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HomeMy WebLinkAboutMC-820 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. MC-820 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 3.44 OF THE SAN BERNARDINO MUNICIPAL CODE INCREASING THE AMOUNT OF SERVICE USERS TAX TO EIGHT AND ONE HALF PERCENT THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Subsection A of section 3.44.030 of the San Bernardino Municipal Code is hereby amended to read as follows: "A. A tax is imposed upon every person in the City using telephone communication services, including services for intrastate, interstate, or international calls, and any teletypewriter using exchange services in the City. The tax imposed by this section shall be at the rate of eight and one half percent (8 1/2%) of the charges made for such services and shall be paid by the person paying for such services. Interstate calls shall be deemed to include calls to the District of Colombia." Section 2. Subsection A of section 3.44.040 of the San Bernardino Municipal Code is hereby amended to read as follows: "A. A tax is imposed upon every person in the City using services from a closed circuit system (CATV Services) of a tele- vision cable company in the City. The tax imposed by this section shall be at the rate of eight and one half percent (8 1/2%) DAB/js/utility.Ord I February 3, 1992 MC-820 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of the charges made for such services and shall be paid by the person paying for such services." Section 3. Subsection A of section 3.44.050 of the San Bernardino Municipal Code is hereby amended to read as follows: "A. A tax is imposed upon every person in the City using electrical energy in the Ci ty. The tax imposed by this section shall be at the rate of eight and one half percent (8 1/2%) of the charges made for such energy and shall be paid by the person paying for such energy. 'Charges', as used in this section, shall include charges made for ( 1) metered energy and ( 2 ) minimum charges for services, including customer charges, service charges, demand charges, standby charges and annual and monthly charges." Section 4. Subsection A of section 3.44.060 of the San Bernardino Municipal Code is hereby amended to read as follows: "A. A tax is imposed upon every person in the City using gas which is delivered through mains or pipes. The tax imposed by this section shall be at the rate of eight and one half percent (8 1/2%) of the charges made for such gas and shall be paid by the person paying for such gas." III DAB/js/utility.Ord 2 February 3, 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 5. Section 3.44.065 of the San Bernardino Municipal Code is hereby amended to read as follows: "The eight and one half percent (8 1/2%) users tax imposed on telephone communication services pursuant to section 3.44.030, on CATV service pursuant to section 3.44.040, on electrical service pursuant to section 3.44.050, and on gas service pursuant to section 3.44.060 shall be imposed only upon charges made for consumer services. The eight and one half percent (8 1/2%) users tax shall not be levied upon any state or federal tax, fee or surcharge which is separate from the users service charges. This section is intended to clarify existing law; it does not propose any charge in the amount or method of calculation of the utility users tax. " Section 6. This ordinance shall expire on June 30, 1995. III III III III III III III III DAB/js/utility.Ord February 3, 1992 3 MC-820 1 2 3 4 5 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 3.44 OF THE SAN BERNARDINO MUNICIPAL CODE INCREASING THE AMOUNT OF SERVICE USERS TAX TO EIGHT AND ONE HALF PERCENT I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Bernardino at a regular 6 day of February 7 Council Members: Common Council of the City of San meeting thereof, held on the 17th , 1992, by the following vote, to wit: 8 ESTRADA 9 REILLY 10 HERNANDEZ 11 MAUDSLEY 12 MINOR 13 POPE-LUDLAM 14 MILLER 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AYES NAYS X X X X X X X ABSTAIN C~~~ ABSENT The foregoing ordinance is hereby of Februarv , 1992. Approved as to form and legal content: JAMES F. PENMAN, City Attorney ~a0 DAB/jS/utility.Ord -;._/ /Cjf;.. day 4 February 3, 1992 .. f' C I T Y 0 F SAN B ERN A R DIN 0 INTEROFFICE MEMORANDUM TO: Shauna Clark, City Administrator FROM: Rachel Krasney, City Clerk DATE: March 3, 1992 SUBJECT: Notification of Amendment to Utility User's Tax Ordinance COPIES: Jim Penman, City Attorney; Andrew Green, Finance Director; Marilyn Dixon, City Administrator's Office On March notifying ordinance Ordinance 3, 1992, the following companies were sent letters them of the amendment to the Utility User's Tax (see attached). Enclosed with each letter was a copy of No. MC-820 which reflects the change in effective date. Southern CA Edison Co. Southern Calif. Gas Co. Arthur, Anderson & Co. AT&T Co. Cable & Wireless Call America of No. Calif. Com Systems Inc. General Telephone Inc. General Telephone West Area Integretal Inc. International Appraisal Metro Media MCI Telecommunications Operator Assistance Pac Bell Resurgens Comm. Group Tel America Telenational Telesphere U. S. Sprint Communications Allnet Comm. Services Inc. LA Cellular pactel Cellular Southland Cablevision Chambers Cable of So. CA Inc. Mountain Shadows Community TV Comcast Cable If you have any questions regarding these mailings, please feel free to contact Jeanne' Fitzpatrick at ext. 5002. q~~/ J ~.. ,.':_,;\:.~:-..:.:-- ~-.:;. .........;,,' ...,..-...... .... ",-.'. -, . ~--~"'. C T Y 0 F- , ---' :;!;~".~-,-~ . ,~:.:.~.L;;.~:.: -, ., ..~ ,-~., ~~"-;~" ~':;, . San Bernardino . . ~. -..:.--.- RACHEL K R A S N E Y C I T Y C L E R K March 3, 1992 Jim Burns Southern CA Edison Co. 287 Tennessee Street Redlands, CA 92373 Dear Sir or Madam: On February 20, 1992, you were notified that the Mayor and Common Council of the City of San Bernardino adopted Ordinance No. MC- 820 increasing the amount of Utility User's Tax to eight and one half percent (8.5%). The letter erroneously indicated that the ordinance would take effect on July 1, 1992; however, this letter will serve to correct that misinformation. At a regular meeting of the Mayor and City Council held on March 2, 1992, the City Council, at the request of the City Attorney, verbally clarified and confirmed the intent of their action taken at the February 3, 1992 Council meeting wherein they enacted Ordinance No. MC-820 increasing the utility tax by 1/2 percent. It was the Council's intent that such increase would take effect 31 days after its adoption. The first reading of the Ordinance took place on February 3, 1992 and the final reading was on February 17,1992. Therefore, Ordinance No. MC-820 will take effect on March 19. 1992. The sunset clause will expire on June 30, 1995. A copy of Ordinance No. MC-820 is enclosed for your files and future reference. If you have any questions, please feel free to contact the City Clerk's Office at (714) 384-5002. Sincerely, J /;;l ~ I /, ',cZdI" X~b<' V! /Ir ~acnel Krasney:l rJ / '-;/ / --/,- City Clerk ~)&u~1 RK:jf Enclosure POST OFFICE BOX 1318, SAN BERNARDINO, CALIFORNIA 9 2 " 0 2 300 NORTH CALIFORNIA 714/384-5102 o STREET SAN BERNARDINO, 92418-0001 714/384-5002 FAX.714/384-5468