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HomeMy WebLinkAbout1454 - ORDINANCES - 8/4/1993 ORDINANCE NO. 1454 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA R.EI:NSTATING CHAPTER 3.32 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO UTILITY USER TAXES THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES HEREBY ORDAIN As FOLLOWS: SECTION 1. Chapter 3.32 of the Palm Springs Municipal Code as adopted through Ordinance No. 1268, and amended by Ordinances Nos. 1272, 1278, and 1326 and as is further amended by this Ordinance No. _ is hereby reinstated as of the effective date set forth in Section 8 below. SECTION 2. Subsection 3.32.010(h) , (i) and (j) are hereby added to the City of Palm Springs Municipal Code as follows: "h. "Cogenerator" shall. mean any corporation or person employing cogeneration technology (as defined in Section 281.,5 of the California Public Utilities Code) for producing power from other than a conventional power source for the generation of electricity for self use or sale to others. i. "Gas" shall mean natural or manufactured gas or any alternate hydrocarbon fuel which may be substituted therefore.. j . "Non-utility supplier" shall. mean: (a) a service supplier, other than an electrical corporation franchised to serve the City, which generates electrical energy in capacities of at least 50 kilowatts for its own use or for sale to others, including those using cogeneration or fuel cell technologies; or (b) a gas supplier other than a gas corporation, that sells or supplies gas to other users within the City." SECTION 3. Subsection 3.32.030(a) of the Palm Springs Municipal Code is hereby amended to read as follows: "a. There is hereby imposed a tax on the amounts paid for any intra-state telephone corporation using such services. The tax imposed by this Section shall be five percent (5%) of the charges made for such services and shall be paid by the person paying for such services." SECTION 4. Subsection 3.32.040(a) of the Palm Springs Municipal Code is hereby amended to read as follows: "a. There is hereby imposed a tax upon every person in the City using electrical energy in the City. The tax imposed by this Section shall be five percent (58) of the charges made for such energy and shall be paid by the person paying for such energy. "Charges", as used in this Section, shall include charges made for: (1) metered energy and (2) minimum charges for services, including customer charges, service charges, demand charges, standby charges, and annual and monthly charges, fuel, cost adjustments and the Bike." SECTION 5. Subsection 3.32.050(a) of the Palm Springs Municipal Code is hereby amended to read as follows: "a. There is hereby imposed a tax upon every person using gas in the City, gas which is transported through a pipeline distribution system or by mobile transport. The tax imposed by this Section shall be at the rate of five percent (5%) of the charges made for such gas and shall be paid by the person using the gas. The tax applicable to gas provided by non- utility suppliers shall be determined by applying the tax rate to the actual charges the service user, incurred. "Charges", as used in this Section, shall include: (1) the charge for gas which is delivered through a gas pipeline distribution system or by mobile transport; (2) gas transportation charges; and (3) demand charges, service charges, customer charges, minimum charges, annual and monthly charges, and any other charges authorized by the California Public Utilities Commission or the Federal Energy Regulatory Commission." SECTION 6. Subsection 3.32.060 is hereby added to the City of Palm Springs Municipal Code as follows: Section 3.32.060 Tax on Cogenerated Electricity a. Notwithstanding the rate provisions in Subsection 3.32.040 of this Ordinance, the tax imposed on every person using cogenerated electrical energy in the City shall be at the rate of five percent (5%) of the value of the c:ogenerated electrical energy consumed in the City. Cogenerat:,ed electricity shall be valued at the electric utility supplier's combined "Avoided Cost Energy Pricing and Avoided Cost Capacity Pricing" which is filed with the California Public Utilities Commission. - 11 Ulu IYJY Page 2 b. The cogenerator shall install and maintain an appropriate metering system which will enable compliance with this Section. C. The tax shall be collected and paid by the cogenerator under Subsection 3.32.065 if the cogenerator consumes the energy. If the cogenerator sells the energy for consumption in the City, the tax will be imposed on the charges made for such service and shall be collected and paid by the person to whom the energy is sold. SECTION 7. Subsection 3.32.065 is hereby added to the City of Palm Springs Municipal Code as follows: Section 3.32.065 Service User Receiving Direct Purchase of Gas or Electricity. a. Any service user subjected to the tax imposed by Subsections 3.32.040, 3.32.050, or 3.32.060 hereof, who produce electricity or gas for self use or who will receive electricity or gas directly from a non-utility supplier, shall report said fact to the Tax Administrator and remit the tax due directly to the City within 30 days of such use. b. The Tax Administrator may require said service user to identify its non-utility supplier and to provide, subject to audit, filed tax returns or other satisfactory evidence documenting the quantity of electricity or gas used and the price thereof. SECTION 8. Operative Dates, This Ordinance is an ordinance relating to taxes for the usual and current expenses and shall take effect immediately pursuant to Government Code Section 36937(d) . The taxes imposed under this ordinance shall apply to services furnished from the beginning of the first billing cycle which starts on or after September 30, 1993. Chapter 3.32 of the City of Palm Springs Municipal Code shall be suspended as of June 30, 1994. SECTION 9. Publication. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED this 4th day of August 1993. AYES: Members Lyons, Reller-Spurgin, Schlendorf, and Mayor Maryanov NOES: Member Hodges ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORN:IA Ely City Clerk Mayor REVIEWED & APPROVED City Attorney I HEREBY CERTIFY that the foregoing Ordinance 1454 was duly adopted by the City Council of the City of Palm Springs, California in a meeting held on the 4th day of August, 1993, and that same was duly published in the DESERT SUN, a newspaper of general circulation on August 12, 1993. dUDITH SUM ICH City Clerk