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  5. 119 Cal.Rptr.2d 91 (2002)
 

HOWARD JARVIS TAXPAYERS v. ROSEVILLE

No. C036295.

119 Cal.Rptr.2d 91 (2002)

97 Cal.App.4th 637

HOWARD JARVIS TAXPAYERS ASSOCIATION et al., Plaintiffs and Respondents, v. CITY OF ROSEVILLE, Defendant and Appellant.

Court of Appeals of California, Third District.

As Modified on Denial of Rehearing May 13, 2002.

Review Denied July 10, 2002.

Attorney(s) appearing for the Case

Mark J. Doane, City Attorney, Richard G. Glenn, Deputy City Attorney, and Dennis W. De Cuir for Defendant and Appellant.

Trevor A. Grimm, Los Angeles, Jonathan M. Coupal, Sacramento, and Timothy A. Bittle for Plaintiffs and Respondents.

DAVIS, J.

The City of Roseville (Roseville) operates three municipal utilities that provide, respectively, water, sewer, and refuse collection services. Roseville imposes an "in lieu franchise fee" (in-lieu fee) of 4 percent on each of the utilities' annual budgets; this fee is paid by the utility ratepayers and transferred to Roseville's general fund.

This appeal presents us with two principal questions: whether...

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