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Reso 2008-097
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Reso 2008-097
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7/31/2008 3:16:11 PM
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7/31/2008 3:16:10 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
7/28/2008
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2F Business 2008 0728
(Reference)
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\City Clerk\City Council\Agenda Packets\2008\Packet 2008 0728
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2-17-180 No Injunction/Writ of Mandate. <br />No injunction or writ of mandate or other legal or equitable process shall issue in any <br />suit, action, or proceeding in any court against this City or against any officer of the City <br />to prevent or enjoin the collection under this Chapter of any tax or any amount of tax <br />required to be collected and/or remitted. <br />2-17-185 Notice of changes to ordinance. <br />If a tax under this Chapter is added repealed, increased, reduced, or the tax base is <br />changed, the Tax Administrator shall follow the notice requirements of California <br />Public Utilities Code Section 799. <br />2-17-190 Effect of State and Federal Reference/Authorization. <br />Unless specifically provided otherwise, any reference to a state or federal statute in this <br />Chapter shall mean such statute as it may be amended from time to time, provided that <br />such reference to a statute herein shall not include any subsequent amendment thereto, or <br />to any subsequent change of interpretation thereto by a state or federal agency or court of <br />law with the duty to interpret such law, to the extent that such amendment or change of <br />interpretation would require voter approval under California law, or to the extent that <br />such change would result in a tax decrease (as a result of excluding all or a part of a <br />communication service, or charge therefor, from taxation). Only to the extent voter <br />approval would otherwise be required or a tax decrease would result, the prior version of <br />the statute (or interpretation) shall remain applicable; for any application or situation that <br />would not require voter approval or result in a decrease of a tax, provisions of the <br />amended statute (or new interpretation) shall be applicable to the maximum possible <br />extent. <br />To the extent that the City's authorization to collect or impose any tax imposed under this <br />Chapter is expanded or limited as a result of changes in state or federal law, no <br />amendment or modification of this Chapter shall be required to conform the tax to those <br />changes, and the tax shall be imposed and collected to the full extent of the authorization <br />up to the full amount of the tax imposed under this Chapter. <br />2-17-195 Independent Audit of Tax Collection, Exemption, Remittance, and <br />Expenditure. <br />The City shall annually verify that the taxes owed under this Chapter have been properly <br />applied, exempted, collected, and remitted in accordance with this Chapter, and properly <br />expended according to applicable municipal law. The annual verification shall be <br />performed by a qualified independent third party and the review shall employ reasonable, <br />cost-effective steps to assure compliance, including the use of sampling audits. The <br />verification shall not be required of tax remitters where the cost of the verification may <br />exceed the tax revenues to be reviewed. <br />17 <br />
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