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NS-2860
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Last modified
1/15/2015 10:58:18 AM
Creation date
12/24/2014 11:03:46 AM
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Template:
City Clerk
Doc Type
Resolution
Date
12/9/2014
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(3) The establishment a class of persons or class of service that is exempt or <br />excepted from the tax or the discontinuation of any such exemption or <br />exception (other than the discontinuation of an exemption or exception <br />specifically set forth in this article); or <br />(4) The collection of the tax imposed by this article, even if the city had, for <br />some period of time, failed to collect the tax. <br />SECTION 13: Section 35 -180 of the Santa Ana Municipal Code is hereby added <br />such that it reads as follows: <br />Sec. 35 -180. Remedies Cumulative. <br />All remedies and penalties prescribed by this article or which are available <br />under any other provision of law or equity, including but not limited to the California <br />False Claims Act (Government Code Section 12650 et seq.) and the California <br />Unfair Practices Act (Business and Professions Code Section 17070 et seq.), are <br />cumulative. The use of one or more remedies by the city shall not bar the use of any <br />other remedy for the purpose of enforcing the provisions of this article. <br />SECTION 14: Section 35 -181 of the Santa Ana Municipal Code is hereby added <br />such that it reads as follows: <br />Sec. 35 -181. Interaction with Prior Tax. <br />(a) Collection of Tax by Service Providers. Service providers shall begin to <br />collect the tax imposed by this amended article as soon as feasible after the <br />effective date of this article, but in no event later than permitted by Section <br />799 of the California Public Utilities Code. <br />(b) Satisfaction of Tax Obligation by Service Users. Prior to April 1, 2015, any <br />person who pays the tax levied pursuant to this article, as it existed prior to its <br />amendment as provided herein, with respect to any charge for a service shall <br />be deemed to have satisfied his or her obligation to pay the tax levied <br />pursuant to this article as amended herein, with respect to that charge. The <br />intent of this paragraph is to prevent the imposition of multiple taxes upon a <br />single utility charge during the transition period from the prior Utility Users' <br />Tax Code to the amended Utility Users' Tax Ordinance (which transition <br />period ends April 1, 2015) and to permit service providers or other persons <br />with an obligation to remit the tax hereunder, during that transition period, to <br />satisfy their collection obligations by collecting either tax. <br />(c) Satisfaction of Tax Obligation by Service Users Paying the Prior Maximum <br />Utility Users Tax. Prior to July 1, 2015, any person who pays the maximum <br />tax amount payable under the utility users tax pursuant to this article, as it <br />Ordinance No. NS -2860 <br />Page 10 of 13 <br />
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