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HomeMy WebLinkAboutNS-1264 Not Adopted7-8-75 ORDINANCE NO. NS- 1264 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE VI OF CHAPTER 35 OF THE SANTA ANA MUNICIPAL CODE BY ADDING SECTION 35-167 PROVIDING FOR A MAXIMUM AMOUNT PAYABLE UNDER THE UTILITY USERS TAX THE CITY COUNCIL OF THE CITY OF SANTA AS FOLLOWS: DOES ORDAIN SECTION 1: The City Council of hereby finds and determines that the mum amount payable under the Utility Use: to the preservation of the health, City of Santa Ana by encouraging the large utility users who provide val vice to the residents of the City to the City's tax base. of Santa Ana of a maxi- Tax will contribute and welfare of the presence of jobs, goods and ser- contribute greatly SECTION 2: That there Chapter 35 of the Santa read as follows: Sec. Utility Users Tax added to Article VI, Pal Code Section 35-167 to amount payable under the (a) The combined and telephone-user taxes one location under this the sum of Five month period maximum of electricity, gas by any single service user for [ty User Tax Code shall not exceed llars ($5,000.00) during any twelve- and June 30. (b) A serv Thousand Dollars the month of Jul advance of period commencing June 30 thereaftez Thousand shall not~ for said :er may deposit the sum of Five $.00) with the Tax Administrator during ~ch year as payment in full and in under this Code for the twelve-month the first day of said month ending on Any service user making this Five ,000.00) payment in July of any given year be billed for any tax under this Code period. of this Thousanc tion. (c) penalty assessment provided in Section 35-162 :hall not be counted in computing the Five ar ($5,000.00) maximum as provided in this Sec- sand Del during June the Any service user paying more than the Five Thou- ($5,000.00) maximum provided for in this Section he twelve-month period commencing July 1 and ending may claim a refund or credit for such over payment in provided in Section 35-164 of this Code. ! (e) The phrase "one location" as used in this Section sha~l mean one or more contiguous s~tes for which the service uslr receives one.or more utility b~llings. / SECTION 3. Violation, misdemeanor. Any person viola- ~ing any of the provisions of this ordinance shall be guilty /of a misdemeanor and shall be punishable therefor by a fine of / not more than Five Hundred Dollars ($500.00) or by imprison- , ment in the Orange County Jail for a period of not more than six months or by such fine and imprisonment. ORDINANCE NO. PAGE TWO NS- 1264 SECTION 4: subdivision, paragraph, sentence, clause or phrase of th~ ordinance or any part thereof is for any reason held to unconstitutional, such decision shall not affect the dity of the remaining portions of this ordinance or part thereof. The City Council hereby declares that would have passed each section, subsection, subdivis paragraph, sentence, clause or phrase thereof, of the fact that any one or more sections, subsect divisions, paragraphs, sentences, clauses or phra be declared unconstitutional. Severability. If any section, subsection, sub- SECTION 5: Effective Date. This inasmuch as it fixes the rate of taxation for the Utill Users Tax, shall take effect immediately upon the date its publication or on the date of its posting, whichever oc¢ first, except that on the tax imposed by this ordinance become opera- tive and be imposed on October 1,1975, or the beginning of the first regular billing period on or af' ~r October &,1975, as provided in Section 35-160, whichever .s later, and shall not apply prior to said date. SECTION 6: The Clerk of the the passage and adoption of this ordi the same to be published in the offi City of Santa Ana within fifteen (1! shall certify to and shall cause .al newspaper of the days after its adoption. PASSED AND ADOPTED by the Santa Ana at its day of , 1975. .fy Council of the City of meeting held on the MAYOR CLERK OF THE COUNCIL STATE OF CALIFORNIA COUNTY OF ORANGE ss.: CITY OF SANTA ANA ) I, FLORENCE I Clerk of the Council.¢ going Ordinance was 1975, and was agai~ meeti~ 1975, and was at s~ lowing vote, to wi , do hereby certify that I am the the City of Santa Ana; that the fore- roduced to said Council at its on the day of , considered by said Council at its held on the day of , meeting passed and adopted by the fol- AYES: : NOES: COUNCILMEN: COUNCILMEN: APPROVED AS TO FORM: KEITH L. GOW CITY ATTORNEY CLERK OF THE COUNCIL