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HomeMy WebLinkAboutOrd 1976-1717 , ' . . -- ' ' ��, � ' . , _/(, ' ORDINANCE NO. 1717 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 3 . 44 . 021 OF CHAPTER 3 , 44 OF THE CHULA VISTA � MUNICIPAL CODE, RELATING TO. PROVISIONS FOR A REBATE OF UTILITY USER'S TAX TO SENZOR CITIZENS QUALIFY- � ING FOR AN EXEMPTION The City Council of the City of Chula Vista does ordain as follows : SECTION I : That Subsection B of Section 3 . 44 . 021 of � Chapter 3 . 44 of the Chula Vista Municipal Code be, and the same is hereby ar,iended to read as follows : Sec. 3 . 44.021 , Senior Citizen Exenption. B. .Any service user exempt from the taxes imposed � by this Chapter because of the provisions of subsection A above, may file an application with the Director of Finance for an exemption. Such an application shall be made upon forms supplied by the Director of Finance and shall recite facts verified by declaration under penalty of perjury which qualify the applicant for an � exemption. The Director of Finance shall review all such applications and certify as exempt those appli- cants determined to qualify therefor and shall notify • all service suppliers affected that such exemption has been.approved, stating the name o£ the applicant, the address to which such exempt service is being supplied, the account nunber, if any, and such other information as may be necessary for the service supplier to remove the exempt service user from its tax billing procedure. Said certification- of such application for exemption shall be granted if the eligibility requirements of subsection A are met, except that no exemption shall � be granted to an applicant who is receiving service from a service supplier through a master meter, or who � is sharing or prorating service with other service users even though such service users qualify under the pro- visions of subsection A. Provided, however, that the person receiving service through a master meter or shar- ing or prorating service with other service users, shall , be eligible for a rebate of the Utility User' s Tax in the amount of $12 . 00 per year, or any larger amount upon a showing of actual billing from the person having control of said master meter, to be paid at the begin- ning of each fiscal year £or the preceding fiscal year, commencing on July 1, 1977. Such person seeking said rebate must file the application therefor on or before � September lst of each year to receive said rebate for the preceding fiscal year. It is furttier provided that said rebate may be prorated i£ the applicant has not resided in the same location for the full preceding fiscal year. D]o exemption shall be granted with respect to any tax imposed by this chapter which is or has been � paid by a public agency or where the applicant receives funds from a public agency specifically for the payment of such tax. ' ' . . . . ` • : . ' .Upon receipt of such notice, the service supplier shall not be required to continue to bill any further tax imposed by this chapter from such exempt service user until further notice by the Director of Finance is given. The service supplier shall eliminate such � exempt service user from its tax billing procedure for bills dated on or after July 1 , 1976 upon receipt of such notice from the Director of Finance prior to • July 1, 1976 and thereafter the bills dated no later than sixty (60) days after• receipt of such notice from the Director of Finance. All exemptions shall continue and be renewed auto- matically by the Director of Finance so long as the = prerequisite facts supporting the initial qualification for exemption shall continue; provided, however, that the exemption shall automatically terminate with any change in the service address or residence of the exempt individual; further provided such individual may never- theless apply £or a new exemption with each change of � address or residence. Any individual exempt from the tax shall notify the Director of' Finance within ten days of any change' in fact or circumstance which might ' disqualify said individual £rom receiving such exemption. It- shall be a misdemeanor for any person to knowingly - receive the benefits oP the exemptions provided by this • section�when the basis' for such exemption either does not exist or ceases to esist. .Notwithstanding any of the provisions of this sub- section, however, any service supplier who determines by any means that a new or non-exempt service user is receiving service through a meter or connection exempt , by virtue of any exemption issued to a previous user ' or exempt user of the same meter or connection, such service supplier shall immediately notify the Director of Finance of such fact and the Director of Finance shall conduct an .investigation to ascertain whether or not the provisions of this section have been complied � with, and where appropriate, order the service supplier to commence collecting the tax from the non-exempt • service user. SECTION II: This ordinance shall take effect and be in , full force and effect on the thirty-first day from and after its adoption. Presented and Approved as to Form by . � ��.."c'C�i`'v i'" George D. Lin erg, City Attorn _ �� I � . ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ihis 14th d0y of December 197 6 , by the following vote, to—wit: , � AYES� Councilmen Cox, Hamilton, Eedahl . Hobel . Hvde NAYES� Councilmen Vone ABSTAIN: Councilmen None ABSENT: Councilmen �`�ne ' ��'��"�"��'%���9ydG'(i�li Mayor of the City of Chul Vista ATTEST �� City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of ihe City of Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of ,and that the same has not been amended or repealed. DATED (seal) CiTy Clerk ,l\1 cc-sso