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ON
ORDINANCE NO. 865 (1980 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING SECTIONS
OF ARTICLE VI, CHAPTER 6 OF THE MUNICIPAL CODE - REFUNDS -
LOW INCOME HOUSEHOLDS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AS FOLLOWS:
SECTION 1. Section 6616 shall be amended to read as follows:
A. A refund of not to exceed Twenty (20) Dollars of all utility
taxes due and paid on'water, gas and electric services rendered
on and after July 1, 1979 and through June 30, 1980; and a refund
not to exceed Thirty (30) Dollars of all utility taxes due and
paid on water, gas, electric, telephone and cable TV services
rendered on and after July 1, 1980 and through June 30, 1981, shall
be made whenever all of the following occur:
(1.) The annual gross' income of the household in which claimant
lives is less than Seven Thousand Dollars for the claimant's
last preceding federal or state personal income tax report-
ing period;
(2.) Claimant makes application and files a verified claim in
writing at the Department of Finance at City Hall for such
refund upon a claim form provided by the Tax Administrator;
(3.) The claim is approved by the Tax Administrator as being in
conformance with this subsection. Only one member of each
household may file a claim, and only one claim may be filed
for each individual household.
(a.) The claimant shall be the person in whose name the bills
for utility services was rendered. Income of the house-
hold means all income of the claimant's household while
members of such household and related to the claimant as
a spouse or as defined in Sections 17056 and 17057 of the
Revenue and Taxation Code of California. 0 865'
44
•(b.7Gross income" means the sum'of adjusted income as
used for purposes of the California Personal Income
Tax Law, together with the net income from all sources
of all kinds, including but not limited to alimony,
support money, cash public assistance and relief,
pensions, annuities, social security, interest on
securities (including tax -free interest on governmental
securities), realized capital gains, workmen's
compensation (not including medical benefits), un-
employment insurance income, insurance benefits of
all kinds (other than medical), and gifts, except that
income shall not include medicare benefits, gifts of
food and gifts between members of the household, the
receipt of surplus food or other relief in kind supplied
by a governmental agency.
(c.) The claim for such refund, for the preceding twelve -month
period ending on June 30, shall be made only during the
month of September or October of each year, and must be
accompanied by a copy of the utility bills, together with
proof that the utility taxes have been paid by the claimant
or some member of the household. No such refund shall be
made on any claim filed or postmarked later than the 31st
day of October.
(d.) No refund shall be made to any person for taxes levied
on a utility account for which any utility tax is due
and outstanding for the period for which refund is claimed
or for any prior period. No refund shall be made of any
tax which was paid with public assistance or relief funds
which included an allowance to pay the tax.
(e J Nothing in this section shall be construed to require that
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any utility company has any obligation to make or furnish,
for the purpose of the refund provisions hereof, proof of
utility taxes due or utility taxes paid.
SECTION 2. Section 6616 (f) shall be added to the Municipal Code of the
City of San Luis Obispo to read as follows:
6616(f )
Nothing in this section shall be construed to prevent the
Director of Finance from deducting the amount of refunds from
current charges owed to the city for utility services provided.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis
Obispo at a meeting held on the 16th day of September , 1980, on motion
of Mayor Cooper , seconded by Councilwoman Billig and on the
following roll call vote:
AYES: Mayor Cooper, Councilmembers Billig, Bond, Dunin and Munger
NOES: None
ABSENT: None
ATTEST:
City C .H. Fitzpatrick
APPROVED:
City A inistrative 0 ficer 4ector Finan
City Attorney
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ORDINANCE NO. 865 (19 80 Series)
FINALLY PASSED this 7th day of October ,
1980, on motion of Councilwoman Billig seconded by
Councilman Dunin , and on the following roll call
vote:
AYES: Councilmembers Billig, Dunin, Bond, Munger and Mayor Cooper
NOES: None
ABSENT: None
ATTEST:
Ci lerk Fitzpatrick