HomeMy WebLinkAboutRES-95-5779 (UUT/FROM 6% TO 8%/PROPOSING INCREASE)1
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RESOLUTION NO. 95-5779
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, PROPOSING AN INCREASE IN THE UTILITY USERS TAX
IMPOSED PURSUANT TO ARTICLE VI OF CHAPTER 30 OF THE CITY'S
MUNICIPAL CODE FROM SIX PERCENT TO EIGHT PERCENT OF THE CHARGES
MADE FOR TELEPHONE, ELECTRICITY, GAS, WATER AND CABLE
TELEVISION SERVICES
WHEREAS, Ordinance No. 85-804, as amended by Ordinance Nos. 86-832, 86-837, 87-
896, 88-919, and 88-967, added, to Chapter 30 of the City's Municipal Code, Article VI, which
relates to a Utility Users Tax; and, pursuant to Article VI, the City imposed a tax upon persons in
the city using intrastate, interstate, or international telephone communication services, electrical
energy, gas energy, water (which is delivered through mains or pipes) and cable television
service; and
WHEREAS, Article VI provided for a rate of tax of ten percent of the charges made for
the above described utilities, with six percent of the Utility Users Tax being a general tax (the
proceeds of which are placed in the City's general fund and used for general governmental
purposes) and with four percent of the Utility Users Tax being a special tax (the proceeds of
which are placed in a special fund and used to pay for the costs of the acquisition and financing
by the City of the property commonly known as the A.T. & S.F. Railroad right-of-way; and
WHEREAS, Article VI provided that the four percent special tax portion of the Utility
Users Tax would terminate upon a finding by the City Council that the special tax is no longer
necessary for its adopted purpose of paying for the A.T. & S.F. Railroad right-of-way, and
pursuant to Ordinance No. 95-1137, adopted November 14, 1995, the City Council terminated
the four -percent special tax portion of the Utility Users Tax;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. The purpose of this Resolution is to propose an increase in the remaining
general fund portion of the Utility Users Tax imposed under Article VI of Chapter 30 of the
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Hermosa Beach Municipal Code from six percent to eight percent of the charges made for the
services described herein, as set forth in the Ordinance attached hereto as Exhibit A.
SECTION 2. The method of collection of the tax imposed under Article VI of Chapter
30 of the Hermosa Beach Municipal Code shall remain the same as provided for under said
Chapter 30.
SECTION 3. The Ordinance attached hereto as Exhibit A shall be referred to, and shall
be effective only if approved by a majority of, the voters voting at an election to be held March
26$1996.
SECTION 4. Adoption of this resolution proposing an increase in the Utility Users Tax
requires four affirmative votes by the City Council (a two-thirds vote of the City Council).
SECTION 5. The City Clerk shall certify to the passage and adoption of this Resolution
and enter it into the book of original Resolutions.
PASSED, APPR" 4N�,ADOPTED ON7"1 H DAY OF NOVEMBER, 1995.
ENT of the City --Council and MAYOR of the City of Hermosa Beach
City Clerk
APPROVED AS 10 FORM:
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EXHIBIT A
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING ARTICLE VI OF CHAPTER 30 OF THE HERMOSA BEACH
MUNICIPAL CODE RELATING TO A UTILITY USERS TAX
WHEREAS, Ordinance No. 85-804, as amended by Ordinance Nos. 86-832, 86-
837, 87-8962 88-919, and 88-967, added, to Chapter 30 of the City's Municipal Code, Article
VI, which relates to a utility users tax; and, pursuant to Article VI, the City imposed a tax upon
persons in the city using intrastate, interstate, or international telephone communication services,
electrical energy, gas energy, water (which is delivered through mains or pipes) and cable
television service; and
WHEREAS, Article VI provided for a rate of tax of ten percent of the charges
made for the above described utilities, with six percent of the Utility Users Tax being a general
tax (the proceeds of which are placed in the City's general fund and used for general
governmental purposes) and with four percent of the Utility Users Tax being a special tax (the
proceeds of which are placed in a special fund and used to pay for the costs of the acquisition and
financing by the City of the property commonly known as the A.T. & S.F. Railroad right-of-way;
and
WHEREAS, Article VI provided that the four percent special tax portion of the
Utility Users Tax would terminate upon a finding by the City Council that the special tax is no
longer necessary for its adopted purpose of paying for the A.T. & S.F. Railroad right-of-way,
and pursuant to Ordinance No. 95-1137, adopted November 14, 1995, the City Council
terminated the four -percent special tax portion of the Utility Users Tax; and
WHEREAS, the purpose of this Ordinance is to increase the remaining general
fund portion of the Utility Users Tax from six percent to eight percent.
THE PEOPLE OF THE CITY OF HERMOSA BEACH DO ORDAIN AS FOLLOWS:
SECTION 1. Paragraph (a) of Section 30-46 of Article VI of Chapter 30 of the
Hermosa Beach Municipal Code is hereby amended to read as follows:
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"Sec. 30-46. Telephone tax.
(a) There is hereby imposed a tax upon every person in the city, other than a
telephone corporation, using intrastate, interstate, or international telephone
communication services in the city. The tax imposed by this section shall be at the rate of
eight (8) percent of all charges made for such service and shall be paid by the person
paying for such services."
SECTION 2. Paragraph (a) of Section 30-47 of Article VI of Chapter 30 of the
Hermosa Beach Municipal Code is hereby amended to read as follows:
"Sec. 30-47. Electricity tax.
(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 the rate of eight (8) percent
of the charges made for such energy and shall be paid by the person paying for such
energy. "Charges," as used in this section, shall include charges made for (1) metered
energy, and (2) minimum charges for such services, including customer charges, service
charges, demand charges, standby charges, and annual and monthly charges, fuel, cost
adjustments, etc."
SECTION 3. Paragraph (a) of Section 30-48 of Article VI of Chapter 30 of the
Hermosa Beach Municipal Code is hereby amended to read as follows:
"Sec. 30-48. Gas tax.
(a) There is hereby imposed a tax upon every person in the city using gas energy
in the city. The tax imposed by this section shall be at the rate of eight (8) percent of the
charges made for such gas energy and shall be paid by the persons paying for such gas.
"Charges," as used in this section, shall include charges made for (1) gas which is
delivered through mains or pipes, and (2) minimum charges for such services, including
customer charges, service charges and annual and monthly charges."
SECTION 4. Paragraph (a) of Section 3049 of Article VI of Chapter 30 of the
Hermosa Beach Municipal Code is hereby amended to read as follows:
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"Sec. 30-49. Water tax.
(a) There is hereby imposed a tax upon every person in the city using water
which is delivered through mains or pipes in the city. The tax imposed by this section
shall be at the rate of eight (8) percent of the charges made for such water and shall be
paid by the person paying for such water. "Charges," as used in this section, shall include
charges made for (1) metered water, and (2) minimum charges for services, including
customer charges, ready to serve charges, standby charges, and annual and monthly
charges."
SECTION 5. Paragraph (a) of Section 30-50 of Article VI of Chapter 30 of the
Hermosa Beach Municipal Code is hereby amended to read as follows:
"Sec. 30-50. Cable television tax.
(a) There is hereby imposed a tax upon every person in the city using cable
television service in the city. The tax imposed by this section shall be at the rate of eight
(8) percent of the charges made for such service and shall be paid by the person paying
for such service."
SECTION 6. This ordinance shall be referred to, and shall be effective only if
approved by a majority of, the voters voting at an election to be held March 26, 1996.
SECTION 7. The tax imposed under Article VI of Chapter 30 of the Hermosa
Beach Municipal Code shall be collected at the rate of eight (8) percent of the charges made for
the services described herein for the first time on the tax bill applicable to the first regular billing
period commencing on or after April 1, 1996. Until such time, the tax imposed under Article VI
of Chapter 30 shall continue to be collected at the rate of six (6) percent of the charges made for
the services described herein.
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I. Naoma Valdes, Deputy City Clerk of the City Council of the
City of Hermosa Beach, California, do hereby certify that the foregoing
Resolution No. 95-5779 was duly and regularly passed, approved and adopted
by the City Council of the City of Hermosa Beach at a Regular Meeting of
said Council at the regular place thereof on November 14, 1995.
'%� The vote was as follows:
AYES:
Edgerton, Oakes, Reviczky, Mayor Bowler
NOES:
None
ABSTAIN:
None
ABSENT:
Benz
DATED: November 15, 1995
Deputy City Clerk