HomeMy WebLinkAboutOrdinance #2299 ORDINANCE NO. 2299
AN URGENCY ORDINANCE OF THE CITY OF HUNTINGTON
BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL
CODE CHAPTER 3. 40 PROVIDING FOR EXEMPTIONS
The City Council of the City of Huntington Beach does
ordain as follows :
SECTION 1. The Huntington Beach Ordinance Code is hereby
amended by adding thereto certain exemptions to Section
3.40 .050 , to read as follows :
3. 40.050 Exemptions . The following are excluded from the
tax imposed by this chapter:
(a) The construction of any building by a non-profit
corporation exclusively for religious, educational, hospital
or charitable purposes .
(b) Any "residential unit" structural additions or modi-
fications which cause less than a 50% increase in the existing
gross floor space . Such additions or modifications which cause
a 50% or more increase in the existing gross floor space shall
subject all of the added gross floor space to the tax imposed
by this chapter.
(c) The construction of any building or unit by any
bank, including national banking associations , pursuant to
Article XIII, Section 27 of the Constitution of the State of
California.
(d) The construction of any building by an "insurer" ,
as that term is defined in Article XIII, Section 28 of the
Constitution of the State of California.
(e) The construction and occupancy of any building by the
United States or any department or agency thereof by the State
of California or any department, agency or political subdivision
thereof.
SECTION 2 . The City Council finds that it is necessary
for this ordinance to be adopted as an emergency measure, and
such ordinance shall take effect July 3, 1978. The reasons
for its urgency are as follows :
Failure to exempt banks, insurance companies , state and
federal property from the taxes imposed by Chapter 3. 40 renders
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Chapter 3 . 40 unconstitutional and invalid insofar as it pur-
ports to tax those institutions . By amending Chapter 3. 40 to
add said exemptions cures the defect and effects conformity
with the California State Constitution.
SECTION 3. This ordinance shall take effect immediately
after its adoption. The City Clerk shall certify to the passage
of this ordinance and cause same to be published within fifteen
days after adoption in the Huntington Beach News, a weekly
newspaper of general circulation, printed and published in
the County of orange.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 3rd
day of July, 1978.
Mayor
ATTEST:
ALICIA M. WENTWORTH
City Clerk
By
Deputy
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
C7�'I C_I j V4_�_
C ty Administrator City Attorney _
2.
Emergency Ord. No. 2299
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified and acting
City Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the foregoing
ordinance was read to the City Council of the City of Huntington Beach
at a regular meeting thereof held on the 3rd day of July
19 78 , and was passed and adopted by at least four-fifths (4/5)
affirmative votes of said City Council.
AYES: Councilmen:
Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman
NOES: Councilmen:
Pattinson
ABSENT: Councilmen:
None
Alicia M Wentworth
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
I, Alicia M. Wentworth CITY CLERK of the City of BY
Huntington Beach and ex- f
fi 'o Clerk of the City Deputy
Council, da hereby c>rtiy that Phis crdir.a^ce has
been published in t e Huntington Beach l`e'&Ns on
- - ------- --- - ---- . 192f..,
In actor ce w h he Cit Charter .said Cit
City Clerk
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Deputy City Mrk