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Ord 2004-014
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Ord 2004-014
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Ordinance
Document Date (6)
7/6/2004
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electricity services or programs, which are authorized by the City Council, the California <br />Public Utilities Commission or the Federal Energy Regulatory Commission, whether or not <br />such charges appear on a bundled or line item basis on the customer billing. "Charges" shall <br />also include the value of any other services, credits, property of every kind or nature, or other <br />consideration provided by the service user in exchange for the electricity or services related <br />to the provision of such electricity. <br />(d) The Tax Administrator, from time to time, may survey the electric service suppliers to <br />identify the various unbundled billing components of electric retail service that they <br />commonly provide to residential and commerciaUindustrial customers in the City, and the <br />charges therefor, including those items that are mandated by state or federal regulatory <br />agencies as a condition of providing such electric service. The Tax Administrator, thereafter, <br />may issue and disseminate to such electric service suppliers an administrative ruling <br />identifying those components and items which are: i) necessary or common to the receipt, <br />use or enjoyment of electric service; or, ii) currently, or historically have been, included in a <br />single or bundled rate for electric service by a local distribution company to a class of retail <br />customers. Charges for such components and items shall be subject to the tax of subsection <br />(a) above. <br />(e) The tax on electricity provided by self-production or by anon-utility supplier or an <br />electric utility not under the jurisdiction of this Chapter shall be collected and remitted in the <br />manner set forth in Section 2-4-215. All other taxes on charges for electricity imposed by this <br />section shall be collected from the service user by the electric service supplier or its billing <br />agent. The amount of the tax collected in one month shall be remitted to the Tax <br />Administrator on or before the last day of the following month or, at the option of the person <br />required to collect or remit the tax, such person shall remit an estimated amount of the tax <br />measured by the tax billed in the previous month or upon the payment pattern of the service <br />user, which must be received by the Tax Administrator on or before the last day of the <br />following month, provided that the service user shall submit an adjusted payment or request <br />for credit, as appropriate, within sixty (60) days following each calendar quarter. The credit, <br />if approved by the Tax Administrator, maybe applied against any subsequent tax bill that <br />becomes due. <br />Section 6. Section 2-~-210 GAS USERS TAX (a), (c) & (d) of the San Leandro Municipal Code <br />are hereby amended to read as follows: <br />(a) There is hereby imposed a tax upon every person using gas in the City, which is <br />transported and delivered through a pipeline distribution system. The tax imposed by this <br />section shall be at the rate of six (6%) percent of the charges made for such gas, including all <br />services related to the storage, transportation and delivery of such gas, and shall be paid by <br />the person using such gas; provided, however, that the tax shall not apply to any charges for <br />gas storage services when the service provider cannot, as a practical matter, determine the <br />location where such stored gas is ultimately used. "Charges" as used in this section shall <br />include: (1) the commodity charges for purchased gas, or the cost of gas owned by the <br />service user, which is delivered through a gas pipeline distribution system or by mobile <br />transport; (2) gas transportation charges (including interstate charges to the extent not <br />ORDINANCE NO. 2004-014 7 <br />
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