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HomeMy WebLinkAbout1549ORDINANCE NO. 1549 (2010 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO ADDING SECTION 1.08.150 TO CHAPTER 1.08 OF THE MUNICIPAL CODE TO CLARIFY THE REQUIREMENT THAT A TAX FIRST MUST BE PAID BEFORE FILING FOR A REFUND OR JUDICIAL RELIEF WHEREAS, California Constitution Article XIII, Section 32 requires that a taxpayer must first pay a tax before seeking a refund or judicial relief; and WHEREAS, the courts have consistently held that this "pay first, litigate later" rule was applicable to both the State and local entities; and WHEREAS, in a recent California Court of Appeal case it was held that Article XIII, Section 32 applies to the State but not to local entities; and WHEREAS, adoption of a clear "pay first, litigate later" rule is in the City's best interest. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Section 1.08.150 is added to Chapter 1.08 to read as follows: 1.08.150 Payment of Taxes prior to refund or judicial relief. No legal or equitable process shall be issued in any proceeding in any court against the City or any officer to prevent or enjoin the collection of any tax. After payment of a tax claimed to be illegal, not due and /or owing, and /or incorrectly calculated, an action may be maintained to recover the tax paid, provided that prior to any judicial action all administrative remedies shall be exhausted. SECTION 2. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. 01549 Ordinance No. 1549 (2010 Senes) Page 2 INTRODUCED on the Is' day of June 2010, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 15th day of June 2010, on the following vote: AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and Mayor Romero NOES: None ABSENT: None �.Of- _/ �1`_ 1� yor David F. Romero ATTEST: Elaina Cano City Clerk APPROVED AS TO FORM: I hereby certify that this document is a true and accurate original of Ordinance No. 4511� , �QiAttorney stine Dietrick and that the ordinance was published pursUbM to Charter Section ON. AMID �'