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AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE
ARCADIA MUNICIPAL CODE BY ADDING SECTION 2671.6 TO
PART 7, CHAPTER 6, ARTICLE II THEREOF INDEFINITELY
SUSPENDING A PORTION OF UTILITY USER TAX RATE AND
REDUCING THE UTILITY USER TAX RATE FOR TELEPHONE,
ELECTRICITY AND GAS FROM 7% TO 5% FOR THE USUAL
CURRENT EXPENSES OF THE CITY OF ARCADIA.
THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The Arcadia Municipal Code is hereby amended by adding
Section 2671.6 to Part 7, Chapter 6 of Article II thereof to read as follows:
"2671.6 INDEFINITE SUSPENSION OF A PORTION OF THE UTILITY
USER TAX RATE. That notwithstanding the utility user tax rates set forth in
Sub-Sections 2671 (a), 2671.1 (a) and 2671.2 (a), of this Code, the utility user
tax rate for telephones shall be five per cent (5%) of the charges for such
telephone, the utility user tax rate for electricity shall be five per cent (5%)
of the charges for such electricity, and the utility user tax rate for gas
shall be five per cent (5%) of the charges for such gas. That during such time
as this Section of the Arcadia Municipal Code is in effect, the utility user tax
rates imposed by Sub-Sections 2671 (a), 2671.1 (a) and 2671.2 (a) over the rate
set forth in this Section, shall be suspended, and shall not be collected.
The rate set forth in this Section shall not be operative as to a service user
and the duty to collect the tax pursuant to such rate from a service user shall
not commence until the beginning of the first regular billing period applicable to
that service user which starts on or after June 3, 1980. Where a service user receives
more than one (1) billing, one or more being for different periods than another,
the rate set forth in this Section shall be operative, and the duty to collect
the tax purusant to said rate shall arise, separately for each billing period."
SECTION 2. That if the provision of Section 2671.6 of the Arcadia ~unicipal
Code, as adopted by this Ordinance, are judicially declared invalid, the full
utility user tax rates imposed by Sub-Sections 2671 (a), 2671.1 (a) and 2671.2 (a)
shall be deemed, for all purposes, to have been in full force and effect at all
times from and after June 30, 1978.
SECTION 3. That the City Council of the City of Arcadia hereby finds and
determines that this Ordinance is required for the purpose of fixing the rate of
taxation for the purpose of providing a tax levy for the usual current expenses
of the City of Arcadia.
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SECTION 4. That this Ordinance shall take effect immediately upon its adoption
pursuant to Section 419 of the Arcadia City Charter.
SECTION 5. 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 City Council of the City of
Arcadia hereby declares that it would have adopted this ordinance and each section,
subsection, sentence, clause, phr~se or portion thereof ,irrespective of the fact that
anyone or more sections. subsections, sentences, clauses} phrases or portions be
declared invalid or unconstitutional.
SECTION 6. Neither the adoption of this ordinance nor the repeal hereby of any
ordinance shall in any manner affect the prosEcution, for violEt ion of ordinances,
.,,1hich violations t..'~re committed pr~or to the effective date hereof, nor be construed
as affecting any of the provisions of such ordinance relating to the collection of any
such license or penalty 0, the penal provisions applicable to ~,y violation thereof,
nor to affect the validity of any bond or cash deposit in lieu thereof, required to
be posted, filed or deposited pursuant to any ordinance and all rights and obligations
thereunder appertaining shall continue in full force and effect.
SECTIOK 7. Tne Clerk of the Council shall certify to the passage and adoption
of this crdL~ance and shall cause the same to be published in the official ne~spaper
of the City of Arcadia within fifteen (15) days after its adoption.
PASSED AND ADOPTED BY THE CITY COlmCIL
ing held on the 3rd day of June, 1980.
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City. Clerk of the City of Arcadia
of pxcadia at its
I HERLBY CERTIFY that the foregoing ordinance ~as adDpted at a regular meeting of
the City Council of the City of Arcadia, California, held on the 3rd day of June,
1580, by the affir!:!ative vote of at least three Councilmen, to ",it:
AES:
NOES:
.~SE"N'!:
Councilmen Dring, Gilb,
None
None
Haltom, Saelid and Pellegrino.
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City Clerk
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