HomeMy WebLinkAboutOrd 1977-1754, X %
ORDINANCE NO. 1754
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CIiAPTER 3 . 44 OF THE CHULA VISTA MUNICIPAL CODE BY
ADDING THERETO A P7EW SECTION 3 . 44 .022 AND AAIENDING
SECTIONS 3 . 44 . 010, 3. 44 .040A, and 3 . 44 . OSOA, ALL
RELATITIG TO MAXIMUM LIisITATIONS ON AND FIXIrIG THE
BASES FOR ELECTRIC AND GAS UTILITY USERS ' TAX RATES
The City Council of the City of Chula Vista does ordain
as follows :
SECTION. I : That Chapter 3 . 44 of the Chula Vista Municipal
Code is hereby ar.iended by adding a new Section 3 . 44 . 022 and amending
Sections 3. 44 .010 , 3 . 49. 040A and 3. 44 . OSOA, to be and to read as
follows :
Sec. 3 . 44 . 010 Purpose and Intent and Definitions .
In amending the utility users ' tax ordinance, it is
the purpose and intent of the City Council to achieve
two major goals . First, it is desired to eliminate the
high and unequitable and the chilling effect upon busi-
ness expansion from those major, commercial and indus-
trial businesses to whom the use of electric and gas
energy are essential to both productivity and employment.
- Second, the smaller utility users ' tax .payer must be
protected from uncontrolled increases in the tax brought
about by steadily increasing costs of service and energy
granted by the Public Utilities Commission and at the
same time to provide for a change in the tax system,
an incentive for the conservation of energy. This can
be accomplished by placing a maximum limitation of
$80 , 000 in taxes per year for those large industrial
and commercial users who would normally pay in excess
of the tax as established herein.
Except where the context otherwise requires, the
definitions given in this section govern the construction
of this chapter.
A. "Month" means a calendar month for purposes of
the delivery of collected taxes by the utility companies
to the city, and the billing period for the service user
for the purpose of collection of the tax by the utility
companies from the service user.
B. "Person" means any individual, firm, partnership,
joint venture , association, social club, fraternal organi-
zation, joint stock company, corporation (except public
utilities) , estate, trust, business trust, receiver,
trustee, syndicate, or any other group or combination
acting as a unit.
C. "PUblic utility" as used herein has the same
meanings as defined in Sections 218, 222 and 234 , respec-
tively, of the Public Utilities Code of the State of
California as said sections existed on September 1, 1970 .
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D. "Service user" means a person required to pay a
taz imposed under the provisions of this chapter.
Sec. 3. 44 . 0.22 Maximum Limitations.
The utility users ' tax charges as established in this
chapter in accordance with the rate bases set forth in
Sections' 3.44 . 040A and 3. 44 . OSOA for the collection fron
electrical and gas users shall in no case result in a
fiscal year tax payment for any person using said elec-
tric or gas energies of more than Eighty Thousand Dollars
($80 ,000) for the fiscal year 1977-78, Any person upon
declaration to the city that said rate bases will result
in� a tax burden of Eighty Thousand Dollars ($B0,000) or
more may enter into an agreement to waive the application
of said tax rate and pay to the City in lieu thereof the
sum of $80 ,000 payable in advance quarterly ($20,OU0)
commencing July 1 , 1977.
Sec. 3 . 44 . 040 Electricity Users' Tax - Imposition
- Rate - Collection - Exemptions -
1 Rebates.
� A. There is hereby imposed a tax upon every person
in the city using electrical energy in the city. The
tax imposed by this section shall be at a rate established
by the imposition of the factor of . 00200 for each kilo-
watt of such energy used and shall be paid by the person
paying for such energy. "Charges" as used in this section
sha11 include charges made for metered energy and minimum
charges for service including customer charges, service
charges, service establishment charges , demand charges,
standby charges, and annual and monthly charges.
Sec. 3. 44.050 Gas Users ' Tax - Imposition - Rate
- Collection - Ememptions - Rebates.
A. There is imposed a tax upon every person in the
city using in said city gas which is delivered through
mains or pipes. The tax imposed by this section shall
be at a rate established by the imposition of the factor
of . 00735 for each therm of such energy used and shall
be paid by the person paying for such energy. "Charges"
as used in this section shall include charges made for
metered gas and minimum charges for service, including
custor�er charges, service charges, service establishment
charges , demand charges, standby charges , and annual
and monthly charges .
SECTION II : This ordinance shall be in full force upow
its first reading and adoption and shall take effect on July 1 , 1977 .
Presented and Approved as to form by
��/.�.�.r� �' r � �`�`�i
George . Lindberg, City Atto ney
� � �
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ADOPTED ANO APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, ihis Z$th dpy of June
19.7L, by• the following vote, To-wit: •
AYES� COUnCilmen Egdahl , Hobel , Hyde
NAYES� Councilmen Cox, Scott
ABSTAIN: Cotmcilmen None .
ABSENT: Councilmen None
� )� '<�
Mayor of the City Chula Vista
ATTEST
City CI rk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the Cify of Chula Vista, California,
DO HEREBY CERTIFY that ihe above and foregoing is a full, true and correct copy of
,and that the same has not been amendedor repealed.
DATED
(seal) Cify Clerk
CC-660 � � �`F