SR-212-003 (3)
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Clty Counell Meetlng 11-8-83
Santa Monlca, Callfornla
STAFF REPORT
TO;
Mayor and Clty Counell
FROM:
Clty Attorney
SUBJECT:
Ordlnance Amendlng Munlclpal Code Seetlon 6633
Relatlng to Utlllty Tax Rebate and Exemptlon
At ltS meetlng on October 25, 1983, the Clty Councll
lntroduced for flrst readlng an ordlnanee amendlng Munle~pal Code
Sectlon 6633 provldlng exemptlon procedures from payment of the
Clty'S utlllty users tax.
The ordlnance lS now presented for
adoptlon.
RECOMMENDATION
It lS respectfully recommended that the accornpanYlng
ordlnance be adopted.
PREPARED BY:
Robert M. Myers, Clty Attorney
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DISTRIBUTION OF RESOLUTION P
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Council Meeting Date
Agenda Item #
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Was it amended?
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VOTE' Affirmatlve:
~egative:
Abstain:
Absent:
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Introduced: /6-Z)-
Adopted:
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* ALWAYS Pl'BLISH P.DOPTED ORDI~A:"lCES
DISTRIBUTION: ORIGINAL to be signed, sealed and filed ln Vault.
(Date: ~ (j)
NEWSPAPER PUBLICATION )
Department originating staff report ( )
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~fanagemen t Servi:ce;:; Lynne Barrette -vrdlnances only /1 j
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Agency mentioned ln document or staff report
Subject file (agenda packet)
Counter file
Others:
Alrport
Parklng Auth.
AuditoIum
Personnel
Building Dept.
Plannlng
EnVlron. Servo
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~ln~~:~' - ---- L-/
Fire
Police (en-
forcement?)
Purchaslng
Recr/Parks
General Servo
Transportation
Library
Treasurer
Manager
SEND FOU~ COPIES OF ALL ORDINANCES TO:
CODpD ?YSTEMS, Atth Peter Maclearle
120 BalD ,C::tT,=et
AV0~. NeK Jersev_OI7II
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SEND FOUR COPIES OF Al,JL ORDTNI\\TrF<:: TO:
PRES ID L'\"G JUDGE
SAKTA ]\JONICA ]\IUNICIPAL COURT
1725 ~L~IN STREET
SANTA ~ON}CA, CA 90401
(certified?)
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CA:RMM:r
City Council Meet~n9 11-8-83 Santa Monica, California
ORDINANCE NUMBER 1287(CC5)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
AMENDING MUNICIPAL CODE SECTION 6633
RELATING TO UTILITY TAX REBATES
~DE~MnIOOS
SECTION 1. Sect~on 6633 of the Santa Monica Municipal
Code ~s amended to read as follows:
SECTION 6633.
Special Rebates and
Exemption.
(a) In
addit~on to the refund
procedures set forth ~n Section 6632,
there is hereby established special
rebate and exemption procedures for
natural persons meeting the eligibil~ty
cr~teria established by this Sect1on.
(b) To be eligible for the special
rebate or exemption prov~ded for in th1S
Sect~on, a person must be sixty-two (62)
years of age or older, or such person
must meet the cr1teria of disability as
established by the Social Secur1ty
Administration~s supplemental secur~ty
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incane program for the aged, blind and
d1sabled (Title XVI of the Social
Security Act, as amended). In add1tion,
no person shall be eligible for the
spec~al rebate or exemption prov1ded for
in th1.S Section if such person~ s annual
gross household l.ncome, as here1nafter
def1.ned, exceeds the maximum dollar
amount for the calendar year for wh1.ch a
refund is claimed. The maximum dollar
amount will be established and from time
to time amended by resolution of the City
Council. For the purposes of this
Sect1.on, "gross household income" shall
be and include the 1.ncame of every member
of the household received during the
year, including, but not limited to,
wages, salar1.es, bonuses, t1.pS, gross
amounts of pena1.ons and annu1t1.eS,
ret~rement benefits, social security
payments, d1.sab1.11.ty payments, life
insurance benef1.ts, interest, cap1.tal
ga1.ns and inheritances.
(c) Notwithstanding subsections
(a) and (b), persons who receive taxable
ut1.1ity service from master meters, or
for Whom ut1.1ity charges are included in
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house, apartment, or other rental charges
shall not be eligible for the special
rebate or exemption provided for in this
Sect~on. Persons receiving funds from
any public agency specifically for the
payment of such util1ty taxes shall,
likewise, not be eligible for the rebate
provided for here~n.
(d) Special Rebates.
(l) A claim for a rebate of
the util~ty tax paid pursuant this
Chapter shall be filed with the Director
of F1nance between May 1 and June 30 of
each year for the taxes paid during the
previous calendar year. Claims shall be
submitted on forms prov1ded by the City
and all statements made therein shall be
under oath and subject to penalty of
perJury. No rebate shall be paid under
the provisions of this Section unless the
claimant establishes his right thereto by
written record showing entitlement
thereto, and the Director of Finance may
require such additional evidence as he or
she deems necessary or appropriate in
determ1ning such ent1tlement. Only one
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claimant from each household each year
shall be entitled to a rebate.
(2) The Director of Finance
shall review each claim and shall cause a
rebate to be made to the claimant of the
utility taxes paid by such claimant
pursuant to th1s Chapter, or that portion
of said taxes pa1d Which is found to be
due and owing to the claLmant. If the
Director of Finance determines that a
claim is faulty or that the claimant has
failed to truthfully set forth the
required facts, the cla1m for rebate
shall be reJected in wrLting to the
claimant.
(J) If a claim for a rebate
is not filed within the period set forth
1n subsection (d) (1) all rights to such
rebate for the previous calendar year
shall be wa~ved, deemed void and
permanently extinguLshed.
(e) special Exemption.
(l) Any person eligible
under subsections (a) and (b) may file an
application for an exemption wLth the
Director of Finance. The application
shall be submLtted on the forms provided
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by the City and all statements made
therein shall be under oath and sUbJect
to penalty of perjury. No application
shall be granted unless the applicant
establishes his or her right thereto by
written record showing entitlement
thereto. The Director of Finance may
require such additional evidence as he or
she deems necessary or appropriate in
determining ent1tlement.
(2) The Director of Finance
shall review all such applicat10ns and
shall certify as exempt those applicants
determined to qualify therefor. The
Director of Finance shall notify all
service suppliers atfected that such
exemptions have been approved. For each
exemption, the following information
shall be transmitted to the serV1ce
supplier:
(i) Name
of
exempt
applicant.
(i1) Account number shown on
ut~lity bill.
(iii) Address
to
which
exempt service is being supplied.
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(iv) Any other information
as may be necessary for the service
supplier to remove the exempt service
user from its tax billing procedure.
(3) Upon receipt of such
notiz1cation, the service supplier shall
not be required to continue to bill any
further tax imposed by this Chapter from
such exempt service user ~ unt11 further
notice by the Director of Finance is
g1ven. The serV1ce supplier shall
eliminate such exempt service user from
its tax billing procedure no later than
60 days after receipt of such notice from
the Director of Finance.
(4) All exemptions shall
continue and be renewed automatically by
the D1rector of Finance, so long as the
prerequ1s1te facts supporting the initial
qualification for exemption shall
continue. The exemption shall auto-
matically tenunate wi th any change in
the service address or residence of the
exempt service user, except that such
service user may apply for a new
exemption.
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(5) The Director of Finance
shall have the right and the power to
demand evidence of continued el~gibility
of a service user for exemption. Fa11ure
to provide any evidence requested by the
Director of Finance as is within the
control of a service user to so provide
shall be grounds for the immediate
d1scontinuance of the exemption.
Evidence provided to the Director of
Finance upon request may not be used
against such service user as evidence of
violat~on of the provisions of this
Section; such evidence may only be used
as grounds for terminat10n of the
exempt1on.
(6) Any ind1v1dual exempt
from the tax shall not1fy the Director of
F1nance within 10 days of any change in
fact or circumstance which might
disqual1fy the 1ndividual from receiving
such exemption. No person shall
knowingly receive the benef1ts of the
exemptions provided by this Section, When
the basis for such exemption either does
not exist or ceases to exist.
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(7) If the Director of
Finance determines that an application
for an exemption is faulty or that the
applicant has failed to truthfully set
forth the required facts, the application
for exemption shall be denied in writ1ng
to the applicant.
(f) A determinat10n of the
Director of F1nance to reJect a claim for
rebate or to deny an appl1cation for
exemption may be appealed in accordance
w1th Municipal Code Section 6126 within
10 days after the date of mailing of the
rejection of the claim or denial of the
application. If an appeal by an
aggrieved claimant or applicant is not
taken within the 10 day period, no appeal
of the decision of the D1rector of
F1nance made thereafter be taken, and the
determination of the Director of Finance
shall became final.
SECTION 2. Any provision of the Santa Mon1ca Municipal
Code or appendices thereto incons1stent with the provisions of
this ordinance, to the extent of such inconsistencies and no
further, are hereby repealed or modified to that extent necessary
to affect the provisions of tb1S ordinance.
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SECTION 3.
If any section, subsection, sentence, clause,
or phrase of this ord~nance is for any reason held to be invalid
or unconstitutional by a decis10n of any court of any competent
jur~sdict~on, such dec~s~on shall not affect the validity of the
rema1.n1.ng portions of the ordinance.
The City Council hereby
declares that it would ha.ve passed this ordinance and each and
every sect~on, subsection, sentence, clause or phrase not
declared inval~d or unconst1.tutional without regard to whether
any portion of the ord1nance would be subsequently declared
invalid or unconstitut10nal.
SECTION 4.
The Mayor shall S1gn and the City Clerk shall
attest to the passage of this ordinance.
This C1 ty Clerk shall
cause the same to be published once in the official newspaper
within l5 days after its adoption.
The ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
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Robert M. Myers
C~ty Attorney
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ADOPTED AND APPROVED THIS
8th
DAY
OF November
MAYOR PRO TEMPORE
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCEt
NO. -1287
(CC5), WAS DULY AND REGULARLY INTRODUCED AT A
MEETING OF THE CITY COUNCIL ON THE 25th DAY OF October
1983; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED
AT A MEETING OF THE CITY COUNCIL ON THE 8th DAY OF November
,
1983 BY THE FOLLOWING COUNCIL VOTE:
AYES:
COUNCILMEMBERS:Conn, Epstein, Jennings, Press,
Reed and Zane
NOES:
COUNCILMEMBERs:None
ABSENT:
COUNCILMEMBERS: Edwards
ABSTAIN:
COUNCIlMEMBERS: None
ATTEST:
~7hx1A~
CITY CLERK