HomeMy WebLinkAboutORD 1053ORD 1053 $Í ;¢f4 À ORD 1053 AUG 7 1991½Uæ;8 ORDINANCE NO. 1053
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK AMENDING CERTAIN
PROVISIONS OF CHAPTER 3.32 UTILITY USERS'
TAX) OF THE BALDWIN PARK MUNICIPAL CODE
WHEREAS, chapter 3.32 of the Baldwin Park Municipal Code
provides for a utility users' tax; and
WHEREAS, Chapter 3.32 includes provisions relating to
a telephone user's tax and also provides for certain exemptions
from such taxation; and
WHEREAS, the City Council desires to amend the existing
code provisions to update certain of the code provisions, make
certain changes to more equitably distribute the tax, and to
collect the tax on telephone usage whether such usage is
intrastate or interstate.
NOW, THEREFORE, the City Council of the City of Baldwin
Park ordains as follows:
Section 1. The first sentence of Subsection A of
Section 3.32.070 of Chapter 3.32 of the Baldwin Park Municipal
Code is hereby deleted and replaced with the following:
Any service user shall be eligible for
an exemption from the taxes imposed by this
chapter if 1) 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 2) the annual
gross income of all persons in the household
in which such individual resides is less than
the annual amount prescribed by resolution of
the City Council.
Section 2. The first sentence of Subsection A of
Section 3.32.080 of Chapter 3.32 of the Baldwin Park Municipal
Code is hereby deleted and replaced with the following.
There is imposed a tax upon every person
in the city, other than the city and any
telephone corporation, using intrastate and/or
interstate telephone communication services
in the city.
Section 3. Subsection C of Section 3.32.080 of Chapter
3.32 of the Baldwin Park Municipal Code is hereby deleted and
replaced with the following:
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 and/or
interstate 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 2, Part 20 of the
California Revenue and Taxation Code or the
tax imposed under Section 4251 of the Internal
Revenue Code.
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PAGE TWO
Section 4. Section 3.32.210 Suspension of Tax) of
Chapter 3.32 of the Baldwin Park Municipal Code is hereby deleted
and replaced with the following:
Commencing immediately, all utility user
taxes imposed pursuant to this Chapter, in
excess of three percent 3%) of the charges
made for such utility services, shall be
suspended.
Section 5. if any provision of this Ordinance or the
application thereof to any person or circumstance is held invalid,
the remainder of this Ordinance and tile application of such
provision to other persons or circumstances shall not be affected
thereby. Further, should any provision of this Ordinance be held
invalid, such invalid portion shall be severable from the valid
portion of this Ordinance and such valid portion shall remain in
full force and effect.
Section 6. This Ordinance is for the purpose of
raising revenue for the general fund of the City, to be utilized
for general governmental purposes. It is an ordinance relating
to taxes, and is for the purpose of meeting the usual and current
expenses of the City. It shall be effective immediately upon
passage, pursuant to California Government Code Section 36937(d).
Section 7. The City Clerk shall certify to the passage
of this Ordinance and cause the same to be published as required
by law.
PASSED, APPROVED, AND ADOPTED this 7th day of August
1991.
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PAGE Three
STATE OF CALIFORNIA 1)
COUNTY OF LOS ANGELES) ss.
CITY OF BALDWIN PARK)
1, LINDA L. GAIR, City Clerk of the City of Baldwin
Park, do hereby certify that the foregoing Ordinance was
regularly introduced and placed upon its first reading at a
REGULAR MEETING of the City Council on the 17th day of July, 1991.
That, thereafter, said Ordinance was duly approved and adopted at
a REGULAR MEETING of the Baldwin Park City Council on the 7th day
of August 1991, by the following vote:
AYES: COUNCILMEN IZELL,GALLEGOS,MAYOR PRO TEM MCNEILL
NOES: COUNCILMEN KEYSER
ABSENT: COUNCILMEN MAYOR LOWES
ABSTAIN: COUNCILMEN NONE
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