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extended for additional periods up to twelve (12) months each, The Tax
AdmiRistrator shall implement the tax rebate and may issue rules and
regulations for this purpose as provided for in Section -6,72,120 of this
Chapter, The Tax Administrator shall provide written notice to all affected
serv1ce suppliers as may be required by the Public Utility Commission and
by Public Utilities Code section 799, Service suppliers shall comply with the
rebate as directed by the City Council and the Tax Administrator, Upon
termination or expiration of the temporary utility users tax rebate, the tax
subject to the rebate shall remain in effect the same as before the rebate,
(b) The City Council shall consider the following factors in
determining whether to grant a temporary tax rebate under this Section:
(1) The amount of the increase in the average billing for the
utility service for which a rebate is being considered,
(2) The severity of the burden that the increased billing, and
associated tax, imposes on the customer class for which a rebate is being
considered.
(3) The increased expense to the City as a utility customer due
to the increase in the cost of such utility service,
(4) The estimated time period that the billing increase will likely
persist.
(5) The actual and forecasted utility users tax revenues derived
from other utilities for which a rebate is not being considered, during the
period of utility price increases and during the proposed rebate period,
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(6) The actual and forecasted revenues during the proposed
rebate period from other municipal taxes than the utility users tax, during the
period of high energy costs and during the proposed rebate period,
(7) The overall inflation rate during relevant time periods, as
measured by the Consumer Price Index (CPI),
(8) Any other factor that affects the fairness or equity of
granting such a temporary rebate.
(c) In a resolution granting a temporary tax rebate, the City Council
shall make the following findings:
The temporary tax rebate is necessary to abate a
significantly increased tax burden on a class of service users;
(2) The temporary tax rebate shall not adversely affect the
City's ability to meet its financial obligations as contemplated in its current
and projected budgets;
(3) Extraordinary circumstances have created an utility crisis within
the City of Santa Monica; and
The utility crisis has created a volatile condition that requires
periodic reassessment by the City Council.
(d) By enacting any temporary utility users tax rebate under this
section, the City Council does not intend the rebate to constitute a repeal or
reduction of the tax that is subject to the rebate, The City Council does not
intend the termination or expiration of a rebate to constitute a tax imposition,
extension or increase within the meaning ofthe California Constitution Article
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XIIIC, To the extent that any aspect of a temporary utility users tax rebate
is determined to be subject to any election requirement under or to violate
any provision of Article XIIIC of the California Constitution, the City Council
intends the entire rebate to be deemed null and void as if it were never
enacted.
SECTION 2, Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance,
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance, The City Council hereby declares that it would have passed this
Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 4, The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance, The City Clerk shall cause the same to be published once in the official
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Adopted and approved this 22nd day of May, 2001. ./ ~
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Michael Feinste~ Mayor
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No, 2010 (CCS) was introduced on May 8, 2001, and was
adopted at the City Council meeting held on May 22, 2001, by the following vote:
Ayes:
Council members: Genser, Katz, McKeown, O'Connor, Mayor Pro Tem
Bloom, Mayor Feinstein
Noes:
Council members: None
Abstain: Council members: None
Absent: Council members: Holbrook
ATTEST: