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HomeMy WebLinkAbout1997 ORDINANCE NO. 1997 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 2671 OF THE ARCADIA MUNICIPAL CODE TO APPLY THE UTILITIES' TAX TO CELLULAR ACCESS CHARGES WHEREAS, the City utility users tax may be extended to cellular telephone services. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND ORDAIN AS FOLLOWS: SECTION 1. THAT Arcadia Municipal section 2671 is hereby amended to read as follows: 2671. TELEPHONE TAX. (a) There is hereby imposed a tax upon every person in the City, using intrastate, interstate and international communication services, including cellular telephone services and the telephone services that gain access to the Public Switched Network (PSN), by means of various technologies, by every person in the city using such services. 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 service. (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 other periodic charge shall be included in the base for computing the amount of tax due; 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 January 1, 1970. (c.) Notwithstanding the provisions of subsection (a), the tax imposed under this section shall not be imposed upon any person for using intrastate, interstate and international communication services to the extent that the amount paid for such services are exempt from or not subject to the tax imposed by section 4251 of Title 26 of the United states Code, as such section existed on January 1, 1970, without regard to subsection (B) thereof. (d.) The Tax on cellular access charges shall be effective on December 2, 1993. SECTION 2. That the city Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in the official newspaper of said City within fifteen (15) days after its adoption. Passed, approved and adopted ATTEST: ~ of Arcadia 1997 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Ordinance No. 1997 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 2nd day of November, 1993 and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmember Fasching, Harbicht, Lojeski, Margett and Ciraulo NOES: None ABSENT: None /' J ity of Arcadia ci lerk of 1997