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SR-212-004 (2) e ~ / :2--tJot.l e CA:RMM:rmd501/hpca City council Meeting 6-16-87 Santa Monica, California STAFF REPORT ~'g JUN 1 6 1987 TO: Mayor and City council FROM: city Attorney SUBJECT: Ordinance Amending Santa Monica Municipal Code sections 6621, 6622, 6623, and 6623A to Increase the utility User Tax In connection with the adoption of the 1987-88 Budget, the Ci ty Manager has requested that the City Attorney prepare an ordinance amending Santa Monica Municipal Code Sections 662l, 6622, 6623, and 6623A to increase the utility users tax. The accompanying ordinance provides for an increase in the city I s utility user tax from five percent (5%) to six and one-half percent (6-1/2%) starting on August 1, 1987, and an increase to eight percent (8%) starting on July l, 1988. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be introduced for first reading. PREPARED BY: Robert M. Myers, city Attorney .z (-8 JUN 1 6 1987 e cA:RMM:rmd502/hpca City council Meeting 6-16-87 e Santa Monica, California ORDINANCE NUMBER (city council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 662l, 6622, 6623, AND 6623A TO INCREASE THE UTILITY USER TAX THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code section 6621 is amended to read as follows: SECTION 6621. Telephone Tax. (a) There is hereby imposed a tax upon every person in the city, other than a telephone corporation, using instrastate telephone communication services in the city. The tax imposed by this section shall be at the following rate: (1) Prior to August 1, 1987, five percent (5%) of all charges made for such services, which tax shall be paid by the person paying for such services. (2) Between August 1, 1987, and June 30, 1988, six and one-half percent (6-1/2%) of all charges made for - 1 - e e such services, which tax shall be paid by the person paying for such services. (3) On and after July 1, 1988, eight percent (8%) 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 ncharges" shall not include charges for services paid for by inserting coins in coin-operated telephones except that where such coin-operated telephone service is furnished for a guaranteed amount, the amounts paid under such guarantee plus any fixed monthly or other periodic charge shall be included in the base for computing the amount of tax due; nor shall the term "telephone communication services" include land mobile services or maritime mobile services as defined in section 2. 1 of Title 47 of the Code of Federal Regulations, as such section existed on January 1, 1969. (c) Notwithstanding the provisions of subsection (a), the tax imposed under this section shall not be imposed upon any person for using intrastate telephone communication services to the extent that - 2 - e e the amounts paid for such services are exempt from or not sUbject to the tax imposed by section 4251 of Title 26 of the United states Code, as such section existed on January l, 1969, without regard to subsection (b) thereof. SECTION 2. Santa Monica Municipal Code Section 6622 is amended to read as follows: SECTION 6622. Electricity Tax. (a) There is hereby imposed a tax upon every person in the City of Santa Monica using electrical energy in the City of Santa Monica. The tax imposed by this section shall be at the following rate: (1) Prior to August 1, 1987, five percent (5%) of all charges made for such services changed to energy, which tax shall be paid by the person paying for such services changed to energy. (2) Between August 1, 1987, and June 30, 1988, six and one-half percent (6-1/2%) of all charges made for such services changed to energy, which tax shall be paid by the person paying for such services changed to energy. (3) On and after July I, 1988, eight percent (8%) of all charges made for such services changed to energy, - 3 - e e which tax shall be paid by the person paying for such services changed to energy. (b) As used in this Section, the term "charges" shall include charges made for: (1) metered energy: and (2) minimum charges for service, including customer charges, service charges, demand charges, standby charges, and annual and monthly charges. (c) As used in this section, the term "using electrical energy" shall not be construed to mean the storage of such energy by a person in a battery owned or possessed by him for use in an automobile or other machinery or device apart from the premises upon which the energy was received; provided, however, that the term shall include the receiving of such energy for the purpose 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 for resale. - 4 - e e SECTION 3. Santa Monica Municipal Code Section 6623 is amended to read as follows: SECTION 6623. Gas Tax. (a) There is hereby imposed a tax upon every person in the city of Santa Monica using in the City gas which is delivered through mains or pipes. The tax imposed by this section shall be at the following rate: (1) Prior to August 1, 1987, five percent (5%) of all charges made for such gas, which tax shall be paid by the person paying for such gas. (2) Between August 1, 1987, and June 30, 1988, six and one-half percent (6-1/2%) of all charges made for such gas, which tax shall be paid by the person paying for such gas. (3) On and after July 1, 1988, eight percent (8%) of all charges made for such gas, which tax shall be paid by the person paying for 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 delivered through mains or pipes; (2) charges made for gas to be used in the generation of - 5 - e e 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 Municipal Code section 6623A is amended to read as follows: SECTION 6623A. Cable Television. (a) Commencing on January l, 1984, there is hereby imposed a tax upon every person in the City of Santa Monica using in the City a cable television service. The tax imposed by this section shall be at the following rate: (1) Prior to August 1, 1987, five percent (5%) of all charges made for such cable television service, which tax shall be paid by the person paying for such cable television service. (2) Between August 1, 1987, and June 30, 1988, six and one-half percent (6-1/2%') of all charges made for such cable television service, which tax shall be paid by the person paying for such cable television service. (3) On and after July l, 1988, eight percent (8%) of all charges made for such cable television service, - 6 - e e which tax shall be paid by the person paying for such cable television service. (b) For purposes of this section, cable television service shall mean a television signal delivered by cable for a fee or charge. SECTION 5. 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, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 6. 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 any 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. - 7 - e e SECTION 7. 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 newspaper within l5 days after its adoption. This Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: ~~.~._... ROBERT M. MYERS City Attorney - 8 - -.--