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HomeMy WebLinkAbout2005-03-02 Packet - Special CITY OF UKIAH CITY COUNCIL AGENDA SPECIAL MEETING UKIAH CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 MARCH 2, 2005 6:00 p.m. 1. ROLL CALL 1 BALLOT MEASURE a. Adoption of Revised Resolution No. 2005-35 Requesting the Mendocino County Board of Supervisors to Request the County Clerk to Conduct a Special Municipal Election of the City of Ukiah on Tuesday, June 7, 2005, and to Consolidate Said Election With Any Other Election Held On That Same Day b. Adoption of Resolution Calling Special Election For June 7, 2005 on One Ballot Measure and One Advisory Ballot Measure, Transmitting Measures to City Attorney for Impartial Analysis and Establishing Deadline for Arguments For or Against the Measures C, Adoption of Ordinance Adopting Chapter 8C of Division 1 of the Ukiah City Code Imposing a Transactions and Use Tax to be Administered By the State Board of Equalization 3. ADJOURNMENT AGENDA SUMMARY ITEM NO. SPECIAL MEETING DATE: March 17 2005 REPORT SUBJECT: ADOPTION OF REVISED RESOLUTION REQUESTING MENDOCINO COUNTY TO CONDUCT JUNE 7, 2005 MUNICIPAL ELECTON, RESOLUTION CALLING SPECIAL MUNICIPAL ELECTION FOR JUNE 7, 2005 AND ADOPTION OF RESOLUTION IMPOSING 1/2 CENT SALES TAX IN THE CITY OF UKIAH SUMMARY: In order to conduct a special election on June 7, 2005, on a city sales tax ordinance, the City Council must take three actions: (1) revise the resolution adopted on February 28, 2005, requesting Mendocino County to conduct the election by referencing two ballot measures (the sales tax ordinance and the advisory measure) rather than the one measure referenced in the original resolution; (2) adopt the Resolution calling the election; and (3) adopt by not less than a 2/3 vote the sales tax ordinance, attached hereto as Attachment 1. A more detailed explanation of each of these items follows: 1. The revised Resolution, attached hereto as Attachment 2, adopted by the City Council on February 28, 2005, referenced "one ballot measure" in the third "WHEREAS." The City Council is proposing to place two measures on the ballot: approval of a sales tax ordinance and an advisory measure concerning the use of the revenues produced by that ordinance. The revised Resolution corrects that reference. 2. The Resolution attached as Attachment 1, calls a special municipal election for June 7, 2005. As required by the Elections Code, the resolution specifies the exact wording of the two measures, as they will appear on the ballot. The resolution also specifies the deadline for filing arguments for and against the measure. As specified in Elections Code Section 9285, the deadline is 14 days following the call of the election. Continued on Page 2 RECOMMENDED ACTION: (1) Adopt revised Resolution Requesting Mendocino County To Conduct Election and To Consolidate Election; (2) Adopt Resolution Calling Election; and (3) Adopt Ordinance Imposing Transaction and Use Tax. ALTERNATIVE COUNCIL POLICY OPTIONS: Revise and adopt documents Citizen Advised: N/A Requested by: City Council Prepared by: City Attorney Coordinated with: City Clerk, City Manager, County Clerk, Clerk of County Board of Supervisors Attachments: 1. Resolution Calling Election; 2. revised Resolution for County Election Services; 3. Ord~J~nce Imposing Transaction and Use Tax Candace Hors'~ity Manager March 1,2005 Page 2 of 2 The City Council will have to file a ballot argument in favor of the measure by that deadline. Ballot arguments for or against the measure may not exceed 300 words. The City Council may want to form a committee or specify another means of developing a draft argument and approve that argument at a continued regular meeting prior to March 15, since the next regular City Council meeting is March 16, 2005. Rebuttal arguments not exceeding 250 words may be filed by March 25, 2005. The City Council may want to establish a plan for developing and approving rebuttal arguments by the deadline, since the next regular meeting after March 16, 2005, is April 6, 2005. The resolution also requires the ballot measures to be transmitted to the City Attorney for an impartial analysis. 3. The ordinance attached hereto as Attachment 3 imposes a general 1/2 cent sales tax and complies with the requirements of the State Board of Equalization. As the City Council can see, Section 1748 of the Ordinance contains the "sunset" provision that repeals the ordinance 15 years after the Operative Date, which is the first day of the calendar quarter which begins 110 days after the ordinance is approved by the voters. (See Section 1736.) That is the earliest date that the State Board of Equalization will actually begin collecting the tax, if it is adopted. As required by Revenue and Taxation Code Section 7285.9, the Ordinance must be adopted by a 2/3 vote of the full City Council, or, in other words, by at least 4 votes in favor. .~,TTACHMENT. ~'~'' REVISED RESOLUTION NO. 2005-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH REQUESTING THE MENDOCINO COUNTY BOARD OF SUPERVISORS TO REQUEST THE COUNTY CLERK TO CONDUCT A SPECIAL MUNICIPAL ELECTION OF THE CITY OF UKIAH ON TUESDAY, JUNE 7, 2005, AND TO CONSOLIDATE SAID ELECTION WITH ANY OTHER ELECTION HELD ON THAT SAME DAY WHEREAS, the City of Ukiah has called a special election to be held in this City on Tuesday, June 7, 2005; and WHEREAS, Section 10002 of the Elections Code of the State of California authorizes the Clerk of the County of Mendocino to render specified services relating to the conduct of an election to any city or district which has by resolution requested the Board of Supervisors to permit the County Clerk to render the services, subject to requirements set forth in that section; and WHEREAS, the City of Ukiah special election shall consist of two ballot measures: approval of a general sales tax ordinance and an advisory measure concerning the use of those sales tax revenues; NOW, THEREFORE, BE IT RESOLVED that pursuant to the above cited provisions, the Board of Supervisors of the County of Mendocino is hereby requested to permit the County Clerk to perform and render all services and proceedings incidental to and connected with the conduct of the special municipal election of the City of Ukiah with the cooperation and assistance of the City Clerk of the City of Ukiah, such services to include, but not limited to the following: 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) Establish voting precincts, secure locations for polling places, and secure the services of election officers for each precinct as required by law. Prepare and furnish to the election officers necessary supplies for the conduct of the election. Cause to be translated, as appropriate, and printed the requisite number of sample ballots, official ballots, rosters and other necessary forms. Make necessary arrangements for the delivery of supplies to the various precincts. Distribute absent voter ballots as required by law. Receive the return of elections material and supplies. Canvass the returns of the election, including the absent voter ballots. Furnish a tabulation of the number of votes cast in each precinct. Make all the necessary arrangements to pay the precinct board members and other costs of the election incurred as the result of services performed for the City of Ukiah. Publish a list of precincts, election officers; polling places and hours polls will be open. Resolution No. 2005-35 Page 1 of 2 11) Verify signatures appearing on petition papers. 1) 2) BE IT FURTHER RESOLVED, the Ukiah City Clerk shall be responsible for: Publication of Notice of Election, as required by law. Publication of Notice related to arguments for and against said measure as required by law. THE FOREGOING REOSLUTION WAS ADOPTED at a special meeting of the Ukiah City Council held on the 28th day February, 2005, by the following roll call vote. AYES: NOES: ABSENT: ABSTAIN: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku None None None ATTEST: Mark Ashiku, Mayor Marie Ulvila, City Clerk Resolution No. 2005-35 Page 2 of 2 A-Fi'ACHN~ENT i3 RESOLUTION NO. 2005-36 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH CALLING SPECIAL ELECTION FOR JUNE 7, 2005 ON ONE BALLOT MEASURE AND ONE ADVISORY BALLOT MEASURE, TRANSMITTING MEASURES TO CITY ATTORNEY FOR IMPARTIAL ANALYSIS AND ESTABLISHING DEADLINE FOR ARGUMENTS FOR OR AGAINST THE MEASURES. WHEREAS, 1. Election Code Section 10403 authorizes the City Council of the City of Ukiah (City) to request the Mendocino County Board of Supervisors to conduct a municipal election on behalf of the City and consolidate that election with any other elections scheduled for that date; and 2. On February 28, 2005, the City Council adopted a resolution requesting the Mendocino County Board of Supervisors to perform those services and consolidate the City election with any other elections scheduled for that date; 3. On March 1, 2005, the City Council adopted Ordinance No. 1063, establishing a one-half of one percent sales tax, which only becomes effective if approved by not less than a majority of the voters voting in the June 7, 2005, election; and 4. The Elections Code requires the City Council to set forth in a resolution the exact form of any ballot measures to appear on the election ballot and to take other steps related thereto; NOW, THEREFORE, BE IT RESOLVED that: 1. The City Council hereby calls a special election in the City of Ukiah for June 7, 2005, to consider the ballot measures set forth in this Resolution. 2. The following ballot measures shall appear on the ballot for the June 7, 2005, election: MEASURE Resolution 2005-36 Page 1 of 3 Shall Ordinance No. 1063 be adopted to impose a transaction (sales) and use tax at a maximum rate of one-half of one percent within the city limits of the City of Ukiah? [ ] Yes [ ] No Measure form: City of Ukiah Ordinance No. 1056, enacted by the voters pursuant to subsection 1 of this Resolution, shall be in the form set forth in Attachment 1. MEASURE ADVISORY MEASURE ONLY: Should additional funds for public safety, including police, fire and emergency medical services, be the first priority for the use of new sales tax revenues in the City of Ukiah? [] Yes [1 No 3. The City Clerk shall transmit a copy of the ballot measures set forth in section 2 of this Resolution and the form of Ordinance No. 1056 set forth in Attachment 1 to this Resolution to the City Attorney for the preparation of an impartial analysis as required by Elections Code Section 9280. 4. The City Clerk shall post the notice of the deadline for filing ballot arguments for or against the above ballot measures on March 4, 2005. 5. In accordance with Election 9285, ballot arguments for or against the measures are required to be filed by March 15, 2005, after which no arguments for or against the measures will be accepted. PASSED AND ADOPTED by the City Council of the City of Ukiah on this 1st day of March 2005, by the following roll call vote: AYES: NOES: Resolution 2005-36 Page 2 of 3 ABSTAIN: ABSENT: Mark Ashiku, Mayor ATTEST: Marie Ulvila, City Clerk Resolution 2005-36 Page 3 of 3 RESOLUTION NO. 2005-36 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH CALLING SPECIAL ELECTION FOR JUNE 7, 2005 ON ONE BALLOT MEASURE AND ONE ADVISORY BALLOT MEASURE, TRANSMITTING MEASURES TO CITY ATTORNEY FOR IMPARTIAL ANALYSIS AND ESTABLISHING DEADLINE FOR ARGUMENTS FOR OR AGAINST THE MEASURES. WHEREAS, 1. Election Code Section 10403 authorizes the City Council of the City of Ukiah (City) to request the Mendocino County Board of Supervisors to conduct a municipal election on behalf of the City and consolidate that election with any other elections scheduled for that date; and 2. On February 28, 2005, the City Council adopted a resolution requesting the Mendocino County Board of Supervisors to perform those services and consolidate the City election with any other elections scheduled for that date; 3. On March 1, 2005, the City Council adopted Ordinance No. 1063, establishing a one-half of one percent sales tax, which only becomes effective if approved by not less than a majority of the voters voting in the June 7, 2005, election; and 4. The Elections Code requires the City Council to set forth in a resolution the exact form of any ballot measures to appear on the election ballot and to take other steps related thereto; NOW, THEREFORE, BE IT RESOLVED that: 1. The City Council hereby calls a special election in the City of Ukiah for June 7, 2005, to consider the ballot measures set forth in this Resolution. 2. The following ballot measures shall appear on the ballot for the June 7, 2005, election: MEASURE Resolution 2005-36 Page 1 of 3 Shall Ordinance No. 1063 be adopted to impose a transaction (sales) and use tax at a maximum rate of one-half of one percent within the city limits of the City of Ukiah? [ ] Yes [ ] No Measure form: City of Ukiah Ordinance No. 1056, enacted by the voters pursuant to subsection 1 of this Resolution, shall be in the form set forth in Attachment 1. MEASURE ADVISORY MEASURE ONLY: Should additional funds for public safety, including police, fire and emergency medical services, be the first priority for the use of new sales tax revenues in the City of Ukiah? [] Yes [] No 3. The City Clerk shall transmit a copy of the ballot measures set forth in section 2 of this Resolution and the form of Ordinance No. 1056 set forth in Attachment 1 to this Resolution to the City Attorney for the preparation of an impartial analysis as required by Elections Code Section 9280. 4. The City Clerk shall post the notice of the deadline for filing ballot arguments for or against the above ballot measures on March 4, 2005. 5. In accordance with Election 9285, ballot arguments for or against the measures are required to be filed by March 15, 2005, after which no arguments for or against the measures will be accepted. PASSED AND ADOPTED by the City Council of the City of Ukiah on this 1st day of March 2005, by the following roll call vote: AYES: NOES: Resolution 2005-36 Page 2 of 3 ABSTAIN: ABSENT: Mark Ashiku, Mayor ATTEST: Marie Ulvila, City Clerk Resolution 2005-36 Page 3 of 3 ATTACHMENT 1 ORDINANCE NO. 1063 AN ORDINANCE OF THE CITY OF COUNCIL OF THE CITY OF UKIAH ADOPTING CHAPTER 8C OF DIVISION 1 OF THE UKIAH CITY CODE IMPOSING A TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION The City Council of the City of Ukiah hereby ordains as follows: A new Chapter 8C of Division 1 is hereby added to the Ukiah City Code to read as follows: Article 1. General. {}1735: TITLE: This ordinance shall be known as the City of Ukiah Transactions and Use Tax Ordinance. The City of Ukiah hereinafter shall be called "City." This ordinance shall be applicable in the incorporated territory of the City. {}1736: OPERATIVE DATE: "Operative Date" means the first day of the first calendar quarter commencing more than 110 days after the adoption of this ordinance, the date of such adoption being as set forth below. {}1737: PURPOSE: This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes: A. To impose a retail transactions and use tax as authorized by Revenue and Taxation Code Section 7285.9 in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be effective and operative if a 2/3 majority of the City Council adopts this ordinance and a simple majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose. B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code. C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefor that can be administered and collected by the State Board of Equalization in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the State Board of Equalization in administering and collecting the California State Sales and Use Taxes. D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions ATTACHMENT 1 and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance. E. To raise revenue for the general fund purposes of the City of Ukiah as further provided herein. § 1738: CONTRACT WITH STATE: Prior to the operative date, the City shall contract with the State Board of Equalization to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the State Board of Equalization prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract. Article 2. Transactions and Use Tax §1739: TRANSACTIONS TAX RATE: For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated and unincorporated territory of the City at the rate of one-half of one percent (.5%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance. §1740: PLACE OF SALE: For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the State Board of Equalization. §1741: USE TAX RATE: An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of one-half of one percent (.5%) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made. §1742: ADOPTION OF PROVISIONS OF STATE LAW: Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein. §1743: LIMITATIONS ON ADOPTION OF STATE LAW AND COLLECTION OF USE TAXES: In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code: ATTACHMENT 1 A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when: 1. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Board of Control, State Board of Equalization, State Treasury, or the Constitution of the State of California; 2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the State Board of Equalization, in performing the functions incident to the administration or operation of this Ordinance. 3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to: a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or; b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code. 4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code. B. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203. {}1744: PERMIT NOT REQUIRED: If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance. {}1745: EXEMPTIONS AND EXCLUSIONS: A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax. B. There are exempted from the computation of the amount of transactions tax the gross receipts from: 1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the County in which the sale is 3 ATTACHMENT 1 made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government. 2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied: a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Chapter 2 of Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and b. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address. 3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance. 4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance. 5. For the purposes of subsections (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property: 1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance. 2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California. 3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance. 4 ATTACHMENT 1 4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this ordinance. 5. For the purposes of subsections (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. 6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer. 7. "A retailer engaged in business in the City" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Chapter 2 of Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City. D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax. Article 3. Permissible Uses of Transactions and Use Tax {}1746. USES OF TAX: The revenues generated by this tax shall be deposited in the General Fund of the City of Ukiah and may be used for the general governmental purposes of the City of Ukiah. Article 4. Miscellaneous {}1747: AMENDMENTS: All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance. ATTACHMENT 1 §1745: ENJOINING COLLECTION FORBIDDEN: No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected. §1749: REPEAL OF TAX: The tax imposed by this Ordinance shall be repealed and of no further force and effect fifteen years (15) after the Operative Date. SECTION THREE 1. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have adopted this Ordinance and any section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared unconstitutional or otherwise invalid. 2. EFFECTIVE DATE. This ordinance relates to the levying and collecting of the City transactions and use taxes and shall take effect immediately upon its approval by the voters as provided in Section 1737.A. Approved on Council' , 2005 by the following roll call vote of the Ukiah City AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mark Ashiku, Mayor Marie Ulvila, City Clerk