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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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included in commodity charges); and (3) capacity or demand charges, service charges, <br />marketing charges, administrative charges, transition charges, customer charges, minimum <br />charges, annual and monthly charges, and any other charges for gas services or programs, <br />which are authorized by the California Public Utilities Commission or the Federal Energy <br />Regulatory Commission. <br />The "cost of gas owned by the service user" shall include the actual costs attributed to <br />drilling, production, lifting, storage, gathering, trunkline, pipeline, and other operating costs <br />associated with the production and delivery of such gas. "Charges" shall also include the <br />value of any other services, credits, property of every kind or nature, or other consideration <br />provided by the service user in exchange for the gas or services related to the delivery of <br />such gas. <br />(c) The Tax Administrator, from time to time, may survey the gas service suppliers to <br />identify the various unbundled billing components of gas retail service that they commonly <br />provide to residential and commerciaUindustrial customers in the City, and the charges <br />therefor, including those items that are mandated by state or federal regulatory agencies as a <br />condition of providing such gas service. The Tax Administrator, thereafter, may issue and <br />disseminate to such gas service suppliers an administrative ruling identifying those <br />components and items which are: i) necessary or common to the receipt, use or enjoyment of <br />gas service; or, ii) currently, or historically have been, included in a single or bundled rate for <br />gas service by a local distribution company to a class of retail customers. Charges for such <br />components and items shall be subject to the tax of subsection (a) above. <br />(d) The tax that is calculated on charges for gas provided by self-production or by a non- <br />utility supplier not under the jurisdiction of this chapter shall be collected and remitted in the <br />manner set forth in Section 2-4-215. The amount of tax collected in one month shall be <br />remitted to the Tax Administrator, and must be received by the Tax Administrator on or <br />before the last day of the following month; or, at the option of the person required to collect <br />or remit the tax, such person shall remit an estimated amount of tax measured by the tax <br />billed in the previous month or upon the payment pattern of the service user, which must be <br />received by the Tax Administrator on or before the last day of the following month, provided <br />that the service user shall submit an adjusted payment or request for credit, as appropriate, <br />within sixty (60) days following each calendar quarter. The credit, if approved by the Tax <br />Administrator, maybe applied against any subsequent tax bill that becomes due. <br />Section 7. Section 2-4-215 SERVICE USERS RECEIVING DIRECT PURCHASE OF GAS <br />OR ELECTRICITY of the San Leandro Municipal Code is hereby amended to read as follows: <br />(a) Any service user subject to the tax imposed by Sections 2-4-205 and 2-4-210 hereof, <br />which produces gas or electricity for self-use, or which receives gas or electricity directly <br />from anon-utility supplier not under the jurisdiction of this chapter, or which otherwise is not <br />having the full tax due on the use of gas or electricity in the City that is directly billed and <br />collected by the service supplier or its billing agent, shall report said fact to the Tax <br />Administrator and shall remit the tax due directly to the Tax Administrator within thirty (30) <br />days of such use. In lieu of paying said actual tax, the service user may, at its option, remit to <br />ORDINANCE NO. 2004-014 g <br />
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