HomeMy WebLinkAboutOrd 1990-2409 ORDINANCE NO. 2409
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION
3.44.150 OF THE MUNICIPAL CODE TO REQUIRE ANNUAL PUBLIC
HEARINGS TO SET VARIOUS UTILITY USERS TAXES AT RATES LESS
THAN THE MAXIMUM IMPOSED.
WHEREAS, Section 3.44.040 (A) imposes a tax upon persons using electrical
energy at a rate of $00.00300 dollars (.3 cents) for each kilowatt of such
energy ("Electrical Users' Tax"); and,
WHEREAS, Section 3.44.050 (A) imposes a tax upon persons using gas
delivered through mains or pipes at a rate of $00.01103 dollars (1.103 cents)
per therm ("Gas Users' Tax"); and,
WHEREAS, Section 3.44.030 (A) imposes a tax of 6% of charges made for
intrastate telephone communication services in the City ("Telephone Users'
Tax"); and,
WHEREAS, notwithstanding the foregoing sections, Section 3.44.150 sets
the rate of the Electrical Users' Tax at the rate of $00.00250 dollars (.25
cents) per kilowatt; and sets the rate of the Gas Users' Tax at the rate of
$00.00919 dollars (.919 cents) per therm; and sets the rate the Telephone
Users Tax at the rate of 5% of the specified telephone charges unless the City
Council acts at a public hearing to change these rates; and,
WHEREAS, it is the desire that the higher rates contained in Sections
3.44.040 (A), 3.44.050 (A) and 3.44.030 (A) shall govern unless the City
Council acts annually to reduce them by resolution;
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain
as follows:
SECTION 1. Section 3.44.150 "Public hearing requirements." is hereby
amended to read as follows:
3.44.150 Public hearing requirements.
Without affecting the maximum amount authorized by this Chapter,
the City Council hereby sets, for the 1990-91 fiscal year, the utility
users' tax rate at $00.00250 (.25 cents) per kilowatt of electricity,
$00.00919 dollars (.919 cents) per therm of gas, and 5% for telephone
based upon gross receipts. For the 1991-92 fiscal year, and for each
Ordinance No. 2409
Page 2
fiscal year thereafter, the City Council is hereby authorized, but is not
required, to lower any tax imposed under the authority of this Chapter
for no more than one City fiscal year, if, within three months prior to
July 1 of the given fiscal year, it conducts a public hearing at which it
publicly deliberates on the adviseability of doing so, notice of which
public hearing is published in a newspaper of general circulation at
least twice not sooner than 20 days and not later than 5 days prior
thereto, of its intent to deliberate upon said matter. Failure to
publish notice of the public hearing, as herein required, shall not
affect the ri9ht of the City Council to conduct the public hearing and to
abate all or any portion of the tax herein imposed. lord. 2409 Sec 1,
1990; Ord. 2208 Section 1, 1987; Ord 1803 Section 1 Ipart), 1978; Ord.
1288 Section 3, 1970.)"
SECTION 2. This ordinance shall take effect and be in full force and
effect immediately upon its second readin9 and adoption.
Presented by: Approved as iu~
iogaard ~-
Lym~n ChriStopher /
Director of Finance City Attor ey
Ordinance No. 2409
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula
Vista, California, this 25th day of October, 1990, by the following vote:
AYES: Councilmembers: Malcolm, McCandliss, Moore, Nader, Cox
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
~Cox~,'Meyo~r
ATTEST:
Beverly ~(. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Ordinance No. 2409 had its first reading on
October 16, 1990, and its second reading and adoption at a regular meeting of
said City Council held on the 25th day of October, 1990.
Executed this 25th day of October, 1990.
Beverly A~ Authelet, City Clerk