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HomeMy WebLinkAbout38-City Administrator . ... 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I' II' . . 1 ORDINANCE NO. MC-820 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 3.44 OF THE SAN BERNARDINO MUNICIPAL CODE INCREASING THE AMOUNT OF 3 SERVICE USERS TAX TO EIGHT AND ONE HALF PERCENT 4 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 using any teletypewriter 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 elf 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 1 February 'Ci;b . 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 I' II KC-820 . . 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/uti1ity.Ord 2 February 3, 1992 I! II' 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 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 take effect on July 1, 1992 and shall expire on June 30, 1995. III III III III III III III DAB/js/utility.Ord 3 February 3, 1992 ~ I! n I MC-820 . . . 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 3.44 OF THE SAN BERNARDINO MUNICIPAL CODE INCREASING THE AMOUNT OF 2 SERVICE USERS TAX TO EIGHT AND ONE HALF PERCENT 3 I HEREBY CERTIFY that the foregoing ordinance was duly 4 adopted by the Mayor and Common Council of the City of San 5 Bernardino at a regular meeting thereof, held on the 17th 6 day of February 7 Council Members: 8 ESTRADA 9 REILLY 10 HERNANDEZ 11 MAUDSLEY 12 MINOR 13 POPE-LUDLAM 14 MILLER 15 16 17 18 19 20 21 22 , 1992, by the following vote, to wit: AYES NAYS x x x x x x x ABSTAIN ABSENT ~'<Lt ~ Cit lerk The foregoing ordinance /,,/1. day of Februarv , 1992. //'1 / __ ~ 'R / HOl'Comb, Mayor / City of San ~ernardino Approved as to form and legal content: 23 JAMES F. PENMAN, City Attorney 24 25 ~~l/'0 26 27 28 DAB/jS/utility.Ord 4 February 3, 1992 . I: ,: . VERBATIM TRANSCRIPT OF PORTION OF COUNCIL MEETING MINUTES OF FEBRUARY 3, 1992 CONCERNING ITEM AS-1 (UTILITY TAX ORDINANCE) MAYOR HOLCOMB: CITY CLERK KRASNEY: CITY ADMINISTRATOR CLARK: . . MAYOR HOLCOMB: KRASNEY: MAYOR HOLCOMB: COUNCILMAN HERNANDEZ: What items did we not complete? AS-I, Mayor, and the impasse hearing. AS-I is the followup action to the action you took to increase the utility tax by 1/2 cent. So this is the enabling ordinance. Has the title been read? Yes, Mayor. Can we have a motion to waive further reading and to layover for final passage? Just waive only, because I voted against. Waive only. MAYOR HOLCOMB: Alright, motion to waive only. COUNCILMAN REILLY: So moved. COUNCILMAN HERNANDEZ: Second. MAYOR HOLCOMB: Can we have a motion to layover for final passage? COUNCILMAN REILLY: So moved. COUNCILWOMAN ESTRADA: Second. MAYOR HOLCOMB: Call for the question. COUNCILMAN MINOR: Discussion. I read it and I might have missed it. I didn't see any place where there was a three-year sunset clause and I believe there was ... SHAUNA CLARK: You have the power to add it by interdelineation in the final document. #3g . II 'I . PAGE TWO OF TRANSCRIPT OF PORTION OF COUNCIL MEETING OF FEBRUARY 3, 1992 COUNCILMAN MINOR: COUNCILWOMAN ESTRADA: SHAUNA CLARK: COUNCILWOMAN ESTRADA: SHAUNA CLARK: CITY ATTORNEY PENMAN: SR. ASST. CITY ATTORNEY BARLOW: COUNCILWOMAN ESTRADA: COUNCILMAN MINOR: MAYOR HOLCOMB: COUNCILWOMAN ESTRADA: COUNCILMAN MINOR: SHAUNA CLARK: COUNCILWOMAN ESTRADA: COUNCILWOMAN MILLER: COUNCILMAN MINOR: COUNCILWOMAN MILLER: Well, I am correct though? Did we not agree to a three-year sunset clause? Yes, we did. Yes, that was part of your motion. You're absolutely correct. Jim, can we interdelineation? add a section by We can. Mr. Barlow, do you want to state for the record what those interdelineations would be. I would just suggest that you add a separate section that says this section expires on . I think you had stated three years from July Three years from July, yes. It would be June 30th nineteen ninety... 94. Six. 95. Three years? Yeah. Yeah, 95. 95. . . PAGE THREE OF TRANSCRIPT OF PORTION OF COUNCIL MEETING OF FEBRUARY 3, 1992 COUNCILMAN MINOR: COUNCILWOMAN ESTRADA: MAYOR HOLCOMB: COUNCILMAN REILLY: MAYOR HOLCOMB: MAYOR HOLCOMB: June 30, 1995. Okay. Alright, that would be inserted by interdelineation. Is that acceptable to the maker of the motion? Yes. Is that acceptable to the ... Yes. Call for the question.