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2F Business 2008 0728
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2F Business 2008 0728
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Last modified
7/25/2008 9:11:06 AM
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7/25/2008 9:11:05 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
7/28/2008
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_CC Agenda 2008 0728
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2008\Packet 2008 0728
Reso 2008-097
(Reference)
Path:
\City Clerk\City Council\Resolutions\2008
Reso 2008-098
(Reference)
Path:
\City Clerk\City Council\Resolutions\2008
Reso 2008-099
(Reference)
Path:
\City Clerk\City Council\Resolutions\2008
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SEC 2-18-285 Amendment or Repeal. <br />A. Chapter 2-18 of the San Leandro Municipal Code may be repealed or <br />amended by the City Council without a vote of the people. However, as required by Article <br />XIIIC of the California Constitution, voter approval is required for any amendment provision <br />that would increase the rate of any tax levied pursuant to this Ordinance. The People of the <br />City of San Leandro affirm that the following actions shall not constitute an increase of the <br />rate of a tax: <br />(1) The annual adjustment of the tax rate by the percentage of the Consumer Price <br />Index ("CPI-W ') as set forth in Section 2-18-210(B); <br />(2) The restoration of the xate of the tax to a rate that is no higher than that set by <br />this Ordinance, if the City Council has acted to reduce the rate of the tax; <br />(3) An action that interprets or clarifies the methodology of the tax, or any <br />definition applicable to the tax, so long as such interpretation or clarification (even if <br />contrary to some prior interpretation or clarification) is not inconsistent with the language of <br />this Ordinance; <br />(4) The establishment a class of persons that is exempt or excepted from the tax <br />or the discontinuation of any such exemption or exception (other than the discontinuation of <br />an exemption of an exemption or exception specifically set forth in this Ordinance); and <br />(5) The collection of the tax imposed by this Ordinance, even if the City had, for <br />some period of time, failed to collect the tax. <br />B. Upon adoption of this Ordinance, the Emergency Communication System <br />Access Tax as codified in Chapter 2-16 of the San Leandro Municipal Code shall be <br />repealed. <br />SEC 2-18-286 Severability <br />If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any <br />reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining <br />portions of this Ordinance shall nonetheless remain in full force and effect. The people <br />hereby declares that they would have adopted each section, subsection, sentence, clause, <br />phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, <br />subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or <br />unenforceable. <br />SEC 2-18-287 Ratification of Prior Fee <br />The People of the City of San Leandro hereby ratify and approve the past collection of the <br />Emergency Communication System Access Fee Ordinance Chapter 2-16 of the San Leandro <br />Municipal Code as it existed prior to the effective date of this Ordinance. <br />16 <br />
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