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SR-212-005 (8) ~ ~ e ..2 /2 ~ :::-/05 e - ~...c: , CA:RMM:rmdllljhpca City Council Meeting 11-26-85 Santa Monica, Cal i forn~DM 2 fJ ,. STAFF REPORT TO: Mayor and City council FROM: city Attorney SUBJECT: Ordinance Amending rIunicipal Code section 6632 Relating to Refund of utility Users Tax At its meeting on November 12, 1985, the city Council directed the City Attorney to prepare an ordinance authorizing approval of certain utility user tax refunds. In response to this direction, the accompanying ordinance has been prepared and is presented for city council consideration. The accompanying ordinance would add subsection Cd) to Municipal Code section 6632. This new subsection would authorize a utility to refund to utility users the amount of taxes paid in connection \vith refunds on past utility charges required by actions of the Public utilities commission. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be introduced for first reading. PREPARED BY: Robert M. Hyers, city Attorney - 8"'(:: W'I! 2 IJ ,. -, e e CA:RMM:rmdllla/hpca City Council Meeting 11-26-85 Santa Monica, California ORDINANCE NUMBER (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 6632 OF THE SANTA MONICA MUNICIPAL CODE RELATING TO REFUNDS OF THE UTILITY USERS TAX SECTION 1. Section 6632 of the Santa Monica Municipal Code is amended to read as follows: SECTION 6632. Refunds. (a) Whenever the amount of any tax has been overpaid or paid more than once or has been erroneously or illegally collected or received by the Director of Finance under this Chapter, it may be refunded as provided in this Section. (b) A person required to collect and remit taxes imposed under this ordinance may claim a refund or take as credit against taxes collected and remi tted the amount overpaid, paid more than once or erroneously or illegally collected or received when it is established in a manner prescribed by the Director of Finance that the service user from whom the tax has been collected did - 1 - e e not owe the tax; provided, however, that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the service user or credi ted to charges subsequently payable by the service user to the person required to collect and remit. (c) No refund shall be paid under the provisions of this section unless the claimant establishes entitlement thereto by such written records as the Director of Finance may deem necessary. (d) Notwithstanding other provisions of this Section, whenever a service supplier, pursuant to an order of the california Public utilities Commission or court of competent jurisdiction, makes a refund to service users of charges for past utility services, the taxes paid pursuant to this Chapter on the amount of such refunded charges shall also be refunded to the service users, and the service supplier shall be entitled to claim a credit for such refunded taxes against the amount of tax which is due upon the next monthly returns. The service supplier shall provide to the - 2 - . -. e e Director of Finance such documentation concerning its entitlement to a credit under this subsection as the Director of Finance may deem necessary. SECTION 2. Any provision of the Santa I-Ionica 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 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 any competent jurisdiction, such decision shall not affect the validity of the remaining portins of the ordinance. The city council hereby declares that it would have passed this ordinance and each and every sectoin, 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 newspaper within 15 days after its adoption. The ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: rv~ v--.. ~ ROBERT M. MYERS ~ City Attorney - 3 -