HomeMy WebLinkAboutMC-1078
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Adopted:
Effective:
August 7, 2000
September 7, 2000
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ORDINANCE NO. Me-l078
2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION
3.44. 131(B) TO THE SAN BERNARDINO MUNICIPAL CODE AND ESTABLISHING A
3 UTILITY USER'S TAX REBATE PROGRAM FOR EXISTING BUSINESSES.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS
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6 SECTION 1. Section 3.44. 131(B) is hereby added to the San Bernardino Municipal Code
7 to read as follows:
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liB.
Not withstanding any other provision of this Chapter, in order to encourage the
9 physical expansion and/or creation of significant numbers of higher-wage jobs by existing San
10 Bernardino businesses, the following Utility User's Tax Rebate Program is hereby established to
11 complement the program recently adopted for new businesses.
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1.
Any business currently operating in San Bernardino shall be eligible for a Utility
13 User's Tax rebate if, after January 1, 2000, it meets the criteria in at least two of the categories
14 below:
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a.
Catel!orv A: Expansion Criteria
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(1)
The business expands by completing a permitted expansion at its
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current location, resulting in an increase of at least 25% of the
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(ii)
current construction valuation of the existing building; or
The business relocates within the city of San Bernardino, and the
relocation is to a facility with at least 25% more square feet than
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the previous location.
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b.
Catel!orv B: Job Criteria
23 The business creates and maintains at least 5 new, permanent full-time jobs
24 (50% of such new jobs shall pay at least $25,000 per year in wages andlor
2 5 commissions) in addition to the jobs already existing at the current
26 location(s) within the city, and sustains that job increase over the previous
27 12 month period prior to application for the rebate.
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Me-l078
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1 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION
3.44. 131(B) TO THE SAN BERNARDINO MUNICIPAL CODE AND ESTABLISHING A
2 UTILITY USER'S TAX REBATE PROGRAM FOR EXISTING BUSINESSES.
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c.
Catel!orv C: Sales Tax Criteria
The business generates at least $10,000 more in sales or use tax revenues
to the City than was generated in the previous 12 month period prior to
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application for the rebate.
If qualified under this section, the business shall be eligible for a rebate on
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d.
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the amount of paid Utility User's Tax paid by such business on electrical,
gas, video, and telephone communication services, imposed by this Chapter
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e.
according to the following schedule:
(1) 1st year - 75% rebate
(ii) 2nd year - 50% rebate
(iii) 3rd year - 25% rebate
(iv) 4th and subsequent years - no rebate
In no case shall any qualified business receive a rebate that exceeds the
amount of additional sales or use tax revenues received by the City during
the previous 12 month period prior to application for the rebate.
Additionally, if the business is receiving assistance from the Economic
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Development Agency under an Owner Participation Agreement (OP A) or
Disposition and Development Agreement (DDA), and the combined annual
value of Agency assistance provided together with proposed Utility Tax
Rebate exceeds the amount of additional annual sales tax revenue to the
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City, then the business shall not be eligible for the rebate
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2.
Any business currently operating in San Bernardino, and not qualified under
24 Subsection (1) above or Subsection (3) below, shall be eligible for a Utility User's Tax rebate ifit
25 creates, after January 1,2000, and maintains at least 50 new, permanent full-time jobs (50% of such
26 new jobs shall pay at least $25,000 per year in wages andlor commissions) in addition to the jobs
27 already existing at the current location(s) within the City, and sustains that job increase over the
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Me-1078
"
1 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION
3.44.131(B) TO THE SAN BERNARDINO MUNICIPAL CODE AND ESTABLISHING A
2 UTILITY USER'S TAX REBATE PROGRAM FOR EXISTING BUSINESSES.
3 previous 12 month period prior to application for the rebate. If qualified, the business shall be
4 eligible for a rebate of Utility User's Tax paid on the following scale:
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(1) 1 st year - 75% rebate
(ii) 2nd year - 50% rebate
(iii) 3rd year - 25% rebate
(iv) 4th and subsequent years - no rebate
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3.
Any business currently operating in San Bernardino shall be eligible for a Utility
10 User's Tax rebate if, after January 1, 2000, it adds a new additional location within the city of San
11 Bernardino, and continues to operate the previously existing location or locations within the City
12 for the previous 12 month period prior to application for the rebate. For purposes of this program,
13 the additional location shall be considered "new business" and shall be eligible for rebates in
14 accordance with the program already established for new businesses (Chapter 3.44. 131(A) of the
15 Municipal Code).
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4.
Any business currently operating in San Bernardino and qualified under Subsections
17 (1) or (2) above shall also be eligible for an additional rebate of 1 % on the amount of Utility User's
18 Tax paid for each San Bernardino resident that is hired to fill the new, permanent full-time jobs
19 created within the City that meet the wage criteria. Eligibility for any such additional rebates shall
20 be established by determining the residency of the new employees at the end of each year of rebate
21 eligibility. This determination shall be verified by the Economic Development Agency with such
22 supporting documentation as may be required by the Economic Development Agency. In no case
23 shall the total rebate paid to any claimant exceed the total amount of Utility User's Tax paid for the
24 period claimed, nor shall rebates be paid for any term other than the schedule established by this
25 section.
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5.
To claim a rebate under this section, the claimant shall submit a completed verified
27 claim form to the Economic Development Agency with such supporting documentation as may be
28 required by the Economic Development Agency to determine claimant's eligibility and to establish
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" .
Me-l078
1 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION
3.44.131(B) TO THE SAN BERNARDINO MUNICIPAL CODE AND ESTABLISHING A
2 UTILITY USER'S TAX REBATE PROGRAM FOR EXISTING BUSINESSES.
3 the amount of utility user's tax paid by claimant on the period claimed, and the commencement date
4 of the "first year" as that term is used herein. A claim for a rebate shall be submitted annually to the
5 Economic Development Agency not later than three months after the close of the year for which
6 such refund is sought. The verified claim must be signed by an authorized officer of the claimant.
7 The rebate shall be paid at the recommendation of the Economic Development Agency and subject
8 to approval of the Finance Department.
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6.
No rebates shall be paid if the subject business is no longer in operation in the city
10 of San Bernardino.
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7.
"First year" as used in this section, shall mean for an existing business, the twe1ve-
12 month period immediately proceeding following the date the claim for rebate is filed."
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Me-l078
1 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION
3.44.131(B) TO THE SAN BERNARDINO MUNICIPAL CODE AND ESTABLISHING A
2 UTILITY USER'S TAX REBATE PROGRAM FOR EXISTING BUSINESSES.
3 1 HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
4 Common Council of the City of San Bernardino at a it. reg meeting thereof, held on
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the 7 thday of Aug , 2000, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN
ESTRADA X
LIEN X
MCGINNIS X
SCHNETZ X
SUAREZ X
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ANDERSON X
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McCAMMACK X
ABSENT
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Q ,-{A"t. J...J. VA'Jc;'~,
. \.. City Clerk
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The foregoing ordinance is hereby approved this8th day of August ,2000.
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21 Approved as to
form and legal content:
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JAMES F. PENMAN,
23 City Attorney
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