ORDINANCE 1135ORDINANCE NO. 1135
AN ORDINANCE OF THt CITY COUNCIL OF THE CITY
OF EL SEGUNDO, CALIFORNIA AMENDING SECTION
3.24.010 AND ADDING SECTION 3.24.035 TO
CHAPTER 3.24 TITLE 3 OF THE EL SEGUNDO
MUNICIPAL CODE TO PROVIDE THAT BUSINESSES
WHICH ARE ELECTRICAL COGENERATORS SHALL BE
SUBJECT TO CHAPTER 3.24
WHEREAS, a Utility Users Tax is contained in Chapter 3.24 of
the E1 Segundo Municipal Code; and
WHEREAS, it is in the best interest of the City to amend said
Utility Users Tax to eliminate selected exemptions;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO
DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 3.24.010 of Chapter 3.24 of the E1 Segundo
Municipal Code is hereby amended in its entirety to read as
follows:
3.24.010 DEFINITIONS. The following words and phrases
whenever used in this chapter shall be construed as defined in this
section.
(a) "Person" shall mean any commercial or industrial utility
user conducting business as described in Chapter 5.08, Business
License Schedule, Sections: 5.08.020, 5.08.078, 5.08.080, 5.08.090,
5.08.140, 5.08.150, 5.08.170, 5.08.180, 5.08.190, 5.08.195,
5.08.220, 5.08.236, 5.08.240, 5.08.360, 5.08.370, 5.08.420,
5.08.440, 5.08.490, 5.08.510, 5.08.520, 5.08.570, 5.08.580,
5.08.585, 5.08.590, 5.08.600, 5.08.640, 5.08.665, and 5.08.670, of
the El Segundo Municipal Code; and shall mean "electrical
corporation," "gas corporation," and "water corporation."
(b) "Electrical corporation ", "gas corporation ", and "water
corporation" shall have the same meaning as defined in Section 218,
222 and 241 respectively, of the Public Utilities Code of the State
of California as said sections existed on January 1, 1975, except
"electrical corporation ", shall be construed to include any
municipality, franchised agency, or cogenerator.
(c) "Tax administrator" shall mean the finance director of the
City of E1 Segundo.
(d) "Service supplier" shall mean any entity which receives
taxes paid and remits same as imposed by this chapter.
(e) "Service user" shall mean a person required to pay a tax
imposed by this chapter.
(f) "Month" shall mean a calendar month.
(g) " Cogenerator" shall mean any corporation, including an
electrical corporation, or person employing cogeneration technology
for producing power from other than a conventional power source for
the generation of electricity.
SECTION 2. Chapter 3.24 of the El Segundo Municipal Code is
hereby amended by adding section 3.24.035 which shall read as fol-
lows:
3.24.035 TAX ON COGENERATED ELECTRICITY. (a) There is hereby
imposed a tax on every person in the City using cogenerated
electrical energy in the City. The tax imposed by this section
shall be at the rate of two percent (2%) of the value of the
cogenerated energy. The value shall be equal to the price an
electrical corporation, serving the City, would pay to purchase
-1- JOA:0- 032889.CA3
electrical energy from a cogenerator. The cogenerator shall
install and maintain an appropriate utility -type metering system
which will enable compliance with this section.
(b) The tax shall be collected and paid by the cogenerator if
the cogenerator consumes the energy. If the cogenerator sells the
energy, the tax shall be paid by the person to whom the energy is
sold and collected by the cogenerator.
(b) The amount of the tax collected in one (1) month shall be
remitted to the tax administrator on or before the last day of the
following month.
SECTION 3. This ordinance shall become effective the day it
is adopted by the City Council. This ordinance shall apply to
services furnished from the beginning of the first regular billing
period commencing on or after the day this ordinance is adopted or
as soon thereafter as the respective utilities are physically and
mechanically able to make the adjustments necessary for application
of this ordinance.
SECTION 4. The City Clerk shall certify to the passage and
adoption of this ordinance; shall cause the same to be entered in
the book of original ordinances of said City; shall make a minute
of the passage and adoption thereof in the records of the meeting
at which the same is passed and adopted; and shall within fifteen
days after the passage and adoption thereof, cause the same to be
published once in the E1 Segundo Herald, a weekly newspaper of
general circulation, published and circulated within said City of
E1 Segundo and which is hereby designated for that purpose.
A
PASSED, APPROVED AND ADOPTED this
4th April
day of
l
yor of the/, ity of E1 Segundo
California
City Clerk (SEAL)
-2- JOA:0- 032889.CA3
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Ronald L. Hart City Clerk of the City of E1 Segundo,
California, DO HEREBY CERTIFY that the whole number of members of
the City Council of the said City is five; that the foregoing
ordinance, being Ordinance No. 1135 is a full, true correct
original of Ordinance No. 1135 of the said City of E1 Segundo,
California, entitled:
AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA,
AMENDING SECTION 3.24.010 AND ADDING SECTION 3.24.035
TO TITLE THREE, CHAPTER 3.24 OF THE EL SEGUNDO
MUNICIPAL CODE TO PROVIDE THAT BUSINESSES WHICH ARE
ELECTRICAL GOGENERATORS SHALL BE SUBJECT TO CHAPTER
3.24.
which was duly passed and adopted by the said City Council,
approved and signed by the Mayor of said City, and attested by
the City Clerk of said City, all at a regular meeting of the said
Council held on the 4TH day of APRIL 1989 and the same was so
passed and adopted by the following vote:
AYES: Councilmembers: Dannen,
Clutter, and Mayor Jacobson
NOES: Councilman Anderson and West
ABSENT: None
I do hereby further certify that pursuant to the provisions
of Section 36933 of the Government Code of the State of
California, that the foregoing Ordinance No. 1135 was duly and
regularly published according to law and the order of the City
Council of said City of E1 Segundo Herald, a weekly newspaper of
general circulation, printed, published and circulated within
said City and that the same was so published therein on the
following date, to wit*
(SEAL)
pity Clerk of the
City of E1 Segundo, California