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HomeMy WebLinkAbout73-39 - Imposing Sales and Use Taxter. ORDINANCE NO. 73-39 AN ORDINANCE IMPOSING A SALES AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION AND PROVIDING PENALTIES FOR VIOLATIONS The City Council of the City of Costa Mesa, California does ordain as follows: Section 1. SHORT TITLE. This ordinance shall be known as the Uniform Local Sales and Use Tax Ordinance. Section 2. RATE. The rate of sales tax and use tax imposed by this ordinance shall be one percent (1%) Section 3. OPERATIVE DATE. This ordinance shall be operative on January 1, 1974. Section 4. PURPOSE. The City Council hereby declares that 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 adopt a sales and use tax ordinance which complies with the requirements and limitations contained in Part 1.5 of Division 2 of the Revenue and Taxation Code; (b) To adopt a sales and use tax ordinance which 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 1.5 of Division 2 of the Revenue and Taxation Code; (c) To adopt a sales and use tax ordinance which 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 sales and use tax ordinance which can be administered in a manner that will, to the degree possible consistent with the provisions of Part 1.5 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting city sales 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. Section 5. CONTRACT WITH STATE. Prior to the operative date this city shall contract with the State Board of Equalization to perform all functions incident to the administration and operation of this sales and use fox ordinance; provided, that if this 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 rather than the first day of the first calendar quarter following the adoption of this ordinance. Section 6. SALES TAX. For the privilege of selling tangible personal property at retail a tax is hereby imposed upon all retailers in the city at the rate stated in Section 2 of the gross receipts of the retailer from the sale of all tangible personal property sold at retail in this city on and after the operative date. Section 7. 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 ar 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. BT -527-A REV. 1 (8.73) - 1 - Section 8. USE TAX. An excise tax is hereby imposed on the storage, use or other consumption in this city of tangible personal property purchased from any retailer on and after the operative date for storage, use or other consumption in this city at the rate stated in Section 2 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. Section 9. 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 1.5 of Division 2 of the Revenue and Taxa- tion Code, all of the provisions of Part 1 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. Section 10. LIMITATIONS ON ADOPTION OF STATE LAW. In adopting the provisions of Part I of Division 2 of the Revenue and Taxation Code, wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. The substitution, however, shall not be made when the word "State" is used as part of the title of the State Controller, the State Treasurer, The State Board of Control, the State Board of Equalization, the State Treasury, or the Constitution of the State of California; the substitution shall not be made when the result of that substitution would require action to be taken by or against the City, or any agency thereof rather than by or against the State Board of Equalization, in performing the functions incident to the administration or operation of this ordinance; the substitution shall not be made 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 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 to 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 provisions of that Code; the substitution shall not be made in Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code; and the substitution shall not be made for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 or in the definition of that phrase in Section 6203. Section 11. 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 seller's permit shall not be required by this ordinance. Section 12. EXCLUSIONS AND EXEMPTIONS. There shall be excluded from the measure of tax: (a) The amount of any sales or use tax imposed by the State of California upon a retailer or consumer. (b) The storage, use or other consumption of tangible personal property, the gross receipts from the sale of which has been subject to sales tax under a sales and use tax ordinance enacted in accordance with Part 1.5 of Division 2 of the Revenue and Taxation Code by any city and county, county, or city in this State. (c) The gross receipts from sales to, and the storage, use or other consumption of property purchased by, operators of common carriers and waterborne vessels to be used or consumed in the operation of such common carriers or waterborne vessels principally outside this city. (d) The storage or use of tangible personal property in the transportation or transmission of persons, property or communications, or in the generation, transmission or distribution of electricity or in the manu- facture, transmission or distribution of gas in intrastate, interstate or foreign commerce by public utilities which are regulated by the Public Utilities Commission of the State of California. Section 13. EXCLUSIONS AND EXEMPTIONS. (a) The amount subject to tax shall not include any sales or use tax imposed by the State of California upon a retailer or consumer. ST -527-A REV. 1 (8.73) . 2 - a (b) The storage, use, or other consumption of tangible personal property, the gross receipts from the sale of which have been subject to tax under a sales and use tax ordinance enacted in accordance with Part 1.5 of Division 2 of the Revenue and Taxation Code by any city and county, county, or city in this State shall be exempt from the tax due under this ordinance. (c) Thera are exempted from the computation of the amount of the sales tax the gross receipts from the sale of tangible personal property to operators of waterborne vessels to be used or consumed principally outside the city in which the sale is made and directly and exclusively in the carriage of persons or property in such vessels for commercial purposes. (d) The storage, use, or other consumption of tangible personal property purchased by operators of waterborne vessels and used or consumed by such operators directly and exclusively in the carriage of persons or property of such vessels for commercial purposes is exempted from the use tax. (e) There are exempted from the computation of the amount of the sales tax the gross receipts from the sale of tangible personal property to operators of aircraft to be used or consumed principally outside the city in which the sale is 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. (f) In addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code the storage, use, or other consumption of tangible personal property 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 neces. sity issued pursuant to the laws of this state, the United States, or any foreign government is exempted from the use tax. Section 14. APPLICATION OF PROVISIONS RELATING TO EXCLUSIONS AND EXEMPTIONS. (a) Section 13 of this ordinance shall become operative on January 1st of the year following the year in which the State Board of Equalization adopts an assessment ratio for state -assessed property which is identical to the ratio which is required for local assessments by Section 401 of the Revenue and Taxation Code, at which time Section 12 of this ordinance shall become inoperative. (b) In the event that Section 13 of this ordinance becomes operative and the State Board of Equaliza- tion subsequently adopts an assessment ratio for the state -assessed property which is higher than the ratio which is required for local assessments by Section 401 of the Revenue and Taxation Code, Section 12 of this ordinance shall become operative on the first day of the month next following the month in which such higher ratio is adopted, at which time Section 13 of this ordinance shall be inoperative until the first day of the month following the month in which the Board again adopts an assessment ratio for state -assessed property which is identical to the ratio required far local assessments by Section 401 of the Revenue and Taxation Code, at which time Section 13 shall again become operative and Section 12 shall become inopera. tive. Section 15. AMENDMENTS. All subsequent amendments of the Revenue and Taxation Code which relate to the sales and use tax and which are not inconsistent with Part 1.5 of Division 2 of the Revenue and Taxation Code shall automatically become a part of this ordinance. Section 16. 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 this City, or against any officer of the State or this City, to prevent or enjoin the collection under this ordinance, or Part 1.5 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected. 6T.3V-A REV. 1 (1-72) -3- Section 17. PENALTIES. Any person violating any of the Provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $500.00 or by imprisonment for a period ch not more thins six months, or by both such fine and imprisonment. Section 18. 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 cireomstances shall not be affected thereby. Section 19. REPEALS. Ordinance No. 116 , as amended by Ordinance No. 412 is hereby repealed; provided, however, that said ordinance, as amended, shall remain applicable for the purposes of the administration of said ordinance and the imposition of and the collection of tax with respect to the sales of, and the storage, use, or other consumption of tangible personal property prior to January 1, 1974, the making of refunds, effecting credits, the disposition of monies collected, and for the commencement or continuance of any action or proceeding under mid ordinance. Section 20. EFFECTIVE DATE OF ENACTMENT. This Ordinance relatesto taxesforthe usual and current expensesof the City and shall take effect immediately. The reason for the urgency requirement herein is because of proximity of effective date to the date of the notice of requirement which cannot be met under the usual Ordinance adoption procedures. PASSED AND ADOPTED, this 6th day of November 1973, ATTEST: E'I LEEN P. PHINNEV U City Clerk of the City of Costa Mesa STATE OF CALIFORNIA) COUNTY OF ORANGE 1 SS CITY OF COSTA MESA I eYea� CK HAMMETT eyor of the City of Costa Mesa 1, Eileen P. Phinney, City Clerk of the City of Costa Mesa andex-officioClerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 3was introduced and considered section by section at a regular meeting of said City Council held on the 5th day of November, 1973, and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 6th day of November, 1973, by the following roll call vote: AYES: Councilmen: Hammett, Jordan, Pinkley, Wilson, Racid NOES: Councilmen: None ABSENT: Councilmen: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Costa Mesa this 6th day of November 1973, APPROVED AS TO FORM ITY ATtNEY BT -527-A REV. 1 (843) - 4 - City Clerk and ex -officio Clark of e City Council of the City of Costa esa JF City of Costa Mesa AGREEMENT FOR STATE ADMINISTRATION OF LOCAL SALES AND USE TAXES To carry out Part 1.5 of Division 2 of the Revenue and Taxation Code and the sales and use tax ordinance of the City hereinabove designated, hereinafter called the City, copy of which ordinance is attached hereto, the City and the State Board of Equalization, hereinafter called the Board, do agree as follows: ARTICLE I DEFINITIONS Unless the context requires otherwise, wherever the following terms appear in this Agreement they shall be interpreted to mean the following: 1. "Local Taxes" shall mean the sales and use taxes, penalties, and interest imposed by the City under an ordinance which complies with Part 1.5, Division 2, of the Revenue and Taxation Code. 2. "Conforming Taxing Jurisdiction' shall mean any county, city, or city and county of this State which has adopted a sales and use tax ordinance of the kind described in Part 1.5 of Division 2 of the Revenue and Taxation Code and which has entered into a contract with the State Board of Equalization to perform all functions incident to the administration and operation of the ordinance. 3. "City Ordinance" shall mean the Uniform City Sales and Use Tax Ordinance attached hereto, as amended from time to time. ARTICLE II ADMINISTRATION AND COLLECTION OF LOCAL TAXES A. Administration. The Board and the City agree that the Board shall perform ex- clusively all functions incident to the administration and operation of the City ordinance. B. Other applicable laws. The City agrees that all provisions of law applicable to the administration and operation of the State Sales and Use Tax Law shall be applicable to the administration and operation of the City ordinance and that money collected pursuant to the City ordinance may be deposited in the State Treasury to the credit of the Retail Sales Tax Fund and may be drawn from that Fund for the purpose of making refunds, for the purpose of compensating and reimbursing the Board pursuant to Article IV of this Agreement and for the purpose of trans- mitting to the City the amount to which the City is entitled. C. Transmitral of money. Except as otherwise provided herein,all local taxes collected under the provisions of the City ordinance shall be transmitted to the City periodically as promptly as feasible. Such transmittals shall be made at least twice in each calendar quarter. Transmittals may be made by mail or by deposit to the account of the City in a bank in Sacra- mento designated by the City. A statement shall be furnished indicating the amount withheld pursuant to Article IV of this agreement. D. Rules. The Board shall prescribe and adopt such rules and regulations as in its judgment are necessary or desirable for the administration and operation of the City ordinance and the distribution of the local taxes collected thereunder. BT 527 REV. 4 (8-73) E. Preference. Unless the payor instructs otherwise and except as otherwise provided in this Agreement, the Board shall give no preference in applying money received for sales and use taxes owed by a taxpayer but shall apply all monies collected to the satisfaction of the claims of the State and the claims of the City as their interests appear. F. Security. The Board agrees that any security which it hereafter requires to be fur- nished under the State Sales and Use Tax Law will be upon such terms that it also will be available for the payment of the claims of the City for local taxes owing to it as its interest appears. The Board shall not be required to change the terms of any security now held by it and the City shall not participate in any, security now held by the Board. G. Names of sellers. The Board agrees to furnish the names, addresses, account num- bers, and the business classification codes of all sellers holding sellers' permits within the City. H. Records of the Board. When requested by resolution of the City Council of the City, the Board shall permit any duly authorized officer or employee of the City to examine the sales and use tax records of the Board pertaining to sales and use taxes collected for the City by the Board pursuant to this Agreement. Information obtained by the City from the examination of the Board's records shall be used by the City only for purposes related to the collection of local sales and use taxes by the Board pursuant to this Agreement. 1. City tax rate. The City agrees that any change in the rate of its conforming local sales and use tax will be made effective at the beginning of a calendar quarter and that it will give the Board at least two months' notice thereof and that it will also give notice to the Board of Supervisors of the County in which the City lies. J. Annexation. The City agrees that the Board shall not be required to give effect to an annexation, for the purpose of collecting and distributing city sales and use taxes, earlier than the first day of the calendar quarter which commences not less than two months after notice to the Board. The notice shall include two maps of the annexed area together with the address of the property nearest to the extended city boundary on every street crossing that boundary. ARTICLE III ALLOCATION OF TAX A. Deficiency determination. All local taxes collected as a result of determinations or billings made by the Board, and all amounts refunded or credited may be distributed or charged to the respective conforming taxing jurisdictions in the same ratio as the taxpayer's self - declared local tax for the period for which the determination, billing, refund, or credit applies. B. Allocation. When the local tax is collected from or refunded or credited to the following: (1) Retailers having traveling sellers' permits or certificates of authority to collect use tax issued by the Board; (2) Persons regarded by the Board as retailers pursuant to Section6015 of the Reve- nue and Taxation Code; (3) Persons for whom no continuing account number was active at the date of pay- ment; or (4) Other retailers or purchasers having no permanent place of business within the State as determined by the Board; BT -527 REV. 4 (8-73) - 2- or when the local tax is collected by way of deduction from, or when a refund of local tax is made in conjunction with, refunds of motor vehicle fuel license taxes, or when local tax is col- lected and direct allocation is impractical, the Board may distribute or charge such local tax to all conforming taxing jurisdictions in the county in which the sale or use occurred using the ratios reflected by the distribution of taxes collected from all other taxpayers in that county. To the extent that this cannot be done in a manner consistent with the economic and efficient performance of the duties of the Board under the Revenue and Taxation Code and the provisions of this Agreement, the Board may distribute or charge such local tax to all conforming taxing jurisdictions of this State using the ratios reflected by the distribution of taxes collected from all other taxpayers in the State. In making allocations under this paragraph county tax imposed at a rate in excess of 1 percent shall be excluded. C. Vehicles, Vessels, and Aircraft. For the purposes of allocating local tax with respect to vehicles required to be registered or identified under the Vehicle Code, and with respect to vessels and aircraft, the address of the registered owner appearing upon the applica- tion for registration or identification may be used by the Board in determining the city of use. To the extent this cannot be done in a manner consistent with the economic and efficient perfor- mance of the duties of the Board under the Revenue and Taxation Code and this Agreement, the Board may allocate tax with respect to such vehicles, vessels, and aircraft in the manner pro- vided in Paragraph B of this Article. ARTICLE IV COMPENSATION The City agrees to pay the Board as the Board's cost of administering the City ordi- nances such amount as is provided by law. Such amounts shall be deducted from the taxes collected by the Board for the City. ARTICLE V MISCELLANEOUS PROVISIONS A. Communications. Communications and notices may be sent by first-class United States Mail. A notification is complete when deposited in the mail. Communications and notices to be sent to the Board shall be addressed to: State Board of Equalization P.O. Be. 1799 Sacramento, California 95808 Attention: Executive Secretary Communications and notices to be sent to the City shall be addressed to: CITY OF COSTA MESA P. 0. Box 1200 Costa Mesa, CA. 92626 Attention: Director of Finance BT -527 REV. 4 (8 73) B. Term. The date of this Agreement is the date on which it is approved by the De- partment of General Services. The Agreement shall take effect on the first day of the calendar quarter next succeeding the date of such approval, but in no case before the operative date of the City ordinance, nor on a day other than the first day of a calendar quarter. This Agreement shall continue until September 30 next following the operative date of the City ordinance, and shall thereafter be renewed automatically from year to year unless one of the parties gives written notice of termination at least two months before the end of the term. The Board may ter- minate this Agreement in the manner provided by law. C. This Agreement replaces and supersedes the Agreement dated March 30, 1956 heretofore entered into by the Board and the City, which prior Agreement is hereby terminated. STATE BOARD OF EQUALIZATION By Executive Se netary CITY OF COSTA MESA (Signatureonoa tb Fred Sorsabal (Type name here) City Manager (Type title here) APPR VED AS TO FORM ........... AC, ATTO EY BT -527 REV. 4 (8-73) - 4 - STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS. CITY OF COSTA MESA) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of Cal- ifornia, and I certify that City OrdiMlnCe Number of which the copy attached hereto is a true and complete copy, was printed and published in the regular issue(s) of said newspaper on November 10, 1973 I declare, under penalty of perjury, that the foregoing is true and correct. at I STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS. CITY OF COSTA MESA ) I, EILEEN P. PHINNEY, City Clerk of the City of Costa Mesa and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that Ordinance No 73-39 was introduced and con- sidered, section by section, at a regular meeting of the City Council of the City of Costa Mesa, held on the 5th day of November , 197-L, and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 5th day of November 197-3 by the Following roll -call vote AYES, COUNCILMEN Hammett, Jordan, Pinkley, Wilson, Raciti NOES: COUNCILMEN NONE ABSENT: COUNCILMEN I FURTHER CERTIFY that said Ordinance No. 73-39 was published in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, on the 10th doy of November 1973 City Clerk and ex -officio Clerk of the Ci ouncil of the City of Costa Mesa MMIC NOTICE ORDINANCE NO. 13.31AN bROFRANCE IMPOSING 'q TALES AND USE TAX TO BE AD- MINISTERED BY THE STATE BOARD OF.EOUALIZATION AND PROVIDING PENALTIES, FOR VIOLATIONS The City Coupon of the City of Costa Mesa, California, date ordain as follows: Section 1. SHORT TITLE. This Alehouses shall per known as Me Unlbrm local $.Ime and Use Tax Orannance. taxShAandimposed1aRA2. TE, The rate .f sales and II be one Percent (%by "isbrtllnance 1 SKI '06S L. APPLICATION OF PRO' VISIONRELATING 40. EXCLUSIONS AND EXEMPTIONS. ly, In Section 6393 or In ton definition Section 15, AMENDMENTS. All $Vose that Phrase In Section said. quant amendments of the Revenue and Section 11. PERMIT NOT REQUIRED. Taxation Cone whichlate M the sales a seller's pol )las been issued and use tax and whicM1anet In retailer under Section W67 M `Revenue onsletent with Part 1.5 ha Division .. Tmmllon Cade, a a of the Revenue d Taxation Co. HNNWl seller's Permit shall not be $ball automatically become a part of gZraps by this FmdIm ,S tile' ofdinence. uncIll-n 12. EXCLUSIONS AND EX- Suellen ti ENJOINING COLLECTION nPTIONS. There shelf be excluded FORBIDDEN. No miunepins or writ Of on the measure of lax: Mandan¢ An Other legal .1 equilaWe (a) The amount of any sales or rocess shall Issue in any sell, actim lax meed by the State of apv rt preceeding In any Count egaNst :`ll(Ornla upon a retailer An consumer. City, 0 against pary the State O Min CNr . (b) The storage, Va ar Other m:F officer .1 IM1e state r ills City, t0 tingible pechal property, SUmpNon n e cllon der prevent or explain the Ile of be at. r ... 10I hour the sale Of this sediments, or Past 1.5 a Divlclon MIIch has peenbled M sales fay 2 of the Revenue aha TaxaNan Cede, coder a sales and one tax ordinance M any tax qr any amount of lax lidemsd ted In. accordance with Part 1.5 he be collected. faB Divisions 2 of the Revenue and Section 17. PENALTIES Any parson result., Code by am city antl cei violating any of the prmisiorm of Mis Wnty, or cMe In this Stale. Ordinance shall be tleemed Inlry Of (ci The gross Meelpts from sales a misdemeanor. and upon cn vieion P, and ihe. storage, u other iM saM shall be container' by fine u ptlon a property purchased by, M not m than Lial or by on alors Wv ryl and 1 months, e a I not more s els to beon Mrbome vesselsuse r haan six o riedby both Such url In operation of such fine and Imprisonment carriers or alerborne vauols Section 10, SEVERABILITY. If am "IndiallY tsib, this City. provision of this ordleance or the an r anOdi thereofto any Ole' circumstante held nvallJ. r (IN The storage or Use of landeale mainder of the Ordinance and the P' to at.' fci prd4erty In the transportatten -' Pli elon such provision shall noM 9rexsonal -1r.PXNM1an a a erwns, property ersons circumstances affected thhereby. An umceR➢m, In the genera- Section 19. REPEALS. Ordinance NO. Na:ba benamlsslon or tllihlbullon bf 156, s electricity a' In the anaecturs, nde, rep ted; Prone. ed, dna. Is Mre apeeletl: Provided, bMemRslea a dbhibuken of gas that f oa Ionabl a emM In limssked, lot ... Mle or foreign cam- ad, hal e ad, hell a applicablen for Me shares W public abilies which a Com al nnoss Of old Sand reyulaled el the Public Utilities db`the mimoaiflon of pence Ion of the State of talifomta. gM mlletlion of fon with MgdKt To Section 13. EXCLUSIONS AND EX- the sales a, and the storage. Use. IMPTIONA (ON Tiro amwnt subject to tax shaII or o r Olbef [olssumption al pansies, personalnet IWe y an r to- art., to January 1. 1974 the of Imposed W the State a California king f refunds,eflecwbq cretle^s. the disposition ofMonte' Ilett", d upon a retailer or consumer. for the mm menl s knu5nce ection IMMIs, .e, Or , can- (b) The ihe of any aor Maxeadme Under aid mptian Of tangible pe .1 property, the gross receipts from the sale of ordinance. DATE ih Men ENACTMENT, This Ortlpople,TIVE laes saleshave a M usetaxplydinance acted aee.mda to taxes Me thesual enc o rr t In e. with Part 1.5 of Dlvi9m the city IM halltake 2 a the Revenue and Taxation Code expanses of immediately. TM1e S..p for the by any lly and county, court,, or in this tate cnen exempt Offset urgency redulament herein is becaue city from the tax due under this mdarence. of 'proximity of ¢Huffy¢ dme M me W There are exempted from the date tfbe risen tunEerftrequirement e`posual orEinance o putatlon of Iba amount of the computation lax the gross rmelpls I,wn atlmalon pmcMVrcs. this Ph IM1e .Is of Mutual. pveOnal property PASSED AND ADOPTED, to meraters all Watereserne vaesels day of NWIMbA, 'In. M HANETT to he used r [ ns M Principally JACK city In uwhich Mayor of the City of Costa Mena IM1e else .Maida the made and directly and .,.elusively ATTEST: In the carriage o1 mars.,$ -1 PIPPMty EILEEN P. PHINNEY City Clerk of the Cily a Cast- Meta such scal for c nal �pomase STATE OF CALIFORNIA) COUNTY OF ORANGE )'SS INWITNESSWHEREOF,_ I heve hereunto luof ion City &d Cosa Mese¢ imi em of of November. Pan. (SEAL) EILEEN P.PHINNEY City Clerk and lark are the y Council Dl the city of Call- Mesa PVbIIsMd Orange Coast Daily Plla November 10, 1913. 341