HomeMy WebLinkAbout558-B - Ordinances ORDINANCE NO. 558-B
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER
3.48 OF THE RANCHO CUCAMONGA MUNICIPAL CODE
PERTAINING TO UTILITY USER'S FEES.
The City Council of the City of Rancho Cucamonga does ordain as follows:
SECTION 1: Section 3.48.035.A of the Rancho Cucamonga Municipal Code is hereby amended
to read, in words and figures, as follows:
"A. The maximum aggregate amount of the fees imposed by this
chapter upon any one service user for utilities during any
calendaryear shall not exceed Twe,-~y-E:,g,ht T,housc.,-;d F~ur
................. "' ....... ' Twenty Five Thousand
One-Hundred and Forty Dollars ($ 25,140.00)."
SECTION 2: Section 3.48.040.A of the Rancho Cucamonga Municipal Code is hereby amended
to read, in words and figures, as follows:
"A. There is imposed a fee on the amounts paid for any
intrastate telephone services by every person in the City
using such services. The fee imposed by this section shall be
at the rate of~ 3.48 percent (3.48%) of
the charges made for such services, and shall be paid bythe
person paying for such services."
SECTION 3: Section 3.48.050.A of the Rancho Cucamonga Municipal Code is hereby amended
to read, in words and figures, as follows:
'%. There is imposed a fee upon every person using electrical
energy in the City. The fee imposed by this section shall be
at the rate of 9~ec~'~r+~9+%~ 3.48 percent (3.48%) of
the charges made for such energy by an electrical
corporation providing service in the City and shall be paid by
the person using the energy. The fee applicable to electrical
energy provided by a non-utility supplier shall be determined
by applying the fee rate to the equivalent charge the service
user would have incurred if the energy used had been
provided by the electrical corporation franchised by the City.
Non-utility suppliers shall install and maintain an appropriate
utility-type metering system which will enable compliance
with this section. 'Charges,' as used in this section, means
O~inance No. 558-B
Page 2
charges made for: (1) metered energy and (2) minimum charges
for service, including customer charges, service charges,
demand charges, standby charges, and all other annual and
monthly charges, fuel or other cost adjustments authorized by
the California Public Utilities Commission or the Federal Energy
Regulatory Commission."
SECTION 4' Section 3.48.060.A.1 of the Rancho Cucamonga Municipal Code is hereby
amended to read, in words and figures, as follows:
"A.1. There is imposed a fee upon every person in the City,
other than a gas corporation or electrical corporation,
using gas in the City which is transported through mains
or pipes or by mobile transport. The fee imposed by this
section shall be at the rate of . .
3.48 percent (3.48%) of the charges made for the gas
and shall be paid by the person using the gas. The fee
applicable to gas or gas transportation provided by non-
utility suppliers shall be determined by applying the fee
rate to the equivalent charges the service user would
have incurred if the gas or gas transportation had been
provided by the gas corporation franchised by the City."
SECTION 5: Section 3.48.070.A of the Rancho Cucamonga Municipal Code is hereby amended
to read, in words and figures, as follows:
"A. There is imposed a fee upon every person in the city using
water which is delivered through mains or pipes. The fee
imposed by this section shall be at the rate of ~
(3.~1%) 3.48 percent (3.48%) of the charges made for such
water and shall be paid by the person paying for such water."
.SECTION 6: Section 3.48.140 of the Rancho Cucamonga Municipal Code is hereby amended
to read, in words and figures, as follows:
"A. Whenever the calculation of the amount of any fee due and
owing under this chapter is alleged to have resulted in an
overpayment or a payment more than once, it may be
refunded by the Finance Director as provided in this-sec'do~
subsections "B" and "C" of this section, provided a claim
in writing therefor, stating under penalty of perjury the
specific grounds upon which the claim is founded, is filed
with the Finance Director within one year of the date of the
claimed overpayment. The claim shall be on forms furnished
by the Finance Director.
Ordinance No. 558-B
Page 3
"B. A service supplier may claim a refund or take as credit
against fees collected and remitted an amount overpaid or
paid more than once when it is established that the person
from whom the fee has been collected did not owe the fee.
"C. Any service user may obtain a refund of fees overpaid
or paid more than once by filing a claim in the manner
provided in subsection "A" of this section, but only
when the service user having paid the fee to the
service supplier establishes to the satisfaction of the
Finance Director that the service user has been unable
to obtain a refund from the service supplier who
collected the fee."
"D. Notwithstanding other provisions of this section, whenever
a service supplier, pursuant to an order of the California
Public Utilities Commission or a court of competent
jurisdiction, makes a refund to service users of charges for
past utility services, the fees paid pursuant to this chapter
on the amount of such refunded charges shall also be
entitled to claim a credit for such refunded fees
against the amount of fee which is due upon the next
monthly returns. In the event this chapter is repealed,
the amounts of any refundable fees will be borne by the
City."
SECTION 7: This Ordinance shall be deemed effective on ~ August 31,
1998.
SECTION 8: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of
this Ordinance or any part thereof, is for any reason held to be unconstitutional or
preempted by subsequent legislation, such decision or legislation shall not effect the
validity of the remaining portions of this Ordinance or any part thereof. The City
Council hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact
that any one or more sections, subsections, subdivisions, paragraphs, sentences,
clauses or phrases are declared unconstitutional or preempted.
SECTION 9: The City Clerk shall certify to the adoption of this Ordinance and shall cause the
same to be published in the manner prescribed by law.
Ordinance No. 558-B
Page 4
PASSED, APPROVED, AND ADOPTED this 19th day of August, 1998.
AYES: Alexander, Biane, Curatalo, Dutton, Williams
NOES: None
ABSENT: None
ABSTAINED: None
William ,~klexander, Mayor
ATTEST:
· Adam~yCMC, City Clerk
I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California,
do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council
of the City of Rancho Cucamonga held on the 5th day of August, 1998, and was finally passed at
a regular meeting of the City Council of the City of Rancho Cucamonga held on the 19th day of
August, 1998.
Executed this 20th day of August, 1998, at Rancho Cucamonga, California.
D~bra J. Adam~. C,l~[CT~3ity Clerk