HomeMy WebLinkAbout558 - Ordinances ORDINANCE NO. 558
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 3.48.035A 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
Thirty Thousand Dollars ($30,000.00)?
SECTION 2: Section 3.48.040 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 4.21 percent of the charges made for
such services, and shall be paid by the person paying for such services."
SECTION 3: Section 3.48.050A 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 4.21 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
Page 2
SECTION 4: Section 3.48.060A1 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 4.21 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."
SECTION {i: Section 3.48.070A 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 4.21 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 this
section, provided a claim in wdting therefor, stating under penalty of perjury
the specific grounds upon which the claim is rounded, 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. 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 refunded to service users,
and the service supplier shall 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."
Ordinance No. 558
Page 3
SECTION 7: This Ordinance shall be deemed effective on August 31, 1996.
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 7th day of August, 1996·
AYES: Alexander, Biane, Curatalo, Gutierrez, Williams
NOES: None
ABSENT: None
William J. Ale/ander, IV{ayor
ATTEST:
· Adams, ~'~IC, 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 17th day of July, 1996, and was finally passed at a regular
meeting of the City Council of the City of Rancho Cucamonga held on the 7th day of August, 1996.
Executed this 8th day of August, 1996, at Rancho Cucamonga, California.
//c~Zc,/L~,,., ,
de'bra J. Adams, '~C, City Clerk