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F. Any person when imposition of such tax upon that person would violate the <br />Constitution of the United States, the Constitution of the State of California, or preemptive <br />federal or State law; or <br />G. Any governmental office. <br />SEC. 2-18-220 Annual Report. <br />A. The Finance Director shall identify data required and make appropriate <br />requests to each service supplier for information sufficient to identify the number of access <br />lines maintained by that service supplier, including separate identification of the number of <br />trunk lines and super trunk lines that are "access lines" for purposes of this Chapter, as well <br />as the number of exempt lines as specified in Section 2-18-215 of this Chapter. Upon a <br />request by any service supplier, the Finance Director shall provide the requesting service <br />supplier with anon-disclosure, confidentiality agreement on behalf of the City of San <br />Leandro and shall remain under a continuing duty to protect all information provided by <br />service suppliers subject to such agreement from any use other than that described in this <br />Section 2-18-220, and from disclosure to any third parties including, but not limited to, other <br />service suppliers. <br />B. No later than March 1 of each year and using the data provided by the service <br />suppliers pursuant to the immediately preceding subsection, the Finance Director shall <br />estimate the percentage of access lines that are subject to payment of the Emergency <br />Communication System Access Tax as of December of the prior calendar year as reported by <br />service suppliers under Section 2-18-245(B). The Finance Director's report shall also <br />identify the amount of the tax rate and tax cap adjusted by the CPI-W as established by <br />subsection (B) of Section 2-18-210 of this Chapter that will apply in the following fiscal <br />year. <br />C. Eligible operating costs and eligible project costs, along with exempt <br />operating costs and exempt project costs, will be determined and reported annually in the <br />Annual Report based on the current year's budget. <br />D. No later than March 1 in each odd numbered year, the Finance Director will <br />evaluate information from industry sources, regulatory bodies, and City experience to <br />determine whether the tax rates for trunk lines and super trunk lines continue to reasonably <br />reflect the increased estimated access to the 911 communication system provided to trunk <br />line subscribers relative to access line subscribers. <br />SEC. 2-18-230 Collection of Tax. <br />A. The tax imposed by this Chapter shall be billed to the telephone subscriber by <br />the service supplier with its regular bill otherwise in accordance with the service supplier's <br />normal billing procedures, and service suppliers shall be required to collect such taxes as are <br />ORDINANCE NO. 2008-018 7 <br />