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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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City Clerk
Doc Type
Resolution
Date
12/9/2014
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existed prior to its amendment as provided herein, shall be deemed to have <br />satisfied his or her obligation to pay the tax levied pursuant to this article as <br />amended herein for the period of July 1, 2014 through June 30, 2015. <br />(d) In the event that a final court order should determine that the election enacting <br />this article (as amended herein) is invalid for whatever reason, or that any tax <br />imposed under this article (as amended herein) is invalid in whole or in part, <br />then the taxes imposed under this article, as it existed prior to its amendment <br />as provided herein, shall automatically continue to apply with respect to any <br />service for which the tax levied pursuant to this article has been determined to <br />be invalid. Such automatic continuation shall be effective beginning as of the <br />first date of service (or billing date) for which the tax imposed by this article is <br />not valid. However, in the event of an invalidation, any tax (other than a tax <br />that is ordered refunded by the court or is otherwise refunded by the city) paid <br />by a person with respect to a service and calculated pursuant to this article (as <br />amended herein) shall be deemed to satisfy the tax imposed under this article, <br />as it existed prior to its amendment as provided herein, on that service, so long <br />as the tax is paid with respect to a service provided no later than six months <br />subsequent to the date on which the final court order is published. <br />SECTION 15: Section 35 -182 of the Santa Ana Municipal Code is hereby added <br />such that it reads as follows: <br />Sec. 35 -182. Ratification of Prior Tax. <br />The voters of the City of Santa Ana hereby ratify and approve the past <br />collection of the Utility Users Tax as imposed by Chapter 35, Article VI, of the Santa <br />Ana Municipal Code as it existed prior to the effective date of this Ordinance. <br />SECTION 16: Section 35 -183 to 35 -199 of the Santa Ana Municipal Code is <br />hereby amended such that it reads as follows: <br />Secs. 35- 183 -35 -199. Reserved. <br />SECTION 17: If any section, subsection, sentence, clause, phrase or portion of <br />this ordinance is for any reason held to be invalid or unconstitutional by the decision of <br />any court of competent jurisdiction, such decision shall not affect the validity of the <br />remaining portions of this ordinance. The People of the City of Santa Ana hereby <br />declare that they would have adopted this ordinance and each section, subsection, <br />sentence, clause, phrase or portion thereof irrespective of the fact that any one or more <br />sections, subsections, sentences, clauses, phrases, or portions be declared invalid or <br />unconstitutional. <br />SECTION 18: Neither the adoption of this ordinance nor the repeal hereby of <br />any ordinance shall in any manner affect the prosecution for violation of ordinances, <br />which violations were committed prior to the effective date hereof, nor be construed as <br />Ordinance No. NS -2860 <br />Page 11 of 13 <br />
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