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HomeMy WebLinkAboutNS-1274 Not Adopted- NOT ADOPTED 9/2/75 CJL:po 7-23-75 ORDINANCE NO. NS- 1274 AN ORDINANCE OF THE CITY OF SANCTA ANA AMENDING ARTICLE VI OF CHAPTER 35 OF THE SANTA ANA MUNICIPAL CODE BY ADDING SECTION 35-167 PROVIDING FOR A AMOUNT PAYABLE UNDER THE UTILITY USE TAX THE CITY COUNCIL OF THE CITY OF ORDAIN AS FOLLOWS: ~A DOES SECTION 1: The City Council Ana hereby finds and determines that a maximum amount payable under contribute to the preservation welfare of the City of Santa presence of large utility goods and service to the re tribute greatly to the required for the purpose Utility Users Tax, and for levy for the usual and cu~ Santa Ana. the City of Santa establishment of Uti .ity Users Tax will th, safety and ging the continued provide valuable jobs, of the City and who con- base. This ordinance is ~ the rate of taxation for the .urpose of providing a tax expenses of the City of SECTION 2: VI, Chapter 35 of to read as follows: is hereby added to Article Municipal Code Section 35-167 Sec. 35- Users Tax · imum amount payable under the Utility 1. The following ~ctions shall be effective only during the fiscal year commencJ g July 1, 1975, and ending June 30, 1976. and tel. one locatic the sum of during the ombined total maximum of electricity, gas taxes paid by any single service user for this Utility User Tax Code shall not exceed Seven Hundred and Fifty Dollars ($3,750.00) 1 year July 1, 1975 to June 30, 1976. Adminis in fiscal making th payment for any 1975 A service user may deposit the sum of Thirty and Fifty Dollars ($3,750.00) with the Tax during the month of October of 1975, as payment in advance of taxes due under this Code for the July 1, 1975 to June 30, 1976. Any service user Thirty Seven Hundred and Fifty Dollar ($3,750.00) October of 1975, shall not thereafter be billed under this Code during the fiscal year July 1, 30, 1976. 35-1~ in (c) The penalty assessment provided in Section of this Code shall not be counted in computing the Thirty Hundred and Fifty Dollar ($3,750.00) maximum as provided Section 1. (d) Any service user paying more than the Thirty Hundred and Fifty Dollar ($3,750.00) maximum provided for this Section 1 during the fiscal year July 1, 1975 to 30, 1976, may claim a refund or credit for such over payment in the manner provided in Section 35-164 of this Code. (e) The phrase "one location" as used in this Section 1 shall mean one or more contiguous sites for which the service user receives one or more utility billings. ORDINANCE NO. NS- 1274 PAGE TWO 2. The following subsections shall be effective commencing July 1, 1976 for the fiscal year July 1, 1976 ending June 30, 1977 and for each fiscal year thereafter commencing on July (a) The combined total maximum of electricity, and telephone-user taxes paid by any single service user one location under this Utility User Tax Code shall not the sum of Five Thousand Dollars ($5,000.00) during month period between July 1 and June 30. (b) A service user may deposit the sura ol Thousand Dollars ($5,000.00) with the Tax Actminist during the month of July of each year as payment in in advance of taxes due under this Code for the twelve-mo period com- mencing on the first day of said month ending June 30 thereafter. Any service user making this Dollar ($5,000.00) payment in July of any given ye~ shall not thereafter be billed for any tax under this Code for twelve-month period. (c) Th~ penalty assessment 162 of this Code shall not be counted Thousand Dollar ($5,000.00) maximura 2. in Section 35- computing the Five provided in this Section (d) Any service user p~ Thousand Dollar ($5,000.00) 2 during the twelve-month perio~ June 30, may claim a refund or in the manner provided in more than the Five provided for in this Section July 1 and ending for such over payment 35-164 of this Code. (e) The phrase "¢ Section 2 shall mean one os the service user receives location" as used in this contiguous sites for which or more utility billings. SECTION 3: sions of this Ordir shall be punishable Five Hundred Dollars Orange County Jail or by both such fin ~erson violating any of the provi- be guilty of a misdemeanor and by a fine of not more than ;500.00) or by imprisonment in the a period of not more than six months and imprisonment. SECTION clause, phrase o held to be inva any court of not affect th ordinance. declares th section, thereof i subsecti declare If any section, subsection, sentence, of this ordinance is for any reason or unconstitutional by the decision of 0etent jurisdiction, such decision shall validity of the remaining portions of this he City Council of the City of Santa Ana hereby it would have adopted this ordinance and each , sentence, clause, phrase or portion )ective of the fact that any one or more sections, sentences, clauses, phrases or portions be invalid or unconstitutional. SECTION 5: This ordinance, inasmuch as it fixes the rate~f taxation for the Utility Users Tax, and provides for a tax levy for the usual and current expenses of the City of Santa Ana, shall take effect immediately upon the date of its publication or on the date of its posting, whichever occurs first, except that the tax imposed by this ordinance shall become operative and be imposed on October 1, 1975, ORDINANCE NO. NS-1274 PAGE THREE or at the beginning of the first regular billing perio, or after October 1, 1975, as provided in Section 35-1~ the Utility Users Tax Code, whichever is later, and apply prior to said date. of not SECTION 6: The Clerk of the Council certify to the passage and adoption of this ordinance shall cause the same to be published in the official )er of the City of Santa Ana within fifteen (15) s after its adoption. PASSED AND ADOPTED by the City City of Santa Ana at its mee day of of the held on the , 1975. ATTEST: MAYOR CLERK OF THE COUNCIL STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SANTA ANA I, FLORENCE I. the Clerk of the Co the foregoing Ordi] its 1975, and was ag~ 1975, and was following vot~ · do hereby certify that I am of the City of Santa Ana; that was introduced to said Council at held on the day of considered by said Council at its held on the day of said meeting passed and adopted by the to wit: AYES, COUNCILMEN: NOES, COUNCILMEN: ABS COUNCILMEN: CLERK OF TttE CO~CIL APPROVED AS TO FORM: GOW, City Attorney