HomeMy WebLinkAbout558D - Ordinances ORDINANCE NO. 558D
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 Twenty Two T~. ......
(~ .... n~,, I'~,-,11--,,-~, /~")") 47n nm Seventeen
Thousand, Five-Hundred and Ninety Dollars
($17,590)."
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 3.0~ ...... * ~'~ n~o/_~
2.46 percent (2.46%) 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 ;EM]efi~se,~
zq n.o/_~ 2.46 percent (2.46%) of the charges
made for such energy by an electrical corporation
providing service in the City and shall be paid bythe
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
Ordinance No. 558D
Page 2 of 5
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."
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
transpoded through mains or pipes or by mobile
transpod. The fee imposed by this section shall be
at the rate of '~ n~ ....... m n~o,~ 2.46 percent
(2.46%) 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 . .o 2.46 percent
(2.46%) 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
Ordinance No. 558D
Page 3 of 5
resulted in an overpayment or a payment more than
once, it may be refunded by the Finance Director as
provided in subsections "B" and "C" of this section,
provided a claim in writing therefore, 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 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 ^ ...... * '~
-1999 August 31,2000.
Ordinance No. 558D
Page 4 of 5
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 podions 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 5th day of July,
AYES: Alexander, Curatalo, Dutton, Williams
NOES: None
ABSENT: Biane
ABSTAINED: None
c"'WilliE~m ,J. Alexander, Mayor
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ATI'EST:
Ordinance No. 558D
Page 5 of 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 21 st day of June 2000, and was passed at a regular meeting
of the City Council of the City of Rancho Cucamonga held on the 5th day of July 2000.
Executed this 6th day of July 2000, at Rancho Cucamonga, California.