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Ordinance 807 "-.,.",,,,",,",~",,;,'.-t":'.'-_'_''J.':~yt. ."'"," 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 - 1 - 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 - 2 - 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 - 3 - ~ ,- . ,J> , '.. , '" ~ . " I , 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 ,'~ -'.':;: