HomeMy WebLinkAbout558-C - Ordinances ORDINANCE NO. 558C
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
,.,,~,,o, o ~,~,.,, ,-,,~.~,~,~ Twenty-Two Thousand, One-
Hundred and Seventy Dollars ($ 22,170.00)."
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,~..,,~" '° ~,=,,,=,,t ~,~.-,,~ ,o~
3.08 percent (3.08%) 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,~.-,~," Ao percent "~
3.08 percent (3.08%) 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
Ordinance 558C
Page 2
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.
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 ,~ A o
~,~,,.~,,, ~,~.-,,~,oj 3.08 percent (3.08%) 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 ofo..-,,.," A° ~,~,,..~,,t ~,.,...,~,oj 3.08 percent
(3.08%) of the charges made for such water and
shall be paid by the person paying for such water.
Ordinance 558C
Page 3
SECTION 6: Section 3.48.140 ofthe 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 t~ 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.
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'~'U'"~'~'A'''--"A" to servlce
retttrf~ 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 558C
Page 4
SECTION 7: This Ordinance shall be deemed effective on +99-7 August 31, 1999.
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 18th day of August, 1999.
AYES: Alexander, Biane, Curatalo, Dutton, Williams
NOES: None
ABSENT: None
ABSTAINED: None
~ ~am/~ander, Mayor
ATTEST:
Ordinance 558C
Page 5
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 4th day of August, 1999, and was finally passed at
a regular meeting of the City Council of the City of Rancho Cucamonga held on the 18th day of
August, 1999.
Executed this 19th day of August, 1999, at Rancho Cucamonga, California.
'D-~ra J. Adar~s~, CMC, City Clerk