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Council Meeting: May 25, 1993
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Santa Monica, California
TO: Mayar and C~ty Caunc~l
FROM: City Staff
SUBJECT: Ordinances for Introduction and First Reading Proposing
a Parking Facility Tax, and Increaszng the Utility
User's Tax Rate and Applying the Increased Utility
User's Tax Rate ta Water Use-Related Charges
Introductian
As directed by the City Council, this repart: pro~ides for Yntro-
ductian and first read~ng ardinances proposing a Parkzng Facility
Tax, and increasing the Uti~~ty User's Tax rate and applying the
increased rate ta City Water use-related charges; and, pravides
information concerning the City's FY 1993-94 General Fund budget.
Background
On April 27, 1993 s~aff presented to Cat~ncil a preliminary status
r~port an next fiscal year's General Fund budget. At that time,
staff indicated that the FY 1993-94's revenue shortfall, due to
the continuing economic slump and the State's taking of City
rev~nues, was about $11.2 million. However, due to staff and
Council budget actions to that date, this shortfall had been
reduced to $5.1 million.
To close this remaining budget gap, Council directed staff ta
continue to work on reducing the gap, and directed the C~ty
Attorney to prepare and submit for its consideration ardinances
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- ~ _ ~rs'{ "+ 4 ~JJ.+
to implement various revenue increase optians se~ected by Council
fram an options list prepared by staff.
At this time, staff has reduced the rema~ning budget gap to $3.8
million.
Some members of the Council also requested staff to submit
additional information summarizing actians which wauld be
recommended in the proposed budget ta eliminate the ~otal budget
gap of $11.2 ~illion.
Proposed Ordinances
The ordinance at Attachment A would establish a Parking Facility
Tax. The Parking Facility Tax would p~ace a tax of 10~ on all
parking sold ta the public in Santa Monica. The ordinance
follows the City of Los Angeles Parking Tax which was implemented
in 1990, as recently amended. Staff estzmates that this new tax
wall yield aba~t $1.1 million annually follawing implementation
next fiscal year.
The ordinance at Attachment B would increase the City's Utility
User's Tax rate from 9.5% ~0 10.0% and expand the tax base to
include the water and wastewater components of the City's utility
bill. Increasing the tax rate wauld add about $.88/month to the
average hausehold's costs for telephone, gas, electricity, and
cable television. Expanding the tax base to include ~he City's
water use-related charges wou~d cost the average hausehold abaut
$5.78/two-month billing period. Staff estimates these actions
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will yield about $2.7 million annually following implementation
next fiscal year.
If Council approves the Utility User's Tax Ordinance on May 2~,
1993, the Rent Cantrol Board has indicated it will include the
resulting cost increases in its FY 1993-94 general rate increase
thereby enabling landlords ta pass the cost increases through to
tenants.
Additional Information Requested
At this time, General Fund budget recommendations far next fiscal
year will reflect $7.4 million in non-public safety related cost
savings and cost-covering user fee/fine increase measures thereby
reducing the remaining budget gap to $3.8 miliion. These
measures consist of the fo~low~ng {in millians}:
$11.2 -- Total budget gap
(2.8} -- Salary and wages savings reflecting
reorganizations, the elimination of over 30
positions and the absorption of salary step
and health/dental cost increases;
(1.6} -- 5upplies and Expense savings reflecting:
reduced professional services and various
other departmental items; the absorption of
cost increases for fuel, gas and telephone
service; and reduced funding for social
service and City-supported nan-prof~t
agencies.
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(3.0) -- User fee increases ta be recommended ta the
Cauncil aver the next few months, and fine
increases previously approved by Cauncil to be
sffsctius July l, 1993.
$ 3.8 Remaining budget gap.
In order to maintain the Council's commitment to continue public
safety operations at acceptabl~ levels of public service, ~t was
necessary, however, to increase Police and Fire allocations by
$2.3 million. These increases were necessary to fully fund all
po~ice pasitions and to purchase replacement police vehicles, and
ta fulZy fund al~ police and fire MOU provisions (primarily
retirement ~ate changes}.
The reorganizatians which will be reflected in the proposed
budget znclude: changing the Department of Information 5ystems
to a division of the City Manager's Office thereby eliminating a
department head position; restructuring the Departmenti af
Cultural and Recreation Services to focus programs in terms of
end users thereby increasing program effectiveness and generating
cost savings, and streamZining supervisory control in the General
Services Department.
The attached tax change ordinances, if approved, wi~l eliminate
this remaining budget gap.
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Recom~endation
It is recommended that Council introduce far first reading the
attached tax change ordinances.
Prepared by: Jahn Jalili, City Manager
Lynne Barrette, Assistant City Manager
Mike Dennis, Director of Finance
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AT~'P_CHAIENT A
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City Council Meeting 5-25-93 Santa Monica, Caiifornia
ORDINANCE NUMBER {CCS)
(City Council Seriesy
AN QRDINANCE OF THE CTTY COUNCIL 4F THE
CITY ~F SANTA MONICA ADDING CHAPTER 6.70 TO THE
SANTA MONICA MUNICIPAL CODE TO ESTABLISH A
PARKING FACILITY TAX
THE CITY C~UNCIL OF THE CITY OF SANTA MONICA DOES ~R~AIN
AS FOLLOWS:
SECTION 1. Chapter 6.70 is added to the Santa Monica
Municipal Code to read as follows:
SECTION 6.70.p10. Definitioas.
Except where the context otherwise
requires, the definitions in this Sectian
govern the construction of this Chapter.
{a) Motor vehicle. "Motor vehicle"
means every self-propelled vehic~e vperated ar
suitable far operation on the highway.
(b) Ocougancy. "Occupancy" means the
use or possession or the right to the use or
possession of any space for the parking af a
motor vehicie ar any other purpose in a
parking facility.
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{c} oaaupant. j~occupant" means a person
wha, for a consideration, uses, possesses or
has the right to use or possess any space for
the parking o~ a motor vehicle in a parking
facility under any lease, concession, permit,
right of access, license to use or other
agreement or otherwise, whether voluntarily or
involuntarily. Occupant shall be deemed to
include any person required to pay any valet
or service labor charge in connection with the
parking ~f motor vehicles an public or private
property and any persan required to pay a
charge for the occupancy of parking space by
another person by means of validation or
atherwise.
(d) Operatar. "operator" means the
p~rson who canducts a parking facility,
whether in the capacity o~ owner, lessee,
mortgage ~n possessian, license~, valet or
other service supplier or any other capacity.
When the operator performs his or her
functions through a managing agent of any type
or character other than an employee, the
managing agent shall alsa be deemed an
vperator for purposes of this article and
shall have the same duties and iiabilities as
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his principal. When the managing agent
c~llects parking fees and tax on behalf af his
ar her principal and deposits the same into
the principal's account in a financial
institution, such principal shall be
responsible for reporting and remitting the
tax to the City. It shall be the duty of the
managing aqent to provide the Director of
Finance with the name and address of each
principal who will be responsib~e for
reporting and remitting the tax to the City.
Gompliance with the prnvisions af this article
by either the principal ar the managing agent
shall be considered to be compliance by both.
A person who qualifies as an operator shall
not, by reason of being exempt from the tax
imposed in this artic~e, be exernpt from the
duties and liabilities of an operator imposed
under this article.
{e) Parkinq Meter. "Parking meter"
means any device which, when the recarding
device thereof is set in motian, ar
immediately follawing the deposit af any coin,
shall register the periad of time that any
motor vehicle may be parked adjacent thereto.
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(f) Parkinq Facility. "Parking
f aciiity" means any outdoor space or uncavered
plot, place, street, lot, parcel, yard or
enclnsure, or an~ partzon thereof, or any
building or structure, or any portion thereof,
where or in which a mator vehicle may be
parked, stored, housed ar kept, for which any
charge is made.
(g) Person. "Persan" means any natural
person, partnership, joint venture, joint
stock company, carparatian, estate, trust,
business trust, receiver, administrator,
executor, assignee, trustee in bankruptcy,
firm, company, association, club, syndicate,
society, municipal corporation, the State flf
CaZifornia, political subdivisa.on of the State
of California, the United States,
instrumer~tality of the United States, or any
group or combination acting as a unit, whether
mutual, cQaperative, fraternal, nonprofit or
o~'lel^W i S e .
(h) Parking Fea. "Parking fee" means
the cansidera~ion charged, wh~ther or not
received, for the occupancy or use of space in
a parking facility valued in money, whether
received in money, goads, labor or otherwise,
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including al~ receipts, cash, eredits and
property and services of any kind ar nature,
without any deduction therefrom. The parking
fee shall ~e deemed ta include the total
Charges required to be paid by an occupant,
includinq, but not iimited to, any va3et or
service labor charge in connection with the
use or accupancy of parking space on public ar
private property. Nathing shall be construed
to mean that a parking fee is charged to the
occupant of space in a parking facility for
the sale af petroletxm products, automabile
parts ~r o~her tangible personal property, the
rendering of services, including car wash
services, totally unconnected with the use ar
vccupancy ot parking space, or where parking
space is provided ta the occupant as a
comp~iment from the operator and where no
Gonsideration is charged to or received fram
any other person.
Sectian 7.60.020. Parkinq Facility Tax.
On ar after July 1, 1993, there is hereby
imposed a tax upon every person in the City
who occupies a parking tacility or who is
obligatad to pay a parking fee. The tax
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imposed b~ this Chapter shall be at the rate
of ten percent {10~) of the total parking fee
charged by the vperatar for use of the parking
facility.
Secti~n 6.70.030. Colleation.
(a) On or after the effective date of
this Chapter, every operator or persan
receaving any payment for use of a parking
facility shall collect the amount of the tax
imposed by this Chapter from the person paying
the parka.ng fee or wha is obligated to pay the
parking fee.
(b} Un3ess otherwise prohibited by law,
every person occupying a parking space in a
parking facility shal~ be required to pay the
tax impased by this Chapter to the operator or
the person collecting the parking fee. If the
parking fee is paid in installments, or if an
amaunt paid is less than the full amount of
the parking fee and tax accrued at the time of
payment, a proportionate share of the tax
shall be deemed to have been paid with each
such partial payment or installment.
(c) The taxes reqnired to be collected
pursuant to this Chapter shall be deemed ta be
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held in trust by the operator ar the person
required to collect the tax on behalf of the
City until the taxes are remitted to the City
as required by this Chapter and shall
constitute a debt owed by the aperator to the
City.
Section 6.70.040. Reports and Tas
Remittance.
(a) The person or operator collecting or
obligated to co~lect any parking facility tax
pursuant ta this Chapter, shall prepare a
report upon such forms and settang f~rth such
informatian as the Director of Finance may
prescribe and require to carry out the
purposes of this Chapter.
(bj The person or operator collecting or
obligated ta collect any parking facility tax
shall report the amount af parking fees
collected and, the tax required ta be
co~.lected along with a remittance of the tax.
(cj The reports and tax remittances of
parking facility taxes shali be due no later
than the twenty-fifth day following the end af
each calendar quarter and shali cover the just
ended calendar quarter. For purposes of this
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Chapter, the calendar quarters begin January
1, April 1, July 1 and October 1 of each year
and end the last day of March, June, Septemb~r
and December of each year.
Section G.70.050. Interest aad
Peaaities.
If any person fails or refuses to remit
to the Director of Finance the tax required to
be collected by this Chapter~ there shail be
added to such tax a penalty of ten percent
(10~) of the amount of the tax due for each
thirty days that the tax is unpaid. If the
tax due remains unpaid for a period of ninety
(90} days ar longer, in addition ta the
penalty prescribed by this section, the person
owing the tax shall pay to the City interest
on the amount due frflm the date the tax was
due, in the amount determined by th~ Director
of Finance as equal to the City's actual rate
af return on its invested funds.
Section 6.72.060. Failure to Collect and
Report Tax.
If any person shall fail or refuse to
collect the parking facility tax or to make,
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within the time provided in this Chapter, any
Xeport or remittance required by this Chapter,
the Director of Finance shall proceed in such
manner as he or she may deeia best to obtain
facts and informatian on which to estimate the
tax due. As soon as the Director of Finance
~hall procure such facts and information as h~
or she is able to abtain upon which to base
the assessment of any tax payable by any
person who has failed or refused ta col].ect
the same and to make such report or
remittance, the Director of Finance shall
proceed to determine and assess against such
person the tax and penalties provided for by
this Chapter and shall notify such person by
mai~ sent to his ar her last knawn place of
address of the total amount of such tax
including interest and penaltiES, and the
total amount thereof shall be payabla within
ten days from the date of such notice.
SECtion 6.72.a70. Rscords.
It sha11 be the duty of e~ery person
lialale for the collection and payment to the
City of any tax imposed by this Chapter to
keep and preserve, for a period of two years,
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such suitabie records as may be necessary to
determine the amount of such tax as he or she
may have been iiable for the callection of and
payment to the City~ which records the
Director of Finance shall have the right to
inspect at ail reasonable times.
section 6.72.080. cessatioa ot Business,
Whenever any person required ta collect
and pay to the City a tax under this Chapter
shall cease to operate or otherwise dispose of
his or her business, any tax payable hereunder
to the City shal]. become immediately due and
payable and such person shall immediately make
a report and pay the tax due.
Section 6.72.09Q. Egceptions.
No tax shall be payable hereunder in any
of the follow~ng instances:
(a) On the parking fee paid by any
federa~, State af Ca~ifornia, or City of Santa
Monica~ official or employees when on official
business provided that a tax exempt
certificate is executed no later than the time
when payment of the parking fee is due, on a
za
form to be provided by the Director of
Finance.
(b) On the parking fee deposited in any
parking meter owned or operated by the City.
(c) On the parking fee paid for any City
preferential parking penait.
(d) On the parking fee paid as part of
any residential dwelling unit lease, rental
agreement or abligation, including on the
parking fee paid as part of any hotel, matel
or other ~odging facility occupancy, but anly
when the length of the accupant's stay exceeds
thirty (30) consecutive days in the hotel,
mate~ ar other lodging facility.
Section 6.72.100. Penalty.
Any person viaiating or fai~ing to comply
with any of the provisions of this Chapter,
shall upon conviction thereof, be guilty of a
misdemeanor and shall, in addition to any jai].
s~ntence, be fined not more than five hundred
dollars. Each t~iolation of thzs Chapter shall
constitute a separate offense. Any conviction
for vio3ation af this Chapter shall nat
relieve any person from the payment,
Z1
eollection or remittance of the parking
facilit~ tax as pravided in this Chapter.
Section 6.72.110. Director of Finaace--
Po~ers and Duties.
It shall be the duty of the Director vf
Financa to ascertain the name of every person
operating a parking facility in the City of
5anta Monica, liable far the collectian of the
tax ~evied by this ordxnance, who fails,
refuses or neglects to collect the tax ar to
make, within the time provided by this
ardinance, the reports or remittances required
herein. In addition to any other remedy or
proceed~ng, the DiXector of Fxnance is
authorized to request that the City Attorney
commence any praceeding as may be appropriate
to obtain payment of any tax, including
penaZty and interest, as may be due the City
under this Chapter.
SECTION 2. Any provision af the Santa Monica Municipal
Code or appendices thereto inconsistent with the prvvisians of this
Ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modified to that e~ent necessary ta affect
~he provisians af thi.s ordinance.
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SECTION 3. If any section, subsection~ sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid or
unconstitutiQnal by a decision of any court of any competent
jurisdiction, such decision shall not affect the validit~ of the
remaining portions of this ardinance. Th~ City Council hereby
declares that it would have passed this ~rdinance, and each and
every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutiona~ without regard to whether any portion
of the Ordinance would be subsequently declared invaZid or
unconstitutional.
SECTION 4. The Mayar shall sign and the City C~~rk shall
attest to the passage of this Ordinance. The City Clerk shall cause
the same to be published once in the official newspaper within 15
days after its adoption. This 4rdinance shall becoma effective upon
its adaption pursuant to Santa Monica Municipal Charter Section
6 3.9 .
APPR~VED AS T4 FORM:
~ ~ i.~~_
JO EPH LAWR CE
ing City Attarney
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A~TACHP4ENT B
CA:JLII:usertax.vrd`wp5l~pc~df
C~.ty Council Meeting 5-25-93 Santa Monica, Cali€ornia
QRD~NANCE NUMBER {CC5)
{City Council Series}
AN DRDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA MLTNICIPAL
C4DE SECTTONS 6.72.020, 6.72,030, 6.72.040, b.72.050 AND
ADDING SECTiON 6.72.055 TO INCREASE THE UTILITY USER TAX
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DDES ORDAIN
AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 6.72.azo
is amended to read as falZows:
SECTION 6.72.02a. T@lephone Tax.
(a) There is hereby imposed a tax upon
every persan in the City, ather than a
telephone carporation, using intrastate,
interstate, and international telephQne
communication serva.ces in the city. The tax
imposed by this Section shall be at the
foil~wing rate:
(1) Prior to Ju2y 1, 1993, nine
and one-half percent {9.5~) o~ all charges
made for such services, which tax shal~ be
paid by the person paying for such services,
1
except that any taxpayer who pr~vides proof
that the taxpayer has properly paid a
telephone communication services tax to a
jurisdiction other than the City of Santa
Monica based on the same transmission as is
taxed by the City shall be ~ntitZed to a
refund or credit for any duplicati~e tax that
the taxpayer has paid to the City.
(2) on and after Juiy l~ 1993, ten
perce~t (10~} of a11. charges made for such
services, which tax shal~ be paid by the
person paying for such servicss, except that
any taxpayer wha provides proaf that the
taxpayer has praperly paid a telephone
communication services tax to a j~risdiction
other than the City of Santa Monica based an
the same transmission as is taxed by the City
~hall be entit~led t~ a refund or credit for
any duplicative tax that the taxpayer has paid
to the City.
(b) As used in this section, the
fallowing terms are defined as faliows:
(1} "Interstate and international
tel~phone communication services" are those
charges which originate or terminate within
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the City of Santa Monica and are charged to a
Santa Monica service address.
(2) "Telephone communication
services" mean the transmissian of any
Gammunications, IDBSSag~Sr ar informat~on,
whether by fixed, mabile, portable, or any
other form through electronic or other means~
between or among points by wire, cable, fiber
optics, laser, microwave, radio, satellite or
other methods.
(3} "Service address" is the address
where the te}.ephone equipment is lacated and
to which the telephone nu~ber is assigned.
(c} The duty to collect the tax an
interstate and international telephone
c~mmunication services shall cominence with the
first regular billing period of each service
user heginning on or after September 1, 1989.
(d) As used in this Section, the term
"charges" shall not inc~ude charges for
services paid for by inserting coins in
coin-operated telephones, except that where
such coin-operated telEphon~ service is
furnished for a guaranteed amount, the amounts
paid under such guarantee plus any fixed
monthly or ather periodic charge 5ha1~ be
3
included in the base for computing the amount
of tax due; nor except for cel~ular
telecommunications, shall the term "telephone
communication services" include land mabile
services or maritime mobi~e services as
defined in Sectian 2.1 ~f Title 47 of the Code
of Federal Regulations, as such section
existed on January ~, 1989.
(e) Notwithstanding the provisions of
subsection (a), the tax imposed under this
Section shall not be imposed upon any person
for using intrastate, interstate, and
international ~elephone cammunication services
to the extent that the amounts paid for such
services are exempt from or not subject to the
tax imposed by Section 4251 nf Title 26 of the
United States Cade, as such section existed an
January 1, 1989, without regard to subsection
(b) thereot.
(f) Any taxpayer who claims to be
entitled to a refund for any tax paid pursuant
to this Sectian shall file an application for
a tax refund with the Directar of Finance. The
applicatian sha~l be made on a farm provided
by the Director and the taxpayer sha~l provide
under penalty of perjury all facts, including
4
all documentary evidence, which supports the
claim for a refund. The Director shall review
all refund applicati~ns and shall detex-mine
the amount, if any, of any refund due. The
Diractar sha~~ notify the taxpayer of his or
her decision in writing by mailing a copy of
the decision ta the ta~ayer at the taxpayer's
last known address.
All taxpayers claiming a refund must file
their refund applications na later than one
hundr~d eighty (180) days fol~awing payment of
the tax which is the subject of the
appiication.
The Director's decision shall be final on
the day it is mailed to the taxpayer and sha21
not be subject to further appeal, except that
judicial review af the decision may be sought
pursuant to Sections 1094.5 and 1094.6 of the
California Code of Civil Pracedure anly if
judicial review is coaimenced no later than the
ninetieth (90th) day following the date on
which the Director~s decision is made final.
SECTION 2. Santa Monica Municipal Code Section
6.72.030 is amended to read as follows:
5
S~CTION 6.7Z.030. EleCtricity Tag.
(a) There is hereby imposed a tax upon
every persan in the City of Santa Mon~ca
us~ng electrical energy in the City of Santa
Monica. The tax imposed by this Section shail
be at the foll~wing rate:
(1) Prior ta July 1, 1993, nine and
ane-half Aercent f9.5~~ af ali charges made
for such services, which tax shall be paid by
the person pay~ng for such services:
(2) On and after Julv 1. 1993, ten
~ercent (la~) of all charges made for such
services, which tax shall be paid by the
person paying for such services.
(b) As used in this Section, the term
"charges" shall include chaxges made far: {I)
mEtered energy; and (2) minimum charges for
service, including customer charges, service
charges, demand charges, standby charges, and
annual and monthiy charges.
(C} As used in this Section, the term
"using electrica~ energy" sha~l not be
construed to mean the starage of such enargy
by a person in a battery owned or possessed
by him for use in an autamobile ar other
machinery or device apart from the premises
6
upan which the energy was received; provided,
hawever, that the term shall inc~ude ths
receiving of such energy for the purpnse of
using it in the charging of batteries. The
term shall not include electricity used in
water pumping by water corporations, nor
shall the term include the mere receiving of
such energy by an electrical corporation at a
point within the City of Santa Monica far
resale.
SECTION 3. Santa Manica Municipa~ Code Section
6.72.040 is amended to read as follows:
SECTION 6.72.Q40. Gas TaX.
(a) There is hereby imposed a tax upon
every person in the City of Santa Manica using
in the City gas which is delivered through
mains or pipes. The tax imposed by this
5ection shall be at the following rate:
(1) Prior to Julv 1~ 1993, nine and
one-half Aercent f9.5~) of all charges made
for such gas, which tax shall be paid by the
person paying far such gas.
( 2) On and after July 1, 1993 , ten
~ercent t10~) of all charges made for such
7
gas, which tax shall be paid by the person
paying ~or such gas.
(b} There shall be excluded from the base
on which the tax imposed in this Section is
computed: (1) charges made for gas which is to
be resold and d~livered thrauqh mains or
pipes; (2} charges made far gas to be used in
the generation of electrical energy by an
electrical corporation; and {3) charges made
by a gas public utility for gas used and
consumed in the conduct of the business of gas
public utilities.
SECTiON 4. Santa Monica Munic~pal Code Section 6.72.050
is amended ta read as fo3laws:
SECTION 6.72.050. Cable Televisian.
(a) There is herehy imposed a tax upon
every person in the City of Santa Monica using
in the City a cable te~evision service. The
tax imposed by this Section shall be at the
following rate:
(1) Prior ta Julv ].. 1993, nine and
one-half nercer~t (9,5$) of all charges made
for such cable television service, which tax
8
shall be paid by the person paying far such
cable television service.
{2} On and a€ter Julv 1. ~993~ ten
oercent ~10~1 of al1 charges made for such
cable televisa.on service, which tax shall be
paid lay the person paying far such cable
television service.
(b) For purposes af this Section, cab].e
te~evision service shali mean a television
signal del~vered by cable far a fee or charge.
SECTION 5. Sectivn 6.72.055 of the Santa Monica
Municipal Code is hereby added to read as follows:
SECTION s.~a.o~a. water IIsaqe Tag.
(a) Commencinq on July 1~ 1993 there is
herebv imposed a tax uAOn e~ery person in the
Citv of Santa Moni.ca usina the City's water
service. The tax im~osed by this Sectzon
shall be at the followina rate:
(1) On and after July 1, 1993~ ten
nercent (10$} of all charaes made for such
water services, which tax shall be paid by the
nerscn navina for such water services.
[b) As used in this Section~ the tarm
~~charqes" shal.l include charqes made for: (1)
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metered and unmetered water usaae; f2) wa~te
water discharqe includinq sewer service
charqes; and !3] minimum, fixed and variable
charaes for service, includina all customer
charqes, service charaes, demand charaes.
standbv charqes~ and annual~ ~onthlv and bi-
monthlv charaes.
SECTION 6. Any provisian of the Santa Monica Municipa~
Code or appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further,
are hereby repealad or modified to that extent necessary to affect
the prvvisions of this ordinance.
SECTION 7. If any sectian, subsection, sentence, c~ause,
or phrase of this Ordinance is for any reasan held to ba invalid or
unconstitutional by a decision of any court of any comp~tent
jurisdiction, such decision sha~l not affect the validity of the
remaining partions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance, and each and
every section, subsecti.on, sentence, clause, or phrase not declared
invalid ar unconstitutiona~ without regard to whether any portion
of the Ordinance would be subsequentZy declared inva~id or
unconstitutional.
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SECTION 8. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall cause
the same t~ be published once in the official newspaper within 15
days after its adaptian. This Ordinance shall become effective upon
its adoption pursuant to Santa Monica Municipal Charter Section
619.
APPROVED AS TO FORM:
~
J
= ~ ~ .
~7 EPH LAWR~NCE
A ting City Attorney
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