Ordinance 807
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ORDINANCE NO. 807
ORDINANCE OF THE CITY OF GILROY SUSPENDING
THE OPERATION OF ARTICLE IV OF CHAPTER 22
OF THE GILROY CITY CODE PROVIDING FOR A
CIGARETTE TAX IN THE CITY OF GILROY.
THE COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS:
SECTION I:
In order to comply with the requirements of those provisions
of Chapter 963 of the Statutes of 1967 which provide that State
cigarette tax revenues may not be allocated to any City imposing
a selective local tax on, or with respect to, the sale, distribu-
tion, use, consumption, or holding of cigarettes or any other to-
bacco productz after October 1, 1967, the provisions of Article IV
of Chapter 22 of the Gilroy City Code relating to the imposition,
collection and enforcement of a cigarette tax shall be suspended as
of midnight September 30, 1967, and shall remain suspended and
thereafter be of no force and effect so long as the provisions of
the Revenue and Taxation Code of the State of California, as modi-
fied by said Chapter 963 and pursuant to which the City is entitled
to receive the allocation specified therein of the State cigarette
tax revenues, are effectivei provided, however, that in the event
said Revenue and Taxation Code shall be further amended so that the
City is not entitled to receive the allocation of the State cigarette
tax revenues specified in said Chapter 963, then the said provisions
of said Article IV shall upon the effective date of such amendment
become operative and effective; and further provided that in the
event the provisions of said Revenue and Taxation Code, as added by
said Chapter 963 and pursuant to which the City is entitled to re-
ceive the allocation specified therein of the State cigarette tax
revenues, are for any reason declared invalid, then and in that event
the said provisions of said Article IV of said Chapter 22 of said
Gilroy City Code shall not be deemed to have been suspended but shall
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807
be deemed to have been in full force and effect continuously from
and after October 1, 1967. Nothing in this Ordinance shall be
construed as relieving any person of the obligation to pay the
city of Gilroy any cigarette tax accrued and owmg by reason of
said provisions of said Article IV of Chapter 22 of the Gilroy
City Code in force and effect prior to and including september 30,
1967.
SECTION II:
This Ordinance shall take effect and be in full force from
and after the 1st day of October, 1967.
SECTION III:
This Ordinance is hereby declared to be an emergency measure
and shall take effect at the time herein set forth rather than
waiting the expiration of t~e thirty (30) day period otherwise pro-
vided for by the City Charter; the reasons for said emergency being
as follows: the present Gilroy City Ordinance which is herein sus-
pended and the enactment of the State Legislature of the State of
California hereinbefore referred to which takes effect on the 1st
day of October, 19671 are of a conflicting nature and if the said
Article IV of Chapter 22 of the Gilr~ City Code continutes in ef-
fect after the 30th day of September, 19671 the City of Gilroy will
los~important revenues from the cigarette tax the receipts from
which tax are allocated for the acquirement and developement of re-
creation and park facilities necessary for the public peace, health
and welfare of the people of the City of Gilroy; furthermore, if
the present Gilroy city Cigarette Tax continues in effect after the
said 30th day of September, 1967, those who pay a tax under the pre-
sent Ordinance must also pay a tax under the new state law making it
an unjust and unintended burden on those taxpayers.
SECTION IV:
If for any reason this Ordinance should be declared invalid
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or not effective as of midnight September 30, 1967z or the pre-
sent Article IV of said chapter 22 of the Gilroy City Code not be
suspended as of that time, or said Article IV continue in effect
after midnight September 30, 1967, then the suspension herein pro-
vided for of said Article IV of Chapter 22 of the Gilroy City Code
shall be null and void.
This Ordinance was adopted as an emergency measure and ordered
published by title and summary at a regular meeting of the Council
held on the 18th day of September, 1967z by the following vote:
AYES: COUNCILMEM8ERS,::A 11 emand, Duff i n ,Kennedy ,Jr. ,Qua rt i ro 1 i ,6 i IVil,
Wentworth, and Goodrich
NOES: COUNCILMEMBERS: None
ABSENT: COUNCI LMEMBERS : Non e
APPROVED:
}z:ru~~~
Mayor
ATTEST:
C?j~VJ~b ?
/ City Cler
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SUSANNE E. PAYNE
,City Clerk of
the City of Gilroy, do hereby certify that the attached Ordinance
No.
807
is an original ordinance, duly adopted by the Council
of the City of Gilroy at a regular meeting of said Council held on
18th day of
September
, 19 67 ,at which meeting
the
a quorum was present.
further certify that the said ordinance has been pub-
lished in accordance ~dth the charter of the City of Gilroy.
IN WITNESS WHEREOF, I have hereunto set my hand and af-
fixed the official seal of the City of Gilroy, this 19th day of
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