as it existed prior to its amendment as provided herein, on that service, so long as the tax is paid with respect to a service provided no later than six months subsequent to the date on which the final court order is published. SECTION 15: Section 35 -182 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Sec. 35 -182. Ratification of Prior Tax. The voters of the City of Santa Ana hereby ratify and approve the past collection of the Utility Users Tax as imposed by Chapter 35, Article VI, of the Santa Ana Municipal Code as it existed prior to the effective date of this Ordinance. SECTION 16: Section 35 -183 to 35 -199 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Secs. 35- 183 -35 -199. Reserved. SECTION 17: 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 competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The People of the City of Santa Ana hereby declare that they 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.