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HomeMy WebLinkAboutMC-297U . ; '. 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 ORDINANCE NO. "C-.2 9 7 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 3.44 OF THE SAN BERNARDINO MUNICIPAL CODE TO INCREASE THE SERVICE USERS TAX FROM SIX PERCENT TO EIGHT PERCENT, EFFECTIVE OCTOBER 1, 1983, TO PROVIDE THAT REFUNDS OF LOW INCOME SERVICE USERS TAXES SHALL TERMINATE ON DECEMBER 31, 1983, TO PROVIDE FOR EXEMPTION OF LOW INCOME SERVICE USERS FROM SERVICE USERS TAXES EFFECTIVE JANUARY 1, 1984, TO PROVIDE FOR CAPPING OF CHARGES AND ESTABLISHING SUNSET PROVISIONS, AND DECLARING THE URGENCY THEREOF. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Section 3.44.030 Subsection A is amended to read as follows: "A. A tax is imposed upon every person in the City using intrastate telephone communication services in the City. The tax imposed by this section shall be at the rate of eight percent of the charges made for such services and shall be paid by the person paying for such services." SECTION 2. Section 3.44.040 Subsection A is 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 television cable company in the City. The tax imposed by this section shall be at the rate of eight percent of the charges made for such services and shall be paid by the person paying for such services." SECTION 3. Section 3.44.050 Subsection A is amended to read as follows: "A. A tax is imposed upon every person in the City using electrical energy in the City. The tax imposed by this section shall be at the rate of eight percent of the charges made for such energy and shall be paid by the person paying for such energy. MC-297 " 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 , '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. Section 3.44.060 Subsection A is 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 percent of the charges made for such gas and shall be paid by the person paying for such gas. " SECTION 5. Section 3.44.140 Subsection A of the San Bernardino Municipal Code is amended to read: "A. A refund of all taxes due and paid under the provisions of this chapter for utility services rendered on and after July 1, 1975, and through June 30, 1983, and a refund based on the average monthly payment of taxes for utility services rendered from July 1, 1983 through December 31, 1983, shall be made whenever all of the following occur: 1. The annual gross income of the household in which one person lives is less than six thousand dollars for the claimant's last preceding federal or state personal income tax reporting period; or 2. The annual gross income of the household in which a married couple or family lives is less than nine thousand dollars for all household occupants' last preceding federal or state personal income tax reporting period; and 3. Claimant makes application and files a verified -2- . MC-297 , 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 claim in writing with the Director of Finance at City Hall for such refund upon a claim form provided by said director; and 4. The claim is approved by said director as being in conformance with this subsection. Only one member of each household may file a claim and only one claim may be filed for each individual household." SECTION 6. Section 3.44.140 Subsection D of the San Bernardino Municipal Code is amended to read: "D. The claim for such refund, for the preceding twelve- month period ending on June 30th, shall be made only during the month of September or October of each year, and must be accompanied by a copy of the utility bills, together with proof that the utility taxes have been paid by the claimant or some member of the household. In order to convert from the refund procedure established by this section to the exemption procedure established in Section 3.44.144, the claim for a refund for the preceding six- month period ending December 31, 1983, shall also be made during the months of September and October, 1983. The amount of refund shall be computed by the Finance Director and shall be based on the average monthly payment of utility taxes paid during the preceding twelve months ending June 3D, 1983. The decision of the Finance Director as to the amount of refund to be made shall be final. No refund shall be made on any claim made pursuant to this section which is filed or postmarked later than the thirty- first day of October, 1983." SECTION 7. Section 3.44.144 is added to the San Bernardino -3- MC-29r 1 Municipal Code to read: 2 "Section 3.44.144 Exemption for household service users - 3 Low income. 4 A. Effective January 1, 1984, the tax imposed by this 5 chapter shall not apply to any individual who uses telephone, 6 electric, gas or cable television services in or upon any premises 7 occupied by such individual provided that the following conditions 8 are satisified. 9 1. The annual gross income of the household in which 10 one person lives is less than nine thousand dollars for the 11 claimant's last preceding federal or state personal income tax 12 reporting period; or 13 2. The annual gross income of the household in which a 14 married couple or family lives is less than twelve thousand 15 dollars for all household occupants' last preceding federal or 16 state personal income tax reporting period; and 17 3. The conditions of Section 3.44.140 Subsection A, 18 paragraphs 3 and 4, and Subsections B, C, and F are satisfied, 19 with the word 'claimant' therein referring to the individual 20 applying for exemption. 21 B. Any person claiming exemption pursuant to this section 22 shall file a claim for exemption during the months of September or 23 October of 1983, and each year thereafter, for exemption for the 24 subsequent calendar year. 25 An application for exemption shall be made upon forms 26 supplied by the Finance Director and shall declare facts under 27 oath which qualify the applicant for the exemption. 28 C. The Finance Director or his designee shall review all -4- KC-297 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 applications for exemption, certify as exempt those applicants who qualify, and notify all service suppliers affected that such exemptions have been approved, stating the name of the exempt applicant, the account number shown on the utility bill, the address to which exempt service is being supplied, and any other information necessary for the service supplier to remove the exempt service user from its tax billing procedure. Upon receipt of notice from the Finance Director, the service supplier shall not be required to collect any further tax imposed by this chapter from such exempt service user until further notice from the Finance Director. D. All exemptions shall expire on December 31st of the year for which they are issued unless application for renewal is made before the preceding October 31st. The Finance Director shall notify each service supplier by January 1st of each year to resume taxing the accounts of those service users who have not applied for renewal of their exempt status or whose applications for renewal have been denied. Upon receipt of the written notification, these service suppliers shall resume taxing those accounts affected commencing with the first billing period beginning on and after January 1. Notwithstanding any of the provisions of this section, any service supplier who determines during any calendar year by any means readily available to it that a nonexempt service user is receiving service through a meter or connection exempt by virtue of an exemption issued to a previous user of the same meter or connection, the service supplier shall forthwith resume the collection of taxes imposed by this chapter upon the nonexempt -5- MC-297 1 service user. 2 E. Any individual who has been exempted from the tax shall 3 notify the Finance Director within ten days of any change of 4 address or any other change in fact or circumstance which might 5 disqualify that individual from receiving the exemption. If it is 6 determined by the Finance Director that the individual is no 7 longer qualified, the Finance Director shall give notice to the 8 service supplier who shall resume collection of the tax imposed by 9 this chapter commencing with the next billing period. If the user 10 is entitled to exemption at a new address, the Finance Director 11 shall notify affected service suppliers of that fact. 12 F. It shall be a misdemeanor for any person to knowingly 13 receive the benefits of the exemptions provided by this section 14 when the basis for the exemption either does not exist or ceases 15 to exist. 16 The Finance Director may from time to time, or at any 17 time, demand evidence of continued eligibility of a service user 18 for exemption under the provisions of this section. Such evidence 19 may include, without limit, copies of business records, letters or 20 statements from the Social Security Administration, copies of 21 income tax returns, and other evidence concerning the service user 22 or members of his household which may tend to prove or disprove 23 eligibility. Failure to provide sufficient evidence to establish 24 eligibility when requested by the Finance Director shall be 25 grounds for denial or discontinuance of the service users' 26 exemption, but evidence voluntarily provided to the Finance 27 Director may only be used as grounds for termination of the 28 exemption and not as evidence of violation of the provisions of -6- MC-2~7 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 29 .' , this section. If the Finance Director determines that an application for exemption is faulty or untruthful, the application shall be denied in writing and the applicant may file an amended application or appeal the decision of the Finance Director to the City Administrator, whose decision shall be final. G. No individual shall be exempt from the tax imposed by this chapter except in accordance with this section. The provisions of this section shall not apply retroactively, and no refund shall be made for any taxes paid prior to the issuance and effective date of an exemption granted by the Finance Director, nor shall any refund be made for any taxes collected during any period in which an exemption from the Finance Director was not in effect or had lapsed by failure to apply for renewal." SECTION 8. Section 3.44.160 is added to the San Bernardino Municipal Code to read: "3.44.160 Setting aside increase (Sunset provision). In the event the beginning undesignated fund balance for the City of San Bernardino's General Fund in the 1984-1985 preliminary or final budget, as in effect on July 1, 1984, is more than five percent of the proposed expenditures and obligations of the General Fund for that budget, as determined by a written declaration filed by the Director of Finance with the City Clerk, the tax imposed in this chapter shall be reduced to six percent for all services effective upon the first billings after July 1, 1984." SECTION 9. Effect of increase in charges (capping). The tax increase imposed by this ordinance is intended to meet the fiscal needs of the City based upon current rates and charges for -7- MC-29'l , , . 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 " telephone, cable television, electrical and gas services to inhabitants of the City. In the event these rates and charges, or any combination thereof, are increased significantly above current levels, the Director of Finance shall report such fact to the Mayor and Common Council, which shall consider appropriate action. SECTION 10. Urgency. This ordinance is adopted as an urgency measure, inasmuch as it provides for a tax levy for the usual and current expenses of the City, and shall take effect and become operative on October 1, 1983. The facts constituting such urgency are that an increase in the rate of the service users tax to eight percent is necessary to provide sufficient revenue to balance the 1983-1984 fiscal budget of the City of San Bernardino which was approved July 1, 1983 and so that sufficient revenue can be collected to meet the financial obligations and indebtedness of the City being incurred. Without urgent adoption, this tax would not be effective as of October 1, 1983. I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at an adlourned reqular meeting thereof, held on the 3rd day of August , 1983, by the following vote, to wit: AYES: Council Members Castaneda, Reilly, Marks, Quiel, Frazier, StrickJ.er NAYS: Council Me~her Hernandez ABSENT: none ~&/?d/ U.d1b' / City Clerk . . . . . -8- MC-.2~7 .' , . 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 . . . . . '~. The foregoing ordinance is of P\'ugust , 1983. Approved as to form: //f~~~ City A torney day -9-