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HomeMy WebLinkAboutOrd 1346-2004ORDINANCE NO. 1346-2004 AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO CONFIRMING AND APPROVING AN INCREASE TO THE CITY OF SOUTH SAN FRANCISCO COMMERCIAL PARKING FACILITY LICENSE TAX THE PEOPLE OF THE CITY OF SOUTH SAN FRANCISCO DO ORDAIN AS FOLLOWS: Section 1 Purpose The purpose of this Ordinance is to confirm and approve an increase in the existing City of South San Francisco Commercial Parking Facility License tax from four percent (4%) to eight percent (8%) of gross receipts received by commercial parking facilities. Section 2 Amendment to Section 6.16.047 of the South San Francisco Municipal Code Subsection (c) is hereby amended to read as follows: The license tax payable by operator shall be eight percent of the gross receipts received from facilities operated within South San Francisco without deduction therefrom. Section 3 Severability and Interpretation This ordinance shall be interpreted so as to be consistent with all federal and state laws, rules, and regulations. If any section, subsection, sentence, clause, phrase, part, or portion of this initiative is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this measure. The People of the City of South San Francisco hereby declare that this ordinance, and each section, subsection, sentence, clause, phrase, part, or portion thereof would have been adopted or passed even if one or more sections, subsections, sentences, clauses, phrases, parts, or portions are declared invalid or unconstitutional. If any provision of this ordinance is held invalid as applied to any person or circumstance, such invalidity shall not affect any application of this ordinance that can be given effect without the invalid application. This ordinance shall be broadly construed in order to achieve the purposes stated in this ordinance. Section 4 Amendment or Repeal: This ordinance may be amended or repealed only by a vote of the People of the City of South San Francisco. Section 5 Challenge to Tax: Any action to challenge the tax imposed by this ordinance shall be brought pursuant to Code of Civil Procedure Section 860 et seq. Section 6 Effective Date: This ordinance shall be effective ten days after the City Council declares that this ordinance has been submitted to and approved by a majority vote of the voters of South San Francisco. Adopted as an Ordinance, Per Resolution No. 121-2001, "A Resolution Canvassing Returns and Declaring Results of the General Municipal Election Held in the City of South San Francisco on November 6, 2001", by the following vote: Total votes cast in favor of Measure L: 3,456 Total votes cast against Measure L: 2,635 [Inadvertently this Ordinance was not processed following the November 6, 2001 election; it is now therefore corrected this date, November 10, 2004. Sylvia Payne, City Clerk.]