Loading...
HomeMy Public PortalAboutOrd. 1352. ~ t ORDINANCE lvO. 1352 AN ORDINANCE OF THE CITY COIINCIL OF THE CITY OF LYNWOOD, CALIFORNIA, AMENDING., THE MIINICIPAL CODE TO ADD NEW CHAPTER 6'-5 IMPOSING A IITILITY IISER'S TAX, AND PROVIDING FOR C'r"FcTP_IN EXEMPTIONS THEREYl2OM THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES ORDAIN AS FOLLOWS: SECTION 1: New Chapter 6-5 is hereby added to the Lynwood Municipal Code to read as follows: CHAPTER 6-5. II'!'ILITY IISER'S TAX SECTION 6-5.1: Findings. The Council of the City of Lynwood finds and declares: 1. The City is facing a current budget crisis and must reduce police and fire service, maintenance of the streets, sidewalks, alleys, trees and other property open to the public as well as other community services vital to the preservation of the public peace, health and safety. 2. The cost of supplies, materials and other services required to provide necessary City services, increases substantially each year. 3. if Proposition 136 passes at the upcoming N6ire:^~^.er--E., 1~'~;: ei ~.".t1C_: a su.~..ft^+rsiy Gte of tl~a ,r,-'12:._e~ed electors of the City will be required~to approve any new general taxes. 4. It is necessary to impose the taxes set forth in this chapter prior to November 6, 1990 if the City is to obtain the revenues to meet the usual and current erpenses required to provide the services not only required by law but necessary for the immediate preservation of the public peace, health and safety of the City, and therefore intend this chapter to be effective immediately. 5. Zt is the intention and understanding of the People that this measure shall be deemed a "general tax" and that it is not a "special tax" within the meaning of Section 4 of Article XIII A of the California Constitution by virtue of the fact that the proceeds of this tax are to be deposited in the general fund of the City and are to be available to be used for any general governmental purpose that the City Council shall determine. 3l:CTIOPi 6-5.2: Puxoc~~~. The purpose of this chapter is to establish the methods tox° c<~lculating a utility user's tax on users of ., water, telephone, qas, electricity and cable (a) "Person" shall mean any domestic or foreign corporation, firm association, syndicate, joint stock company, partnership of any kind, joint venture, club, business or common law trust, society, or individuals. (b) "City" shall mean the City of Lynwood. (c) "Gas" shall mean natural or :uanufactured gas or any alternate hydrocarbon fuel which may be substituted therefor. (d) "Telephone corporation," "electrical corporation," "gas corporation," "water corporation," and "cable television corporation" shall have the same meanings as defined in S..ctions 234, 21E, .a22, 241, and 215-5, respectively, of the California Public Utilities Cade exceNt, "electrical corporation," "gas corporation" and "water corporation" shall also be construed to include any municipality, public agency os person engaged in the selling or supplying of electrical power or gas or water to a service user. (e) "Tax Administrator" shall mean the Finance Director of the City of Lynwood. (f) "Service supplier" shall mean any entity required to collect or self-impose and remit a tax as imposed by this chapter. (g) "Service user" shall mean a person required to pay a tax imposed by this chapter. (h) "Month" shall mean a calendar month. (i) "Non-utility Supplier" shall mean: (a) a service supplier, other than an electrical corporation serving within the City, whit"ri ge;:erates electrical energy in capacities of at least 50 kilowatts for its own use or for sale to others; or (b) a gas supplier other than a gas corporation, that sells or supplies gas to users within the city. SECTION 6-5.4: Exemptions. (a) Nothing in this chapter shall be construed as imposing a tax upon any person when imposition of such tax upon that person would be in violation of the Constitution of the United States or that of the State of California. (b) The City Council may, by order or resolution, establish one or more classes of persons or one or more classes of utility service otherwise subject to payment of a tax imposed by this chapter and provide that such classes of persons or service shall be exempt, in whole or in part from such tax. (c) The Tax Administrator shall prepare a list of the persons exempt from the provisions of this chapter bV virtue of this section and furnish a copy thereof to each service supplier. (b) As used in this section, the term '1charges10 shall not include charges for services paid for by inserting coins in coin-operated telephones except that where such coin- operated service is furnished for a guaranteed amount, the amounts paid under such guarantee plus any fixed monthly or other periodic charge shall be included in the base for computing the amount of tax due; nor shall the term "charges" include charges for any type of service or equipment furnished by a service supplied subject to Public Utility regulations during any period in which the same or similar services or equipment are also available for sale or lease from persons other than a service supplier subject to public utility regulation; nor shall the words "telephone communication services" include land mobile service or maritime mobile services as defined in Section 2. 1, of Title 47 of the Code of Federal Regulations, as said section existed on January i, 1970. The term "telephone communication services" refers to that services which provides access to a telephone system and the privilege of telephone quality communication with substantially all persons having telephone stations which are part of such telephone system. The Telephone Users Tax is intended to, and does, apply to all charges billed to a telephone account having a situs in the city, irrespective of whether a particular communication service originates and/or terminates within the city. (c) The tax imposed by this section shall be collected from the service user by the person providing the intrastate telephone communication services, or the person receiving payment for such services. The amount of the tax collected in one (1) month shall be remitted~to the Tax Administrator on or before the last day of the following month; or at the option of the person required to collect and remit the tax, an estimated amount of tax collected, measured by the tax bill in the previous month, shall be remitted to the Tax Administrator on or before the last day of each month. (d) Notwithstanding the provisions of subsection (a), the tax imposed under this section shall not be imposed upon any person for using intrastate telephone communication services to the extent that the amounts paid for such services are exempt from or not subject to the tax imposed under Division 2, Part 20 of the California Revenue and Taxation Code, or the tax imposed under Section 4251 of the Internal Revenue Code. SECTION 6-5.6: Electricity IIsers Tax. (a) There is hereby imposed a tax upon every person other than an electric or gas corporation using electrical energy in the city. The tax imposed by this Section shall be at the rate of not more than ten percent (l0$) of the charges made for such energy by an electrical corporation providing service in the city and shall be billed to and paid by the person using the energy. The tax applicable to electrical energy provided by a non-utility supplier shall be determined by applying the tax rate tc the equivalent charge the service user would iaavE incurred if `he energy used had been provided by the electrical corporation serv3.ng the residents of the city. Rate schedules for this purpose shall be available from (b) As used in this section, the term 01using electrical energy" shall not be construed to mean the storage of such energy by a person in a battery owned or possessed by him or her for use in an automobile or other machinery device apart from the premises upon which the energy was received, provided, however, that the term shall include the receiving of such energy for the purpose of using it in the charging of batteries; nor shall the term include electricity used and consumed by an electric utility supplier in the conduct of its business; nor shall the term include the mere receiving of such energy by an electric corporation or governmental agency at a point within the City of Lynwood for resale; nor shall the term include the use of such energy in the production or distribution of water by a water utility or a governmental agency. (c) The tax imposed in this section shall be collected for the service user by the service supplier or non- utility supplier. The tax imposed in this section on use supplied by self-generation or from a non-utility supplier not subjFCt to the jurisdiction of this chapter, shall be collected and remitted to the Tax Administrator in the manner set forth in Section 7. The amount of tax collected by a service supplier or a non-utility supplier in one month shall be remitted by U.S. mail to the tax Administrator, postmarked on or before the last day of the following month; or at the option of the person required to collect and remit the tax, an estimated amount of tax measured by the tax billed in the previous month, shall be remitted by U.S. mail, to the Tax Administrator, postmarked on or before the last day of each month. SECTION 6-5.7: Gas IIsers Tax. (a) There is hereby imposed a tax upon every person in the city othE-r than a gas corporation or electrical corporation, using, in the city, gas which is transported through mains or pipes or by mobile transport. The tax imposed by this section shall be at the rate of not more than ten percent (10$) of the charges made for the gas and shall be billed to and paid by the person using the gas. The tax applicable to gas or gas transportation provided by non-utility suppliers shall be determined by applying the tax rate to the equivalent charges the service user would have incurred if the gas or gas transportation has been provided by the gas corporation franchised by the city. "Charges" as used in this section shall include: (1) that billed for gas which is delivered through mains or pipes; (2) gas transportation charges; and (3) demand charges, service charges, customer charges, minimum charges, annual and monthly charges, and any other charge authorized by the California Public Utilities Commission or the Federal Energy Regulatory Commission. (b) The tax otherwise imposed by this section is not applicable to: (1) charges made far gas which is to be resold and delivered through mains and pipes; (2) charges made for gas used and consumed by a public utility or governmental agency in the conduct of its business or; (3) charges made by a qas public utility or gas used and consumed in the course of its public utility business: and (41 charges made for gas used in SECTION 6-5.11: Remittance of Tax. (a) Taxes collected from a service user which are not remitted to the Tax Administrator on or before the due dates provided in this chapter are delinquent. Should the due date occur on a weekend or legal holiday, the return may be postmarked on the first regular working day following a Saturday/Sunday, or legal holiday. SECTION 6-5.12: Actions to Collect. Any tax required to be paid by a service user under the provisions of this chapter. shall be deemed a debt owed by the service user to the city. ~,ny surx, tax colleted from a service user which has willfully been withheld from the Taz Administrator shall be deemed a debt owed to the city by the person required to collect and remit. Any person owing money to the city under the provisions of this chapter shall be liable to an action brought in the name of the city for the recovery of such amount. SECTION 6-5.13: Duty to Collect - Procedures. The duty to collect and remit the taxes imposed by this chapter shall be performed as follows: (a) Notwithstanding the provisions of Section 7, the tax shall be collected insofar as practicable at the same time as and along with-the charges made in accordance with the regular billing practices of the service supplier. Where the amount paid by a service user to a service supplier is less than the full amount of the service charge and tax which has accrued for the billing period, such amount and any subsequent payments by a service usAr shall be applied to the utility charge first until such charge has been fully satisfied. Any remaining balance shall be applied to taxes due. In those cases where a service user has notified the service supplier of his refusal to pay the tax imposed on said energy charges Section 13(c) will apply. (b) The duty to collect tax from a service user shall commence with the beginning of the first full regular billing period applicable to the service user where all charges normally included in such regular billing are subject to the provisions of this chapter. Where a person receives more than one billing, one or more being for different periods than another, the duty to collect shall arise separately for each billing. SECTION 6-5.14: Additional Power and Duties of Tax Administrator. (a) The Tax Administratur shall have the power and duty, and is hereby directed to enforce each and all of the provisions of this chapter. (b) The Tax Administrator shall have the power to _~~..a. ....i ..... ~..a ...~....1 ~*i....c nn± {nnnn~ictPTt Wlth DrOV1510R5 Of (c) The Tax Administrator may make administrative agreements to vary the strict requirements of this chapter so that collection of any tax imposed here may be made in conformance with the billing procedures of particular service supplier so long as said agreements result in collection of the tax in conformance with the general purpose and scope of this chapter. A copy of each such agreement shall be on file in the Tax Administrator's office. (d) The Tax Administrator shall determine the eligibility of any person who asserts a right to exemption from the tax imposed by this chapter. The Tax Administrator shall provide the service supplier with the name of any person who the Tax Administrator determines is exempt from the Tax imposed hereby, together with the address aiic account number to which service is supplied to any such exempt person. The Tax Administrator shall notify the service supplier of termination of any person's right to exemption hereunder, or the change of any address to which service is supplied to any exempt person. (e) The Tax Administrator shall provide notice to all service suppliers, at least 90 days prior to any annexation or other change in the city's boundaries. Said notice shall set forth the revised boundaries by street and address, along with a copy of the final annexation order from LAFCO. SECPION 6-5.15: Assessment - Service IIser Administrative Remedy. (a) Whenever the Tax Administrator determines that a service user has deliberately withheld the amount of the tax owed by him or her from the amounts remitted to a person required to collect the tax, or that a service user has refused to pay the amount of tax, such person may be relieved of the obligation to collect taxes due under this chapter from certain named service users far specified billing periods as set forth below. (b) The service supplier shall provide the city with amounts refused and/or unpaid along with the names and addresses of the service users neglecting to pay the tax imposed under provisions of this chapter. Whenever the service user has failed to pay the amount of tax for a period of two or more billing periods, the service supplier shall be relieved of the obligation to collect taxes due. (c) The Tax Administrator shall notify the service user that the Tax Administrator assumed responsibility to collect the taxes due for the stated periods and demand payment of such taxes. The notice shall be served on the service user by handing it to him or her personally or by deposit of the notice in the United States mail, postage prepaid thereon, addressed to the service user required to collect the tax; or, should the service user's address change, to the last known address. If a service user fails to remit the tax to the Tax Administrator within fifteen (15) days from the date of the service of the notice upon him or her, which shall be the date of mailing if service is not acscompl.ished in person, a penalty of twenty-five percent (25$) of the amount of the tax set forth in tha nntir< ah.~ll hp imnnsPd. but not less than $5.00. The records as may be necessary to determine the remittance to the Tax Administrator, which records the Tax Administrator shall have the right to inspect at all reasonable times. SECTION 6-5.17: Refunds. (a) Whenever the amount of any tax has been overpaid or paid more than once or has been erroneously or illegally collected or received by the Tax Administrator under this chapter, it may be refunded as provided in this section. (b) Notwithstanding the provisions of subsection (a) of this section; a service user. may claim a refund; or take as credit against taxes r°emitted the amount overpaid, paid :acre than once, or erroneously or illegally collected or received when it is established that the service user from whom the tax has been collected did not owe the tax; A service supplier that has collected any amount of tax in excess of the amount of tax imposed by this chapter and actually due from a service user, may refund such amount to the service user or claim credit for such overpayment against the amount of tax which is due upon any other monthly returns, provided such refund or credit is claimed in a return dated not later than three (3) years from the date of overpayment. (c) Notwithstanding other provisions of this section, whenever a service supplier, pursuant to an order of the California Public Utilities Commission or a court of competent jurisdiction, makes a refund to service users of charges for past utility services, the taxes paid pursuant to this chapter on the amount of such refunded charges shall also be refunded to service users, and the service supplier shall be entitled to claim a credit for such refunded taxes against the amount of tax which is due upon the next monthly returns. In the event this chap"e." is repe=ied; the am612nt:^s of arap refundable taxes will be borne by the city. (d) A service supplier may refund the taxes collected to the service user in accordance with this section or by the service supplier's customary practice. SECTION 6-5.18: Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this chapter or any part thereof. The City Council hereby declares that it would have been passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrases be declared unconstitutional. SF,CTION 6-5.19: Termination or Suspension of ~~~~t=y Users Tax. The ce r.;no ~... r.r.l ier chill n~nx. nntifiratinn_ SECTION 6-5.20• Operative Date. Under the provisions of Government Code §36937, this chapter shall become effective immediately upon passage of the enacting ordinance. The tax imposed under this chapter shall apply to bills rendered on or after 90 days or as soon thereafter as the respective utilities are physically and mechanically able to get "on line" for the imposition of charges (not more than 60 days). SECTION 2: The city clerk shall certify to the passage of this ordinance and shall cause same to be published once in the Lynwood press wi~h.n fifteen days after its passage. INTRODUCED this 25th day of October 1990. SIGNED, APPROVED AND ADOPTED THIS 7~hDAY OF w,..nmhar ' 1990. ATTEST: Robert Henning, or City of Lynwood, California ANDREA HOOPER, City Cler of the City of Lynwood, California y ~ 1 STATE OF CALIFORNIA ) COUNTY OF LAS ANGELES ) ss: CITY OF LYNWOOD ) I, ANDREA HOOPER, City Clerk of the City of Lynwood, California, do hereby certify that the foregoing ordinance was duly and regularly adopted, passed and approved by the City Council of the City of Lynwood, California, at a regular meeting of said City Coanril held at the re9vlar meeting place thereof on the ?5ttday of octnnPr 199c by t:Yre following vote: AYES: COUNCILMEMBERS HEINE, RICHARDS, WELLS, HENNING NOES: COUNCILMEMBER REA ABSENT: NONE EXCUSED: NONE e Dated this Zsthiay of October , 1990. ~SrS2..=~ off, ~r~-~~-/ Andrea Hooper; City Cler