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HomeMy WebLinkAbout35-City Clerk o o o CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Rachel G. Clark, City Clerk Subject: Ordinance repealing Sections 3.44.030 and 3.44.040 of Chapter 3.44 of the Municipal Code and amending Section 3.44.065 of said Code.- Date: June 12,2008 MICC Meeting Date: July 7, 2008 Synopsis of Previous Council Action: Februarv 5. 2008 - the voters of San Bernardino approved Measure L adding Chapter 3.46 to Title 3 of the San Bernardino Municipal Code with respect to the Service User's Tax Reduction and Modernization Act and amending Sections 3.44.050 and 3.44.060 of said Code reducing the Electricity Users Tax and the Gas Users Tax. Recommended Motion: That said ordinance be laid over for final adoption. ~,~~_ fJ. C.f..cAAc Signature Contact person: Rachel G. Clark Phone: 3210 Supporting data attached: .taffreport ordinance Ward: All FUNDING REQUIREMENTS: Amount: none Source: (Acct. No.) (Acct. Description) Finance: Council Notes: 7~ 35 . Agenda Item No. o o o . STAFF REPORT From: !!!!lli Rachel G. Clark, City Clerk June 17, 2008 Subiect: Ordinance of the City of San Bernardino repealing Sections 3.44.030 and 3.44.040 of Chapter 3.44 - Services Users Tax - of the San Bernardino Municipal Code and amending Section 3.44.065 of said Code. Back2round On February 5, 2008, the voters of San Bernardino approved Measure 1. Measure L updated and modernized the City's Utility Users Tax (UUT) ordinance and reduced its rate to 7.75%. When the Municipal Code supplement reflecting the changes approved by the voters was sent to the City Clerk's Office for distribution to subscribers, we noted during our proofreading that clean up language would be needed to repeal Sections 3.44.030 - Telephone Users Tax - and 3.44.040 - Video Users Tax as the new Chapter 3.46 supersedes those two sections. Additionally, language in Section 3.44.065 - Application of City users tax - needs to be amended to reflect the correct users tax, i.e., 7.75% instead of7.83%. This was brought to the attention of the City Manager's Office and the City Attorney's Office and the attached proposed ordinance has been prepared by the City Attorney's Office. It is a follow up action to amend the City's Municipal Code to reflect the new language resulting from the passage of Measure 1. This is a routine matter and has no impact on the City's UUT. Financial impact: None Recommendation: That said ordinance be laid over for final adoption. - .__:-,'-.,1..,."""."",,- ~- o o o 1 2 ".- ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING SECTIONS 3.44.030 AND 3.44.040 OF CHAPTER 3.44-SERVICE USER'S TAX-OF THE SAN BERNARDINO MUNICIPAL CODE AND AMENDING SECTION 3.44.065 OF SAID 4 CODE. 3 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 6 DO ORDAIN AS FOLLOWS: 5 7 SECTION 1. Section 3.44.030 of Chapter 3.44 of the San Bernardino Municipal Code is hereby repealed. 8 9 SECTION 2. Section 3.44.040 of Chapter 3.44 of the San Bernardino Municipal Code is hereby repealed. 10 11 SECTION 3. Section 3.44.065 of Chapter 3.44 of the San Bernardino Municipal Code is 12 hereby amended as follows: 13 3.44.065 14 A. 15 16 17 18 19 III 20 III 21 III 22 23 24 25 26 27 28 Application of City User's Tax The 7.75 percent (7.75%) users tax imposed on telecommunication services pursuant to Chapter 3.46, 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 7.75 percent (7.75%) 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 change in the method of calculation of the utility users tax. F:\CALKINS\Ordinances\City User's Tax.Ordinance Amendment no.l.wpd o o 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING SECTIONS 2 3.44.030 AND 3.44.040 OF CHAPTER 3.44-SERVICE USER'S TAX-OF THE SAN BERNARDINO MUNICIPAL CODE AND AMENDING SECTION 3.44.065 OF SAID 3 CODE. 4 5 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof, held 19 Rachel G. Clark, City Clerk 20 21 22 23 24 Approved as to Form: ,2008. The foregoing Ordinance is hereby approved this _ day of Patrick J. Morris, Mayor City of San Bernardino 25 JAMES F. PENMAN, City Attorney 26 :: B'r 'N'~ F:\CALKINS\Ordinances\City User's Tax.Ordinance Amendment no.l.wpd