HomeMy WebLinkAboutReso 1943-656 RESOLUTION NO. 656
RESOLUTION STAYING ENFORCEMENT OF THE PROVISIONS OF ORDINANCE NO.
313 PENDING DETERMINATION OF CONSTITUTIONALITY OF SAID ORDINANCE .:
AREAS, the City of Chula Vista did by ordinance No. '
313 passed, approved and adopted on the 11th day of F'anuary, 1943
and effective on the 11th day of February, 1943, passed an ordi-
nance imposing an in lieu tax of ten cents ($.1G) per day on the
occupants of space in Frailer camps in the City of Chula Vista;
and
WHEREAS, said ordinance is substantially the same ordi-
nance as that previously adopted by the City of San Diego, Cali-
fornia; and
AREAS, in Superior Court action No. 112178 entitled
Frank M. Kelly vs. City of San Diego, the Honorable Robert B.
Burch overruled the demurrer of the City of San Diego on the
ground that said ordinance was discriminatory and therefore un-
constitutional; and
WHEREAS, an appeal is pending to determine by a higher
court the constitutionality of said ordinance; and
AREAS, collection of the tax provided in said ordinance
has been made by three trailer camps located in the City of
Chula Vista, namely, W • G. English, R. A. Conforth and Monterey
Motel, and the sums so collected have been deposited with the
City Treasurer of the City of Chula Vista;
NOW, THEREFORE, BE IT RESOLVED BY TEE CITY COUNCIL OF
TEE CITY OF CHULA VISTA, AS FOLLOWS:
That the enforcement of ordinance 313 of the City of
Chula Vista be and the same is hereby stayed pending the final
judgment of action No. 112178 of the Superior Court of the State
of California, in and for the County of San Diego, entitled
Frank M. Kelly vs. City of San Diego.
BE IT FURTHER RESOLVED THAT THE City Treasurer of the
City of Chula vista be and he is hereby instructed and directed
to return to W. G. English, R. A. Conforth and Monterey Motel
the sums deposited by them with him pursuant to provisions of
Ordinance No. 313.
PASSED, ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE
CITY OF CHETLA VISTA, CALIFORNIA the 8th day of- Mh" 1943
by the following vote:
AYES: Councilmen Perkins,Burnside,Howe and Timmons.
NOES: Councilmen None
ABSENT: Councilmen None
APPRO" D:
Mayor
ATTEST
7 City Clerk