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AgdaPkt 2007-07-09
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AgdaPkt 2007-07-09
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Last modified
7/10/2007 4:37:55 PM
Creation date
7/5/2007 12:30:00 PM
Metadata
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Redevelopment Agency
Date
7/9/2007
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<br />8E <br />Page 20 <br /> <br />shall provide the city council with a written report for the immediate preceding fiscal year <br />detailing: <br /> <br />(a) the total communication users' tax collected; <br />(b) the purpose for which the communication users' tax was expended; and <br />(c) any exemptions from the communications users' tax granted by the Tax <br />Administrator and the reasons therefore. <br /> <br />The report of the Tax Administrator shall be provided to the city council subsequent to <br />the audit conducted by the independent auditor engaged by the city council for the <br />purpose of auditing Redwood City's financial records and transactions. <br /> <br />Sec.32.622. INTERACTION WITH PRIOR TAX: <br /> <br />A. Satisfaction of Tax Obligation by Service Users. Any person who pays the tax levied <br />pursuant Article VIII, Section 32.604 of this Code with respect to any charge for a <br />communication service shall be deemed to have satisfied his or her obligation to pay the <br />tax levied pursuant to Article VII, Sections 32.502 and 32.506 of this Code with respect <br />to that charge. Likewise, prior to April 1, 2008, any person who pays the tax levied <br />pursuant to Article VII, Sections 32.502 and 32.506 of this Code with respect to any <br />charge for a service shall be deemed to have satisfied his or her obligation to pay the tax <br />levied pursuant to Article VIII, Section 32.604 of this Code with respect to that charge. <br />The intent of this paragraph is to prevent the imposition of multiple taxes upon a single <br />utility charge during the transition period from the prior telephone and video users' tax to <br />the new communication users' tax (which transition period ends April 1, 2008) and to <br />permit communications service providers, during that transition period to satisfy their <br />collection obligations by collecting either tax. <br /> <br />B. Collection of Tax by Service Providers. Service providers shall begin to collect the <br />tax imposed by this Article as soon as feasible after the effective date of the Article, but <br />in no event later than permitted by Section 799 of the California Public Utilities Code. <br /> <br />Sec. 32.623. REMEDIES CUMULATIVE: <br /> <br />All remedies and penalties prescribed by this Article or which are available under any <br />other provision of law or equity, including but not limited to the California False Claims <br />Act (Government Code Section 12650 ef seq.) and the California Unfair Practices Act <br />(Business and Professions Code Section 17070 et seq.), are cumulative. The use of <br />one or more remedies by the City shall not bar the use of any other remedy for the <br />purpose of enforcing the provisions of this Article. <br /> <br />SECTION 2. Effective Date. This Article shall become effective immediately <br />upon the date that this Ordinance is confirmed and approved by the voters of Redwood <br />City at the Municipal General Election of November 6,2007. <br /> <br />SECTION 3. Amendment or Repeal. Article VIII of Chapter 32 of the <br />Redwood City Municipal Code may be repealed or amended by the City Council without <br />a vote of the people. However, as required by Article XIIIC of the California Constitution, <br />voter approval is required for any amendment provision that would exceed the maximum <br />rate of tax as previously approved by the voters in the enactment of this Ordinance. <br /> <br />ATTY/ORD/ORD.283 <br />070207 <br /> <br />16 <br />
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