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HomeMy WebLinkAbout1704 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. -1- 1704 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. ~~~-~ 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. (){.4~J/L~ City Clerk ., / -2- 1704 .~ /