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HomeMy WebLinkAboutORD 908ORD 908pT3(Ììâ3 ORDINANCE NO. 908 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING TITLE 3 OF THE BALDWIN PARK MUNICIPAL CODE BY ADDING CHAPTER 3.32 RELATING TO UTILITY USERS TAX THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. That Chapter 3.32, Sections 3.32.010 through 3.32.200 inclusive, is hereby added to the Municipal Code to read as follows: 3.32 Utility Users Tax 3.32.010. Title. This Chapter shall be known as the Utility Users Tax Ordinance" of the City. 3.32.020 Authority and Purpose. This Chapter is adopted pursuant to the provisions of California Government Code Section 37100,5 and other applicable law for the purpose of providing general municipal revenues to be used for general municipal purposes. 3.32.030 Tax Imposed. There is hereby imposed an annual utility tax in the amounts and as provided in this Chapter to raise revenues for the general governmental purposes of the City. 3.32.040 Definitions. For the purposes of this Chapter, unless otherwise apparent from the context, certain words and phrases used in this Chapter are defined as follows: A. City" shall mean the City of Baldwin Park. B. Month" shall mean a calendar month. C. Person" shall mean any domestic or foreign corporation, firm, association, syndicate, j oint stock company, partnership of any kind, joint venture, club, Massachusetts business or common-law trust, society, individual, or municipal corporation. D. Service Supplier" shall mean a person required to collect and remit a tax under the provisions of this Chapter. E. Service User" shall mean a person required to pay a tax imposed by this Chapter; service user" shall not mean or include any public entity. F. Tax Administrator" shall mean the city Manager of the City or his designee. G. Telephone corporation," electrical corporation," gas corporation," water corporation," and cable television corporation" shall have the same meanings as defined in Sections 234, 218, 241 and 215-5, respectively, of the Public Utilities Code of the State of California as said sections existed on June 1, 1985. Electrical corporation" and water corporation" shall be construed to include any organization, municipality or agency engaged in the selling or supplying of electrical power or water, respectively, to a service user. H. Utility Tax Year" shall mean the fiscal year provided that the initial utility tax year shall be the effective date of this Chapter through June 30, 1986, inclusive. BIB] 37971-U01 ORD-U02 908-U02 LI2-U03 FO4404-U03 FO33427-U03 DO33692-U03 C5-U03 ORDINANCES-U03 12/16/2003-U04 ROBIN-U04 ORD 908pT3(Ììâ3 Ordinance No. 908 Page 2 3.32.050 Constitutional Exemptions. Nothing in this Chapter shall be construed as imposing a tax upon any person when imposition of such tax upon such person would be in violation of the Constitution of the United States or the Constitution of the State of California, or any valid statute or regulation of either the United States or the State of California, or any of their respective agencies. The Tax Administrator, with the advice of the City Attorney, shall review each application for exemption under this Section and allow such exemption if warranted. 3.32.060 PUC Jurisdiction. Nothing contained in this Chapter is intended to conflict with applicable rules, regulations, and tariffs of any service supplier subject to the jurisdiction of the California Public Utilities Commission. In the event of any conflict, the provisions of said rules, regulations, and tariffs shall control. 3.32.070 Exemption for Seniors, Handicapped, and Low Income Residents.A".Any service user shall be eligible for an exemption from the taxes imposed by this Chapter if 1) he or she is sixty-two 62) years of age or older; and/or 2) he or she is certified as meeting the criteria of disability as established by the Social Security Administration for Supplemental Income for the Aged, Blind or Disabled; and/or 3) the annual gross income of ail persons in the household in which such individual resides is less than the annual amount prescribed by Resolution of the City Council. B. As used herein, gross annual income" shall mean any and all income regardless of source. C. The exemption granted by this Section shall not eliminate the duty of the service supplier of collecting taxes from such exempt individuals, or the duty of such exempt individuals from paying such taxes to the service supplier, unless an exemption is applied for by the service user and granted in accordance with the provisions of this Section. D. Any service user who qualifies for an exemption from the taxes imposed by this Chapter because of the provisions of Subsection A above may file an application with the Tax Administrator for an exemption at any time. Such application shall be verified by declaration under penalty of perjury and shall contain such information as may be required by the Tax Administrator. E. The Tax Administrator shall review all such applications and shall certify the applicant as exempt if the eligibility requirements for Subsection A are met, except that no exemption shall be granted to an applicant who is receiving service from a service supplier through a master meter, or who is sharing or prorating service with other service users even though such service users qualify under the provisions of Subsection A, and no exemption shall be granted with respect to any tax imposed by this Chapter which is or has been paid by a public agency or where the applicant receives funds from a public agency specifically for the payment of such tax. F. If an applicant is certified as exempt, the Tax Administrator shall promptly transmit the following information to the service supplier: 1) name of the exempt applicant; 2) account number shown on utility bill; 3) address to which exempt service is being BIB] 37971-U01 ORD-U02 908-U02 LI2-U03 FO4404-U03 FO33427-U03 DO33692-U03 C5-U03 ORDINANCES-U03 12/16/2003-U04 ROBIN-U04 ORD 908pT3(Ììâ3 Ordinance No. 908 Page 3 supplied; and 4) any other information as may be necessary for the service supplier to remove the exempt service user from its tax billing procedure. G. Upon receipt of such notice, the service supplier shall not be required to continue to bill any further tax imposed by this Chapter from such exempt service user, until further notice by the Tax Administrator is given. The service supplier shall eliminate such exempt service user from its tax billing procedure no later than sixty 60) days after receipt of such notice from the Tax Administrator. H. If the Tax Administrator determines that an application for exemption is faulty, or that the applicant has failed to truthfully set forth the facts contained therein, application for the exemption shall be denied in writing to the applicant. The applicant shall have ten 10) days thereafter in which to file an amended application for exemption. Upon receipt of such amended application the Tax Administrator shall determine whether the requirements for exemption have been met and shall notify applicant in writing of such determination. I. The Tax Administrator shall notify the service suppliers of the termination of any person's right to exemption hereunder, or the change of any address to which service is supplied to any exempt person. J. Taxes billed by the service supplier to the service user prior to removing the service user from its tax billing procedures shall be collected from the service user, and the service user shall pay such taxes to the service supplier. Taxes billed to and paid by the service user between the time that the application for exemption is filed and the service supplier removes the service user from its taxing procedure will not be refunded to the service user. K. Exemptions certified by the Tax Administrator shall continue so long as the facts supporting the qualification for exemption shall exist; provided, however, that the exemption shall automatically terminate with any change in the service address or residence of the exempt individual, or assignment of a different account number by the service supplier because of discontinuance or suspension of service at the request of the service user; and provided further, that such individual may nevertheless apply for a new exemption with each change of address or residence. L. The Tax Administrator shall have the power and right to demand evidence of continued eligibility of a service user for exemption under the provisions of this Section. Such evidence may include, but need not be limited to, copies of business records, letters or statement from the Social Security Administration, copies of income tax returns, and such other evidence concerning the service user or other members of his household as may tend to prove or disprove such eligibility. Failure to provide such evidence as is within the control of a service user to so provide, either directly by him or by his consent or the consent of a member of his household when such evidence is requested of the service user in writing by the Tax Administrator, shall be grounds for the immediate discontinuance of the service user's eligibility for exemption under the provisions of this Section. Evidence provided to the Tax Administrator upon request, or voluntarily provided by the service user without request, may not be used against such service BIB] 37971-U01 ORD-U02 908-U02 LI2-U03 FO4404-U03 FO33427-U03 DO33692-U03 C5-U03 ORDINANCES-U03 12/16/2003-U04 ROBIN-U04 ORD 908pT3(Ììâ3 Ordinance No. 908 Page 4 user as evidence of violation of the provisions of this Section; such evidence may only be used as grounds for termination of the exemption herein provided. M. Any service user who has been exempted under this Section shall notify the Tax Administrator within ten 10) days of any change in fact or circumstance which might disqualify said individual from receiving such exemption. It shall be a misdemeanor for any person to knowingly receive the benefits of the exemption provided by this Section when the basis for such exemption does not exist or ceases to exist. N. Notwithstanding any of the provisions hereof, if the Tax Administrator is notified from any source that a new or nonexempt service user is receiving service through a meter or connection exempt by virtue of an exemption issued to a previous user or exempt user of the same meter or connection, the Tax Administrator shall conduct an investigation to ascertain whether or not the provisions of this Section have been complied with and, where appropriate, order the service supplier to commence collecting the tax from the nonexempt service user. 0. The service supplier is authorized to bill the tax imposed by this Chapter to any new user or to any account whose name has been changed, other than by correcting a spelling error or other similar clerical error, until the supplier receives notification of exemption as provided in Subsection F above. Thereupon, the supplier shall cease billing the exempt user for the tax within 60 days as provided in Subsection G above. 3.32.080 Telephone Users Tax. A. There is hereby imposed a tax upon every person in the City, other than the City and any telephone corporation, using intrastate telephone communication services in the City. The tax imposed by this Section shall be at the rate of five percent 5%) 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 that where such coin-operated telephone service is furnished for a guaranteed amount, the amounts paid under such guarantee plus any fixed monthly or 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 supplier subject to Public Utilities 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 Utilities regulation; nor shall the term 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, as such section existed on June 1, 1985. The term telephone communication service" 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 telephone system. C. Notwithstanding the provisions of Subsection A, the tax imposed under this Section shall not be BIB] 37971-U01 ORD-U02 908-U02 LI2-U03 FO4404-U03 FO33427-U03 DO33692-U03 C5-U03 ORDINANCES-U03 12/16/2003-U04 ROBIN-U04 ORD 908pT3(Ììâ3 Ordinance No. 908 Page 5 imposed upon any person for using intrastate telephone communication services to the extent that the amounts paid for such sjervices are exempt from or not subject to the tax imposed under Division 3, Part 20 of the California Revenue and Taxation Code or the tax imposed under Section 4251 of the Internal Revenue Code. D. The telephone users tax imposed by this Section 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. The situs shall be the service address, if it exists; otherwise, the billing address. However, in recognition that carriers and/or resellers may have to adopt new procedures to determine the service address in every case, carriers and/or resellers may use the billing address as the situs if the service address is not known, until the end of calendar year 1986. Notwithstanding the above, by January 1, 1987, the carrier or reseller shall have the responsibility to determine service address, if it exists. E. 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 the tax collected in one month shall be remitted to the Tax Administrator on or before the last 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 billed in the previous month, shall be remitted to the Tax Administrator on or before the last day of each month. 3.32.090 Electricity Users Tax. A. There is hereby imposed a tax upon every person in the City using electrical energy in the City, except the City. The tax imposed by this Section shall be at the rate of five percent 5%) of the charges made for such energy for each service user, 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 service, including but not limited to customer charges, service charges, demand charges, standby charges and annual and monthly charges, fuel, and cost adjustments. B. As used in this Section, the term using electrical energy" shall not be construed to mean the storage of such energy by a person in a battery owned or possessed by him for use in an automobile or other machinery or device apart from the premises upon which the energy was received, provided however, that the term shall include the receiving of such energy for the purpose of using it in the charging of batteries? nor shall the term include electricity used and consumed by an electric utility supplier in the conduct of its business as an electric public utility? nor shall the term include the mere receiving of such energy by an electric public utility or governmental agency at a point within the City for resale? nor the use of such energy in the production or distribution of water by a public utility or a governmental agency. C. The tax imposed under this Section shall be collected from the service user by the person supplying such energy. The amount of tax collected in one month shall be remitted to the Tax Administrator on or before BIB] 37971-U01 ORD-U02 908-U02 LI2-U03 FO4404-U03 FO33427-U03 DO33692-U03 C5-U03 ORDINANCES-U03 12/16/2003-U04 ROBIN-U04 ORD 908pT3(Ììâ3 Ordinance No. 908 Page 6 the last day of the following month. Remittance of tax may be predicated on a formula based upon the payment pattern of the supplier's customers. 3.32.100 Gas Users Tax, A. There is hereby imposed a tax upon every person in the City, other than the City or a gas corporation or electrical corporation, using in the City gas which is delivered through mains and pipes. The tax imposed by this Section shall be at the rate of five percent 5%) of the charges made for such gas for each service user, and shall be paid by the person paying for such gas. Charges" as used in this Section shall include 1) gas which is delivered through mains or pipes; and 2) minimum charges for such services, including customer charges, service charges, and annual and monthly charges. B. There shall be excluded from the base on which the tax imposed in this Section is computed: 1) charges made for gas which is to be resold and delivered through mains or pipes; 2) charges made for gas sold for use in the generation of electrical energy or for the production or distribution of water by a public utility or governmental agency; 3) charges made by a gas public utility for gas used and consumed in the conduct of the business of gas public utilities; and 4) charges made for gas used in the propulsion of a motor vehicle, as that phrase is defined in the Vehicle Code of the State of California, utilizing natural gas. C. The tax imposed in this Section shall be collected from the service user by the person selling the gas. The person selling the gas shall, on or before the 20th of each calendar month, make a return to the Tax Administrator stating the amount of taxes billed during the preceding calendar month. At the time such returns are filed, the person selling the gas shall remit tax payments to the Tax Administrator in accordance with schedules established or approved by the Tax Administrator. D. 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. 3.32.110 Water Users Tax. A. There is hereby imposed a tax upon every person in the City, except the City, using water which is delivered through mains or pipes. The tax imposed by this Section shall be at the rate of five percent 5%) of the charges made for such water for each service user and shall be paid by the person paying for such water. Charges," as used in this Section, shall include charges made for water which is delivered through mains or pipes; and 2) minimum charges for service, including but not limited to customer charges, service charges, demand charges, standby charges and annual and monthly charges, fuel, and cost adjustments. B. There shall be excluded from the base on which the tax imposed in this Section is computed charges made for water which is to be resold and delivered through mains or pipes; and charges made by a municipal water department, public utility or county or municipal water district for water used and consumed by such department, utility or district. C. The tax imposed in this Section shall be BIB] 37971-U01 ORD-U02 908-U02 LI2-U03 FO4404-U03 FO33427-U03 DO33692-U03 C5-U03 ORDINANCES-U03 12/16/2003-U04 ROBIN-U04 ORD 908pT3(Ììâ3 Ordinance No. 908 Page 7 collected from the service user by the person supplying the water. The amount collected in one month shall be remitted to the Tax Administrator on or before the last 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 to the Tax Administrator on or before the last day of each month. Remittance of tax may be predicated on a formula based on the payment pattern of the supplier's customers. 3.32.120 Cable Television Users Tax. A. There is hereby imposed a tax upon every person in the City, except the City, using cable television service. The tax imposed by this Section shall be at the rate of five percent 5%) of the charges made for such service and shall be paid by the person paying for such service. B. The tax imposed in this Section shall be collected from the service user by the person furnishing the cable television service. The amount collected in one month shall be remitted to the Tax Administrator on or before the last day of the following month. 3.32.130 TWX Teletypewriter Tax. There is hereby imposed a tax on every person in this City, except the City, using intrastate TWX teletypewriter services in the City. The tax imposed by this Section shall be at the rate of five percent 5%) of all charges made for such services and shall be paid by the person paying for such services. The amount collected in one month shall be remitted to the Tax Administrator on or before the last day of the following month. 3.32.140 Duty to Collect—Procedures. A. Every person receiving payment of charges from a service user shall collect the amount of tax imposed by this Chapter from the service user. B. The tax shall be collected insofar as practicable at the same time as and along with the collection of charges made in accordance with the regular billing practice of the service supplier. If the amount paid by a service user is less than the full amount of the charge and tax which has accrued for the billing period, a proportionate share of both the charge and the tax shall be deemed to have been paid except in those cases where a service user pays the full amount of the charge but notifies the service supplier of his refusal to pay the tax imposed on said charges. C. The duty to collect 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 normally included in such regular billing are subject to the provisions of this Chapter or as soon thereafter as the respective utilities are physically and mechanically able to get on line" for the imposition of the charges. Where a person receives more than one billing, one or more being for different periods than another, the duty to collect shall arise separately for each billing period. 3.32.150 Reporting and Remitting. Each month the service supplier shall remit taxes to the Tax Administrator in accordance with the provisions of BIB] 37971-U01 ORD-U02 908-U02 LI2-U03 FO4404-U03 FO33427-U03 DO33692-U03 C5-U03 ORDINANCES-U03 12/16/2003-U04 ROBIN-U04 ORD 908pT3(Ììâ3 Ordinance No. 908 Page 8 Subsection 3.32.080(E), 3.32.090(C), 3.32.100(C), 3.32.110(C), 3.32.120(B) or 3.32.130 hereinabove. At such time the service supplier shall also make a return to the Tax Administrator, on forms provided by him, stating the amount of taxes billed, and the amount of taxes collected, by the service supplier for the period to which the remittance applies. The Tax Administrator is authorized to require such further information as he deems necessary to properly determine if the tax here imposed is being levied and collected in accordance with this Chapter. Returns and remittances are due immediately upon cessation of business for any reason. 3.32.160 Failure to Remit Tax Collected; Penalties. A. Taxes collected from a service user which are not remitted to the Tax Administrator on or before the due dates provided in this Chapter are delinquent. B. Penalties for delinquency in remittance of any tax collected shall attach to and be paid by the person required to collect and remit at the rate of fifteen percent 15%) of the total tax collected and not remitted on or before the due dates provided in this Chapter. C. The Tax Administrator shall have the power to impose additional penalties upon persons required to collect and remit taxes under the provisions of this Chapter for fraud or negligence in reporting or remitting at the rate of fifteen percent 15%) of the amount of tax collected or as recomputed by the Tax Administrator. D. Every penalty imposed under the provisions of this Section shall become a part of the tax required to be remitted. 3.32.170 Failure to Pay Tax; Penalty. A. Whenever the Tax Administrator determines that a service user has deliberately withheld the amount of the tax owed by him from the amounts remitted to a service supplier, or that a service user has failed to pay the amount of the tax for a period of two 2) or more billing periods, or whenever the Tax Administrator deems it in the best interest of the City, he may relieve the service supplier of the obligation to collect taxes due under this Chapter for certain named service users for specified billing periods. B. The service supplier shall provide the City with amounts refused along with the names, addresses and reasons of the service users' refusing to pay the tax imposed under the provisions of this Chapter. C. The Tax Administrator shall notify the service user that he has assumed responsibility to collect the taxes due for the stated periods and demand payment of such taxes. The notice shall be served on the service user by handing it to him personally or by deposit of the notice in the United States mail, postage prepaid thereon, addressed to the service user at the address to which billing was made by the service supplier; or should the service user have changed his address, to his last known address. If a service user fails to remit the tax to the Tax Administrator within fifteen 15) days from the date of the service of the notice upon him, which shall be the date of mailing if service is not accomplished in person, a penalty of twenty-five 25%) of the amount of the tax sert forth in the notice shall be imposed, but not less than Five Dollars BIB] 37971-U01 ORD-U02 908-U02 LI2-U03 FO4404-U03 FO33427-U03 DO33692-U03 C5-U03 ORDINANCES-U03 12/16/2003-U04 ROBIN-U04 ORD 908pT3(Ììâ3 Ordinance No, 908 Page 9 $5.00). The penalty shall become part of the tax herein required to be paid. 3.32.180 Records. It shall be the duty of every person required to collect and remit to the City any tax imposed by this Chapter to keep and preserve, for the period of three years, all records as may be necessary to determine the amount of such tax as he may have been liable for the collection of and remittance to the Tax Administrator, which records the Tax Administrator shall have the right to inspect at all reasonable times. 3.32.190 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 City under this Chapter, it may be refunded as provided in Subsections B and C of this Section provided a claim in writing therefor, stating under penalty of perjury the specific grounds under which the claim is founded, is filed with the Tax Administrator within three 3) years of the date of payment. The claim shall be on forms furnished by the Tax Administrator. B. A service supplier may claim a refund against taxes collected and remitted in an amount overpaid, paid more than once or erroneously or illegally collected or received, when it is established in a manner prescribed by the Tax Administrator that the service user from whom the tax has been collected did not owe the tax? provided, however, that neither a refund nor 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. 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. Any service user may obtain a refund of taxes overpaid, or paid more than once, or erroneously or illegally collected or received by the City, by filing a claim in the manner provided in Subsection A of this Section, but only when the service supplier establishes to the satisfaction of the Tax Administrator that the service user has been unable to obtain a refund from the service supplier who collected the tax. E. Notwithstanding any other provisions of this Chapter, 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 taxes paid pursuant to this Chapter on the amount of such refunded charges shall also be refunded to service users by the service supplier, and the service supplier shall be entitled to claim a credit for such refunded taxes against the amount of tax which is due upon the next monthly return. In the event the ordinance enacting this Chapter is repealed, the amount of any refundable taxes will be borne by the City; provided, however, the same have been remitted to the City by the service supplier and have been received by the City. 3.32.200 Additional Power and Duties of the Tax Administrator. A. The Tax Administrator shall have BIB] 37971-U01 ORD-U02 908-U02 LI2-U03 FO4404-U03 FO33427-U03 DO33692-U03 C5-U03 ORDINANCES-U03 12/16/2003-U04 ROBIN-U04 ORD 908pT3(Ììâ3 Ordinance No. 908 Page 10 the power and duty, and is hereby directed, to enforce each and all of the provisions of this Chapter. B. The Tax Administrator shall have the power to adopt rules and regulations not inconsistent with provisions of this Chapter for the purpose of carrying out and enforcing the payment, collection, and remittance of the taxes herein imposed. C. The Tax Administrator may make administrative agreements to vary the strict requirements of this Chapter so that collection of any tax imposed here 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 Tax Administrator's Office. D. The Tax Administrator shall determine the eligibility of any person who asserts a right to exemption from the tax imposed by this Chapter. The Tax Administrator shall provide the service supplier with the name of any person who the Tax Administrator determines is exempt from the tax imposed hereby, together with the address and account number to which service is supplied to any such exempt person. The Tax Administrator shall notify the service supplier of the termination of any person's right to exemption hereunder or the change of any address to which service is supplied to exempted person." SECTION 2. That 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, such decision shall not affect the validity of the remaining portion 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 one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional. SECTION 3. That the City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. APPROVED and ADOPTED this 21st day of August, 1985. ATTEST: EXNDA L. G^I-R, CITY CLERK BIB] 37971-U01 ORD-U02 908-U02 LI2-U03 FO4404-U03 FO33427-U03 DO33692-U03 C5-U03 ORDINANCES-U03 12/16/2003-U04 ROBIN-U04 ORD 908pT3(Ììâ3 Ordinance No. 908 Page 11 STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS: CITY OF BALDWIN PARK I, LINDA L. GAIR, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. 908 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 7th day of August, 1985. That, thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on the 21st day of August, 1985, by the following vote: AYES: COUNCILMEN IZELL, McNEILL, GIBSON AND MAHOR WHITE NOES: COUNCILMEN NONE ABSENT: COUNCILMEN KING TANDA L. GMR, CITY CLERK BIB] 37971-U01 ORD-U02 908-U02 LI2-U03 FO4404-U03 FO33427-U03 DO33692-U03 C5-U03 ORDINANCES-U03 12/16/2003-U04 ROBIN-U04