HomeMy WebLinkAbout558-A - Ordinances ORDINANCE NO. $58-A
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 calendar year shall not exceed
..... ~.~ T~C,.'-'3,C,,'~ r~_,,_._
....... ~, ....00.00) Twenty Eight Thousand Four
Hundred Dollars ($28,400.00}."
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 ~ 3.91 percent of the charges made
for such services, and shall be paid by the 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:
"A. 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 ~ 3.91
percent 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 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."
Ordinance No. 558-A
Page 2
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:
"^.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 4.21 3.91 percent 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."
SECTIONS: Section 3.48.070.A of the Rancho Cucamonga Municipal Code is hereby amended
to read, in words and figures, as roi'lows:
"^. 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 ~ 3.91 percent 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. VVhenever 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 thl;
;cc.t:,;r;, 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.
"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."
Ordinance No. 558-A
Page 3
"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 .................. .'.'3¢r3,
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 Au~ November '15, t997.
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.
PASSED, APPROVED, AND ADOPTED this 20th day of August, 1997.
AYES: Alexander, Biane, Gutierrez, Williams
NOES: None
ABSENT: Curatalo
ABSTAINED: None
· ~ "' William J~'exander, kllayor
ATTEST:
/
Debra J. Ada~'s, CMC, City Clerk
Ordinance No. 558-A
Page 4
I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify
that the foregoing Ordinance was introduced at an adjourned meeting of the Council of the City of
Rancho Cucamonga held on the 14th day of August, 1997, and was finally passed at a regular
meeting of the City Council of the City of Rancho Cucamonga held on the 20th day of August,
1997.
Executed this 21st day of August, 1997, at Rancho Cucamonga, California.