HomeMy WebLinkAboutOrdinances_2340_CCv0001.pdf ORDINANCE NO. 2340
AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTER 3.64 OF THE
REDLANDS MUNICIPAL CODE RELATING TO UTILITY USERS` TAXES
THE PEOPLE OF THE CITY OF REDLANDS DO ORDAIN AS FOLLOWS:
Section 1. The text of Chapter 3.64 of the Redlands Municipal Code as enacted by
Ordinance No. 2242 of the City of Redlands shall be deleted in its entirety and a new
Chapter 3.64 is added to read as follows:
"Chapter 3.64
UTILITY USERS' TAX
Sections:
3.64.010 Definitions.
3.64.020 Telephone users' tax.
3.64.030 CATV users' tax.
3.64.040 Electricity users' tax.
3.64.050 Gas users' tax.
3.64.060 Maximum annual tax.
3.64.070 Constitutional exemption.
3.64.080 Delinquent taxes.
3.64.090 Exemption - Defined entities.
3.64.100 Duty to collect - Procedures.
3.64.110 Powers and duties of the Director.
3.64.120 Assessment - Administrative remedy.
3.64.130 Records.
3.64.140 Refunds.
3.64.150 Exemption for very low income families and persons.
3.64.160 -Use of tax revenues.
3.64.170 Effective date.
3.64.180 Accountability.
1 3.64.010 DEFINITIONS
The following words and phrases used in this Chapter shall have the meanings
ascribed to them:
A. "City" shall me-an the City of Redlands.
B. "Director" shall mean the City's Director of Finance, or his or her designee.
C. "Equivalent charges" shall mean taxing any energy using a value for that energy
equivalent to the value in the published tariffs of the utility(ies) franchised to serve the City (or
portion thereof) in which the end use customer is located.
D. "Gas" shall mean natural or manufactured gas or any alternate hydrocarbon fuel
which may be substituted therefor.
E. "Month" shall mean a calendar month.
F. "Non-utility supplier" shall mean a service supplier, other than an electrical
corporation franchise to serve the City, which generates electrical energy in capacities of at
least 50 kilowatts for its own use or for sale to others.
G. "Person" shall mean any domestic or foreign corporation, firm, association,
syndicate, joint stock company, partnership of any kind, joint venture, club, Massachusetts
business or common law trust, society or individual.
H. "Service supplier" shall mean a person required to collect, or self-impose, and
remit a tax as imposed by this Chapter.
1. "Service user" shall mean a person required to pay a tax imposed by this
Chapter.
1. "Telephone corporation," "electrical corporation," '"gas corporation," "water
corporation" and "cable television corporation" shall have the same meanings as defined in
Sections 234, 218, 222, 2141 and 215.5, respectively of the California Public Utilities Code
except, "electrical corporation," "gas corporation" and "water corporation" shall also be
construed to include any municipality or public agency engaged in the selling or supplying of
electrical power, gas or water to a service user.
K. "Year" shall mean a calendar year.
3.64.020 TELEPHONE USERS` TAX.
A. There is hereby imposed a tax on the amounts paid for any intrastate telephone
service by every person in the City using such services. The tax imposed by this section shall
be at the rate of four percent (4%) of the charges made for such services and shall be paid by
the person paying for such services,
B. As used in this section, the term "charges" shall not include charges for
services paid for by inserting coins in coin-operated telephones except where such coin-
operated telephone service is furnished for a guaranteed amount, in which case the amounts
paid under such guarantee plus any fixed monthly or other periodic charge shall be included in
the base for computing the amount of tax due; nor shall the term "charges" include charges for
any type of service Or equipment furnished by a service Supplied subject to Public Utility
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regulation during any period in which the same or similar services or equipment are also
available for sale or lease from persons other than a service supplier subject to Public Utility
regulation; nor shall the words "telephone communication services" include land mobile
services or maritime mobile services as defined in Section 2.1 of Title 47 of the Code of
Federal Regulations. The term "telephone communication services" refers to that service
which provides access to a telephone system and the privilege of telephone quality
communication with substantially all persons having telephone stations which are part of such
system. The Telephone Users' Tax is intended to, and does, apply to all. charges billed to a
telephone account having a situs in the City, irrespective of whether a particular
communication service originates and/or terminates within the City.
C. The tax imposed by this section shall be collected from the service user by the
person providing the intrastate telephone communication services, or the person receiving
payment for such services. The amount of tax collected in one month shall be remitted by the
service supplier to the Director on or before the twentieth (20th) day of the following month;
or at the option of the person required to collect and remit the tax, an estimated amount of tax
collected, measured by the tax bill in the previous month, shall be remitted to the Director on
or before the last day of the following month.
D. Notwithstanding the provisions of subsection A of this section, the tax imposed
under this section shall not be imposed upon any person for using intrastate telephone
communication services to the extent that the amounts paid for such services are exempt from
or not subject to the tax imposed under Division 21, Part 20 of the California Revenue and
Taxation Code, or the tax imposed tinder Section 4251 of the Internal Revenue Code.
3.64.030 CATV USERS' TAX.
A. There is hereby imposed a tax upon every person in the City using cable
television services. The tax imposed by this section shall be at the rate of four percent (4%)
of the charges made for such services and shall be paid by the person paying for such services.
B. The tax imposed by this section shall be collected from the service user by the
person furnishing the cable television services. The amount of tax collected in one month shall
be remitted by the service provider to the Director on or before the twentieth (20th) day of the
following month.
3.64.040 ELECTRICITY USERS' TAX..
A. A tax is imposed upon every person in the City using electrical energy in the
City. The tax imposed by this section shall be at the rate of four percent (4%) of the charges
made for such energy, and shall be paid by the person paying for such energy. The tax
applicable to electrical energy provided by a non-utility supplier shall be determined by
applying the tax rate to the equivalent charges the service user would have incurred if the
energy used had been provided by the electrical corporation franchised by the City. Rate
schedules for this purpose shall be available from the City. Non-utility suppliers shall install
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and maintain an appropriate utility-type metering, system which will enable compliance with
this section. "Charges" as used in this section shall include charges made for (1) metered
energy and (2) services, including customer charges, service charges, demand charges, standby
charges and annual and monthly charges, fuel and cost adjustments.
B. As used in this section, the phrase "using electrical energy" shall not include the
storage of electrical energy by a person in a battery owned or possessed by that person for use
in an automobile or other machinery or devise apart from the premises upon which the energy
was received; provided, however, that the phrase shall include the receiving of such energy for
the purpose of using it in the charging of batteries; nor shall the phrase include electricity
used and consumed by an electric Utility Supplier in the conduct of its business as an electric
public utility; nor shall the phrase include the mere receiving of such energy by an electrical
public utility or governmental agency at a point within the City for resale; or the use of such
energy in a production or distribution of water by a public utility or a governmental agency.
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C. The tax imposed by this section shall be collected from the service user by any
energy service supplier of a non-utility supplier. The tax shall be self-imposed by non-utility
suppliers as to their own use. The amount of tax collected or self-imposed in one (1) month
shall be remitted by U.S. Mail, to the Director, postmarked on or before the twentieth (20th)
day of the following month; or at the option of the person required to collect and remit the tax,
an estimated amount of tax, measured by the tax billed in the previous month, shall be
remitted by U.S. Mail, to the Director, postmarked on or before the last day of each month.
Remittance of tax may be predicted on a formula based upon the payment pattern of the
service supplier's customers.
D. If the amount paid by a service user is less than the full amount of the energy
charge in tax which has accrued for the billing period, such amount and any subsequent
payments by a service user shall be applied to the energy charge first until such charge has
been fully satisfied. Any remaining balance shall be applied to taxes due.
3.64.050 GAS USERS' TAS.
A. There is hereby imposed a tax upon every person in the City using gas in the
City. The tax imposed by this section shall be at the rate of four percent (4%) of the charges
made for such gas, and shall be paid by the person paying for such gas.
B. There shall be excluded from the tax imposed by this section charges for gas
energy used to propel a motor vehicle, as may be defined from time to time in the Vehicle
Code of the State of California, and charges for gas energy Used by a cogenerator.
C. The tax imposed by this section shall be collected from the service user by the
service supplier. A person selling only transportation services to a user for delivery of gas
through mains or pipes shall collect the tax from the service user based on the transportation
charges. The amount of tax collected or self-imposed in one (1) month shall be remitted by
U. S. Mail, to the Director, postmarked on or before the twentieth (20th) day of the following
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month. At the time such returns are filed, the person selling or transporting the gas shall remit
the payments to the Director in accordance with schedules established or approved by the
Director. The amount collected by the service supplier in one month shall be remitted to the
Director on or before the twentieth day of the following month.
3.64.060 MAXIMUM ANNUAL TAX.
A. The City Council of the City of Redlands has found and determined that certain
public agencies, institutional and non-profit entities provide, on an annual basis, direct and
indirect monetary benefits, services and other difficult to quantify, benefits to the City and its
citizens. As a result of the City's and its citizens' receiving such benefits, the City Council
has further determined that for Purposes of equity, provision should be made to establish a
maximum annual tax that such public agencies, institutions and non-profit entities should pay
pursuant to this Chapter. The specific entities which the City Council has determined shall be
subject to the maximum annual tax limitation established by this section are the Redlands
Unified School District, Redlands Community Hospital and the University of Redlands.
B. The maximum annual tax payable pursuant to this Chapter by any of the
service users listed in subsection A of this section for any one year shall be $30,000. Prior to
each year during which a tax will be imposed Linder this Chapter, the Director shall determine
from a review of those service users' utility records, and with the assistance of the service
suppliers, whether a service user's utility use will likely result in tax payments in excess of the
maximum annual tax. Each service user identified in subsection A of this section as likely
exceeding the maximum annual tax shall be notified of the same by the Director by first-class
mail, postage prepaid. A copy of such notice shall also be mailed to service suppliers.
C. Any service user identified as likely exceeding the maximum annual tax
payment for any year shall pay $30,000 for such year directly to the City. Such payments
shall be made in equal quarterly installments and shall be due and payable upon receipt of an
invoice from the Director.
D. In the event any service user identified as likely exceeding the maximum annual
tax payment for any year fails to actually use sufficient utility services to equal such payment,
the City shall reimburse the service user for the amount of overpayment.
3.64.070 CONSTITUTIONAL EXEMPTION
Nothing in this Chapter shall be constructed as imposing a tax upon any person if
imposition of such tax upon that person would be in violation of the Constitution of the United
States or the Constitution of the State. At the request of a ser-vice supplier, the Director shall
prepare a list of the persons exempt from the provisions of this Chapter by virtue of this
section and furnish a copy to the service supplier.
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3.64.080 DELINQUENT TAXES.
A. Taxes collected from a service user which are, not remitted to the Director on or before
the due dates provided in this Chapter are delinquent. Should the due date occur on a weekend
or legal, holiday, the return may be postmarked on the first regular working, day following a
Saturday, Sunday or legal holiday.
B. Penalties for delinquency in remittance of any tax collected or any deficiency
determination shall attach and be paid by the person required to collect and remit at the rate of
twenty-five percent (25%) per annum of the total tax collected or imposed in this Chapter and
not remitted to the City.
C. Every penalty imposed under the provisions of this section shall become a part of the
tax required to be remitted.
3.64.090 EXEMPTIONS - DEFINED ENTITIES.
An entity defined in Section 3.64.010(1) of this Chapter may obtain an exemption from
the payment of taxes imposed by this Chapter by entering into and executing a written
agreement with the City providing for, anion- other things, administration and collection of
the tax by the entity at the entity's sole cost, and such other provisions required by the City to
ensure effective collection and accounting for the tax.
3.64.100 DUTY TO COLLECT - PROCEDURES,
The duty to collect and remit the taxes imposed by this Chapter shall be
performed as follows:
A. The tax shall be collected insofar as practicable at the same time as and along
with the charges made in accordance with the regular billing practices of the service supplier.
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Where the amount paid by a service user to a service Supplier is less than the full amount of
the energy charge and tax which has accrued for the billing period, such amount and any
subsequent payments by a service user shall be applied to the utility charge first until such
charge has been fully satisfied. Any remaining balance shall be applied to taxes due. In those
cases where a service user has notified the service supplier of his refusal to pay the tax
imposed on said energy charges, or whenever a service supplier becomes or is made aware that
a service user has failed to pay all or any portion of a tax owed pursuant to this Chapter, the
service supplier shall provide the City with prompt written notice of the amounts refused
and/or unpaid along with the names and addresses of the service users neglecting to pay the tax
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imposed under the provision-, of this Chapter.
B. The duty to collect the tax from a service user shall commence with the
beginning of the first full regular billing period applicable to the service user where all charges
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normally included in such billing are subject to the provisions of this Chapter. Where a
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service user receives more than one billing, one or more being for different periods than
another, the duty to collect shall arise separately for each billing.
3.64.110 POWERS AND DUTIES OF THE DIRECTOR
A. The Director shall have the power and duty and is directed to reasonably
enforce each and all of the provisions of this Chapter.
B. The Director may recommend administrative agreements subject to approval of
the City Council. of the City, to vary the strict requirements of this Chapter so that collection
of any tax imposed herein may be made in conformance with the billing procedures of a
particular service supplier so long as said agreements result in collection of the tax in
conformance with the general, purpose and scope of this Chapter. A copy of each such
agreement shall be on file in the Director's and City Clerk's offices.
3.64.120 ASSESSMENT - ADMINISTRATIVE REMEDY.
A. The Director may make an assessment for taxes not remitted by a person
required to remit. Whenever the Director determines that a service user has deliberately
withheld the amount of the tax owed by the service user from the amounts remitted to a person
required to collect the tax, or that a service user has refused to pay the amount of tax, or
whenever the Director deems it in the best interest of the City, the Director may relieve such
person of the obligation to collect taxes due tinder this Chapter from certain named service
users for specified billing periods.
B. The service supplier shall provide the City with prompt written notice of the
amounts refused and/or unpaid along with the names and addresses of the service users
neglecting to pay the tax imposed under the provisions of this Chapter. Whenever the service
user has failed to pay the amount of tax for a period of two or more billing periods, the service
supplier may make written request of the Director to be relieved of the obligation to collect
the amounts due.
C. When applicable, the Director shall notify the service user that the Director has
assumed responsibility to collect the taxes due for the stated periods and demand payment for
such taxes. The notice shall be served on a service user by handing it to him personally or by
deposit of the notice in the U. S. Mail, postage prepaid thereon, addressed to the service user
at the address to which billing was made by the person required to collect the tax; or, should
the service user have chanced addresses, to the last known address. If a service user fails to
remit the tax to the Director within fifteen (15) days from the date of the service of the notice,
which shall be the date of mailing if service is not accomplished in person, a penalty of
twenty-five (25%) percent of the amount of the tax set forth in the notice shall be imposed, but
not less than five dollars ($5.00). The penalty shall become part of the tax herein to be
required to be paid.
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D. The service Supplier and every person self-imposing or collecting a tax pursuant
to this Chapter shall provide written monthly lists to the Director which identify each service
user who has not paid a tax and the cumulative amount owed by such service user up to and
including a period of ninety (90) days. The service supplier and every person self-imposing or
collecting a tax pursuant to this Chapter shall also provide the Director with a written monthly
listing of all exemptions.
3.64.130 RECORDS.
A. It shall be the duty of every person required to collect and remit to the City, to
keep and preserve, for a period Of four (4) years, all records as may be necessary to determine
the amount of such tax that such person has had a duty to collect and remit to the Director.
The Director shall have the right to inspect such records at all reasonable times.
B. A non-Litility supplier providing services to a gas and/or electric user shall make
available to the Director records of the names and addresses of service users to whom services
are provided. All information provided to the Director pursuant to this section shall be used
solely for the purposes of this Chapter.
3.64.140 REFUNDS.
A. Whenever the amount of any tax has been overpaid, or paid more than once, or
has been erroneously or illegally collected or received by the Director under this Chapter, such
tax may be refunded as provided by law.
B. A service supplier may claim a refund, or take as credit against taxes remitted,
the amount overpaid, paid more than once or erroneously or illegally collected or received
when it is established that the service user from whom the tax has been collected did not owe
the tax; provided, however, that neither a refund or a credit shall be allowed unless the amount
of the tax so collected has either been refunded to the service user or credited to charges
subsequently payable by the service user to the person required to collect and remit. A service
supplier that has collected any arnount of tax imposed in excess of the amount of tax by this
Chapter and actually due from the service user, may refund such amount to the service user
and claim credit for such overpayment against the amount of tax which is due upon any other
monthly returns, provided such credit is claimed in a return dated no later than three (3) years
from the date of overpayment.
C. NO refund shall be paid under the provisions of this section unless the claimant
establishes his right thereto by written records showing entitlement thereto.
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 service, the taxes paid
pursuant to this Chapter on the amount of such refunded charges &II also be refunded to
service users, and the service suppliers shall be entitled to claim a credit for refunded taxes
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against the amount of tax which is due upon the next monthly returns. In the event this
Chapter is repealed, the amounts of any refundable taxes will be borne by the City.
E. A service Supplier iiiay refund the taxes collected to the service user in
accordance with this section or by service supplier's customary practice.
3.64.150 EXEMPTION FOR VERY LOW INCOME FAMILIES AND PERSONS.
A. The tax imposed by this Chapter shall not apply to any individual who uses
telephone, electric, natural gas, water or cable television services in or upon any premises
occupied by such individual if the following conditions are satisfied:
1. If the individual lives alone, the individual's annual gross income is less than
twelve thousand dollars ($12,000.00), as shown on the individual's federal personal
income tax or a copy of Form SSA-1099 for the preceding reporting period; or
2. If the individual is married or lives as part of a family unit, the annual gross
income of the individual's household is less than fifteen thousand dollars ($15,000.00)
for all household occupants as shown on the federal personal income tax or a copy of
Form SSA-1099 for the preceding reporting period. Income of the household means all
income of the individual's household from all members living in such household who
are related to the individual as a spouse or as a dependent as defined in Section 17056
of the Revenue and Taxation Code of California; and
3. The individual is the person in whose name the bills for utilities services were
rendered; and
4. The individual makes an application and files a verified claim in writing
(including the documents required by this Section) with the Director for such
exemption upon a form provided by the Director; and
5. The claim is approved by the Director as being in conformance with this
section.
B. As used in subsection A, "Gross income" means the sum of adjusted gross
income as used for purposes of the California personal income tax law, together with the net
income from all sources of all kinds, including but not limited to alimony, support money,
cash public assistance and relief, pensions, annuities, social security, interest on securities
(including tax free interest on governmental securities), realized capital gains, worker's
compensation (not including medical benefits), unemployment insurance income, insurance
benefits of all kinds (other than medical), and gifts, except that income shall not include
Medicare benefits, MediCal benefits, gifts between members of the household, the receipt of
surplus food or other relief in kind supplied by a governmental agency.
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C. Any person claiming exemption Pursuant to this section may file a claim for
such exemption at any time in order to qualify for an exemption or until a current exemption is
scheduled to expire. An application for exemption or renewal shall be made upon forms
supplied by the Director and shall declare facts under penalty of perjury which qualify the
applicant for the exemption.
D. The Director shall review all applications for exemption of renewal, certify as
exempt those applicants who qualify, and notify all service suppliers affected that such
exemptions have been approved, stating the name of the exempt applicant, the account number
shown on the utility bill, the address to which exempt service is being supplied, and any other
information necessary for the service provider to remove the exempt service user from this tax
billing procedure. Upon receipt of notice from the Director, the service provider shall not be
required to collect any further tax imposed by this Chapter from such exempt service user until
further notice from the Director.
E. Each exemption shall expire twelve (12) months after the date it was issued or
on June 30th, whichever occurs earlier. The Director shall notify each service supplier to
resume collection of taxes on the accounts of those service users who have not applied for
renewal of their exempt status or whose applications for renewal have been denied. Upon
receipt of the written notification, these service suppliers shall resume such collection on those
accounts affected commencing with the first billing period beginning after the exemption
expires.
F. Notwithstanding any of the provisions of this section, any service supplier who
determines during any calendar year by any means readily available to it that a nonexempt
service user is receiving services through a meter or connection exempt by virtue of an
exemption issued to a previous user of the same meter or connection, the service supplier shall
forthwith resume the collection of taxes imposed by this Chapter upon the nonexempt service
user.
G. Any individual who has been exempted from the tax shall notify the Director
within ten (10) days of any change of address or any other change in fact or circumstance
which might disqualify that individual from receiving the exemption. If it is determined by the
Director that the individual is no longer qualified, the Director shall give notice to the service
Supplier who shall resume collection of the tax imposed by this Chapter commencing with the
next billing period. If the riser is entitled to exemption at a new address, the Director shall
notify affected service suppliers of that fact.
H. The Director may frorn time to time, demand evidence of continued eligibility
of a service user for exemption under the provisions of this section. Such evidence may
include copies of business records, letters or statements from the Social Security
Administration, copies of income tax returns, and other evidence concerning the service user
or members of his household which may tend to prove or disprove eligibility. Failure to
provide sufficient evidence to establish eligibility when requested by the Director shall be
grounds for denial or discontinuance of the service users' exemption, but evidence voluntarily
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provided to the Director may only be used as grounds for termination of the exemption and not
as evidence of violation of the provisions of this section.
1. If the Director determines that an application for exemption is faulty or
untruthful, the application shall be denied in writing and the applicant may file an amended
application or appeal the decision of the Director to the City Manger, whose decision shall be
final.
3.64.160 USE OF TAX REVENUES.
A. The tax revenues collected pursuant to this Chapter shall be used for the
following purposes:
Police
Substations $250,000
Multiple Enforcement Team (MET) 50,000
4-Officer Traffic Unit (with vehicles) 300,000
DARE Program 71,000
Volunteer Police Services 10,000
Crossing Guards 90,000
Vehicle Replacement (Annual Lease Payment) 50,000
Animal Control 50,000
Fire
Restore Paramedic Funding to General Fund 200,000
Disaster Preparedness 119,000
Cost Recovery Officer 75,000
New Ladder Truck (Annual Lease Payment) 175,000
Training 10,000
Public Works
Street Resurfacing 450,000
2 Tree Trimming Crews ($144,044 for contract trimming) 225,000
Park and Ballfield Lighting and Maintenance 150,000
Cemetery Maintenance 50,000
Litter Abatement/Graffiti Removal 30,000
Weed Control 40,000
Roof Repair-Police Dept/Fire Dept/City Hall 50,000
Parks - Centennial and Barton Ranch 25,000
Open Space-Zanja/San Timoteo Creek/
Live Oak Canyon/Santa Ana River 75,000
Administrative Services
Joslyn/Senior/Community Center Staffing 75,000
Youth Sports 25,000
Wading Pool/Senior Twinges in Hinges Program 17,000
Sports Complex Development 150,000
Library
Increase Services over Current Operating Levels 50,000
Library Books 50,000
CijyManager
Economic Development 30,000
Community Develoment
Code Enforcement Officer 50,000
The dollar amounts allocated herein to the respective categories of usage are estimates
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only, based upon the possible revenues generated by the taxes established by this Chapter
based upon estimates of utility usage in the City. To the extent revenues are generated by the
taxes which are lesser or greater than the estimated dollar amounts set forth herein, such
estimated dollar amounts shall be increased or decreased on a percentage basis,
proportionately.
3.64.170 EFFECTIVE DATE.
This Chapter shall become effective on the date the results of the election at
which the ordinance codified in this Chapter was presented to the voters of the City of
Redlands are certified in accordance with law, and the provisions of this Chapter shall end and
be of no further force or effect four (4) years after this Chapter's effective date. The taxes
imposed under this Chapter shall apply to charges appearing on bills rendered on or after such
effective date, or as soon thereafter as the respective service suppliers are physically and
mechanically able to get "on line" for the imposition of the taxes (within 30 days but not more
than 60 days after the effective date).
3.64.180 ACCOUNTABILITY
Each quarter of every year during which this Chapter is in effect, the City shall
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prepare and make available for public review an accounting of the revenues received by the
City as a result of imposition of the taxes described herein and the amount and purposes of the
expenditures made by City of the proceeds of such taxes,"
Section 2, If any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this Ordinance or the application thereof to any person or circumstance is for any
reason held to be invalid, such invalidity shall not affect the validity of the remaining portions
of this Ordinance. The People of Redlands hereby declare that they would have enacted each
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section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance
hereof, irrespective of the fact that any one section, subsection, subdivision, paragraph,
sentence, clause or phrase may be declared invalid and, to this end, the provisions of this
Ordinance are hereby declared to be severable.
Section 3. This Ordinance shall be in force and take effect as provided by law.
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Special Municipal Election
March 4, 1997
Measure I
(287 words) Measure "I"
Analysis by City Attorney*
Ordinance No. 2340, if approved by the voters. will impose a four percent (4%) special tax
on utility use within the City. The proceeds of the special tax must be used to fund thirty-one
specific,enumerated City services described in Ordinance No. 2340 under the categories of Police,
Fire, Public Works,Administrative Services, Library, City Manager and Community Development.
Imposition of the special tax will end four(4) years after the effective date of Ordinance No. 23140.
The special tax will be imposed on the use of telephone,cable television,electric and natural
gas services and will be collected on the utility providers' utility bills and will be paid by the utility
users. The special tax will be remitted to the utility provider, which in turn will make periodic
disbursements to the City. The City Council is obligated to make public quarterly reports each year
describing the revenues received from the special tax, and the amounts and purposes of the
expenditures made of the proceeds of the special tax.
Very low income persons and families may apply for an exemption from payment of the
special tax- These utility users must file yearly exemption claims with the City demonstrating the
basis for the exemption. Three institutional utility users, the Redlands Unified School District,
Redlands Community Hospital and the University of Redlands are subject to a maximum annual tax
of$30,000.
Ordinance No. 2340 will become effective upon a "yes" vote of two-thirds of the eligible
voters of the City of Redlands casting votes in this election.
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*Section 9280 of the Elections Code requires the City Attorney to prepare an impartial
analysis of measures appearing', on the ballot.
DJN42035LE
ARGUMENT IN FAVOR OF BALLOT MEASURE I
The City of Redlands needs your help!
In the past five years,the California State Assembly, by a variety of mechanisms,has removed over
$9,601,000 from our general fund budget. This has been done to balance the State budget at the
expense of ours.
For the past three years, the citizens of Redlands have been paying a four percent utility tax. A
partial list of the benefits we have received are as follows:
• Three community policing substations
• Two new fire engines
• Continued support of our school. DARE program.
• Creation of paramedic unit at Fire Station #2.
a Activated a functioning disaster preparedness program.
0 Added a second tree trimming crew to maintain the 60,000 street trees in Redlands.
0 Re-surfaced streets in the past three years exceed thirteen miles.
# Purchased four new black and white patrol cars.
• Hired part-time library clerk.
Without your continued support most of the funding for these services will probably disappear,
S1%'1296
A twenty-five member citizens tax advisor- committee has carefully reviewed our City concerns.
They unanimously agreed to support the ballot measure before you and the 4% tax rate and the
revenue allocations as.outlined on Ordinance No. 2340. A low income provision is included that
will exempt families earning less than $15,000 annually.
A City left to decline can never recover, and property values go down. Let all of us, as citizens.,
demonstrate the pride we have in Redlands-the Smiley Library, Redlands Bowl,Lincoln Shrine and
our 108 years of heritage. Let us recognize that the responsibility for the maintenance of this
heritage and an acceptable level of public safety is now ours.
(278 words)
SL 12-96
STATEMENT TO BE FILED BY AUTHOR(S) OF ARGUMENT
All arguments concerning measures filed pursuant to Division 9, Chapter 3 (beginning with
Section 9200) of the California Elections Code shall be accompanied by the following form
statement to be signed by each proponent and by each author, if different, of the argument:
The undersigned proponent(s) or author(s) of the primary argument in favor of
the ballot measure relating to the Utility User's Tax at the Special Municipal
election for the City of Redlands to be held on March 4, 1997, hereby state
that such argument is true and correct to the best of his/her/their knowledge and
belief.
SignaDate
Print Name S")"5/
Signature Date /A '/ 9
Print Name 1-r77-
Signature Date
Print Namea/4ff�97c'
Signature Date
Print Name
Sicrnatur
Date L5Z
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