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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