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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.
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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.
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STAFF REPORT
From:
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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.
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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
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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
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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
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F:\CALKINS\Ordinances\City User's Tax.Ordinance Amendment no.l.wpd