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ORDINANCE 2007 <br />AN ORDINANCE OF THE TOWN OF LOS GATOS <br />SUSPENDING OPERATION OF ARTICLE V, CHAPTER 25 (UTILITY USERS TAX) <br />OF THE TOWN CODE AND <br />AMENDING CHAPTER 25 TO PROVIDE THE ADMINISTRATIVE FRAMEWORK <br />FOR A UTILITY USERS TAX IF APPROVED BY THE VOTERS OF THE TOWN <br />THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS <br />FOLLOWS: <br />SECTION I <br />The California Supreme Court in its decision in Santa Clara County Local <br />Transportation Authority vs. Guardino determined that Proposition 62 adopted by the voters of <br />the State of California in 1986 is constitutional and therefore imposes upon all local agencies, <br />including the Town of Los Gatos, the requirement that before any new tax, whether special or <br />general, can be imposed, the Town Council must submit that tax to the voters of the Town for <br />approval. This ordinance is intended to suspend operation of Article V, Chapter 25 of the Town <br />Code, Utility Users Tax, until the voters of the Town approve such a tax or the Guardino case is <br />reversed or otherwise determined not to require submission of the utility users tax adopted in <br />Ordinance No. 2001 to the voters. This ordinance is further intended to realign the provisions of <br />Chapter 25, so that should the voters approve the utility users tax, the administrative provisions <br />will be in place for prompt and efficient application of the tax. <br />SECTION II <br />Until such time as the voters of the Town of Los Gatos approve a utility users tax or the <br />Guardino case is reversed or otherwise determined not to require submission of the utility users <br />