HomeMy WebLinkAboutOrd 1990-2415 ORDINANCE NO. 2415
AN ORDINANCE OF THE CITY OF CHULA VISTA'AMENOING SECTION
3.44.150 OF THE MUNICIPAL CODE TO PROVIDE FOR A MANDATORY
VOTE UPON AN ABATEMENT OF THE ELECTRIC USER'S OR GAS
USER'S TAX SUCH AS TO PERMIT AN ACTUAL TAX RATE IN EXCESS
OF THE CURRENT MAXIMUM, OR VOTER APPROVED BASE RATE
Section 1. Section 3.44.150 of the Municipal Code is hereby amended to
read as follows:
"3.44.150 Establishment of Rate; Public Hearing Requirements; Power to
Abate
A. 1990 Rates.
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 (.911 cents) per therm of gas, and 5% for telephone
based upon gross receipts.
B. Power to Abate.
For the 1991-92 fiscal year, and for each 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 soo~er than 20 days and not later than 5 days prior
thereto, of its intent to deliberte upon said matter. Failure to
publish notice of the public hearing, as herein required, shall not
affect the right of the ~City Council to Conduct the Public hearing
and to abate all or any portion of the tax herein imposed.
C. Mandatory Vote to Approve Reduction in Tax Abatement.
Notwithstanding the provisions of Subsection B of this Section, the
power of the City Council to abate all or any portion of the tax
imposed under the authority of this Chapter is limited in this
respect:
Ordinance No. 2415 "
Page 2
1. Electric User's Tax
If the City Council shall fail or refuse to abate the entire
portion of the Electric User's Tax Rate imposed by Section
3.44.040 for a given fiscal year in excess of the Electric User's
Base Tax Rate then in effect, the City Council shall submit the
matter of the amount of the abatement and, at Council's option,
of either (1) making said abatement applicable to more than one
fiscal year or {2) establishing, beyond the current fiscal year,
the amount of the Electric User's Base Tax Rate, to a vote of the
people to be decided by a majority of the voters voting. on said
measure at an election date chosen by the City Council. If an
election is called, or required to be called as herein set forth,
that portion of the Electric User's Tax rate imposed by Section
3.44.040 in excess of the then existing Electric User's Base Tax
Rate shall be and remain fully abated until the results of the
election are certified to the Council, at which time that
abatement and, if applicable, the Electric User's'Base Tax Rate,
approvedby the majority of the voters shall be implemented.
a. The Electric User's Base Tax Rate is currently set at $.003
dollars (.3 cents) per kilowatt, and may from time to time,
be increased by a majority vote of the people voting on said
measure.
2. Gas User's Tax
If the City Council shall fail or refuse to abate the entire
portion of the Gas User's Tax Rate imposed by Section 3.44.050
for a given fiscal year in excess of the Gas User's Base Tax Rate
then in effect, the City Council shall submit the matter of the
amount of the abatement and, at Council's option, of either (1)
making said abatement applicable to more than one fiscal year or
(2) establishing, beyond the current fiscal year, the amount of
the Gas User's Base Tax Rate, to a vote of the people to be
decided by a majority of the voters voting on said measure at an
election date chosen by the City Council. If an election is
called, or required to be called as herein set forth, that
portion of the Gas User's Tax rate imposed by Section 3.44.050 in
excess of the then existing Gas User's Base Tax Rate shall be and
remain fully abated until the results of the election are
certified to the Council, at which time that abatement and, if
applicable, the Gas User's Base Tax Rate, approved by the
majority of the voters shall be implemented.
Ordinance No. 2415
Page 3
a. The Gas User's Base Tax Rate is currently set at $.01103
dollars (O.103 cents) per therm, and may from time to time,
be increased by a majority vote of the people voting on said
measure.
Section 2. This ordinance shall take effect and be in full force on the
thirtieth day from and after its passage and adoption.
Presented by Approved as to form by
Lyma~'~Ch~i~Cop/h'er~ Bruce Boogaard
Finance Di rector City Attorney
Ordinance No. 2415
Page 4
paccpn ^,Donucn ..4 ,-~--~- by the City Council of the City of Chula
Vista, California, this 20th day of November, lggO, by the following vote:
AYES: Councilmembers: alcolm, Moore, Nader, Cox
NOES: Coun 'lmembers: None
ABSENT: ' : '
ABSTAIN:
Grego
ATTEST:
Beverly A/. 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. 241B had its first reading on
November 13, 1990, and its s~a~ond F~adi~ '"~ '~^"+~^" ~+ a rc~u!ar mccting~
said City Ccuncil ~^'~ ^- the "~ .... of Nove~ibe~~, ....
Executed this 20th day of November, 1990.
Beverly A./Authelet, City Clerk