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Ordinance 2004-06 ORDINANCE NO. 2004-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING SECTION 2.41 OF CHAPTER 2; SECTION 22.27 OF CHAPTER 22; SECTION 25A.7 OF CHAPTER 25A; AND SECTIONS 26B.25, 26B.26, 26B.28, 26B.30 AND 26B.31 OF CHAPTER 26B OF THE GILROY CITY CODE, PERTAINING TO THE INTEREST TO BE PAID ON CERTAIN DELINQUENT TAX AND OTHER PAYMENT OBLIGATIONS AND CORRECTING TYPOGRAPHICAL ERRORS WHEREAS, the City of Gilroy ("City") is a charter city empowered under the California Constitution to levy taxes pursuant to its authority to make and enforce laws and regulations with respect to municipal affairs; and WHEREAS, Chapter 2 of the Gilroy City Code sets forth provisions governing City administration; Chapter 22, Article IV, prescribes cigarette taxes, Chapter 25A prescribes transient occupancy taxes, and Chapter 26B prescribes utility users taxes; and WHEREAS, the City Council may set the interest rate to be paid on delinquent tax and other payment obligations pursuant to its police powers; and WHEREAS, the City Council has determined that the financial impacts of delinquent tax payments should be alleviated by collecting interest on both the delinquent taxes and applicable penalties; and WHEREAS, the City Council held a duly noticed public meeting on April 19, 2004, and all persons expressing a desire to comment or object were heard; and WHEREAS, the City Council also desires to correct certain minor and typographical errors in Chapter 26B of the Gilroy City Code for the purposes of clarifying the provisions of that chapter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I A new Subsection (e), entitled "Interest," is added to Section 2.41, entitled "Functions," of Article VI, entitled "Department of Finance" of Chapter 2, entitled "Administration," of the Gilroy City Code to read: IGBOI620445.4 041304-04706083 -1- Ordinance No. 2004-06 Sec. 2.41 Functions. ( e) Interest. Interest calculated on a monthly basis or any fraction thereof shall be imposed upon a delinquent obligation from the date such obligation becomes delinquent to the date it is paid. The rate of interest imposed pursuant to this section shall be eighteen percent (18%) per annum. SECTION II Section 22.27, entitled "Penalties for failure to remit tax when due," of Article N, entitled "Cigarette Tax," of Chapter 22, entitled "Taxation," of the Gilroy City Code is hereby amended to revise subsection (d), entitled "Interest," to read: Sec. 22.27. Penalties for failure to remit tax when due. (d) Interest. In addition to the penalties imposed, any distributor who fails to remit any tax imposed by this article shall pay interest at the rate of eighteen percent (18%) per annum.. The interest shall be calculated per month or fraction thereof on the amount of the tax and penalties, from the date on which the remittance first became delinquent until paid. SECTION III Section 25A. 7, entitled "Penalties and interest," of Chapter 25A, entitled "Transient Occupancy Tax," ofthe Gilroy City Code is hereby amended to revise subsection (d), entitled "Interest," to read: Sec. 25A.7. Penalties and interest. (d) Interest. In addition to the penalties imposed, any operator who fails to remit any tax imposed by this chapter shall pay interest at the rate of eighteen percent (18%) per annum. The interest shall be calculated per month or fraction thereof on the amount of the tax and penalties, from the date on which the remittance first became delinquent until paid. SECTION IV Chapter 26B, entitled "Utility Users Tax," of the Gilroy City Code is hereby amended as follows. 1.) Section 26B.24 is amended to read: Section 26B.24. Service supplier; fraud; penalty. If the tax collector determines that the non-payment by any service supplier or nonutility supplier of any remittance due under this chapter is IG801620445.4 041304-04706083 -2- Ordinance No. 2004-06 due to fraud, a penalty of twenty-five percent (25%) ofthe amount of the tax shall be added thereto in addition to the penalty imposed by section 26B.23. 2.) Section 26B.25, entitled "Service supplier; interest," is amended to read: Sec. 26B.25. Service supplier; interest. In addition to the penalties imposed by section 26B.23 and 26B.24, any service supplier or non-utility supplier who fails to remit any tax imposed by this chapter shall pay interest at the rate of eighteen percent (18%) per annum. The interest shall be calculated per month or fraction thereof, on the amount of the tax and penalties, from the date on which the remittance first became delinquent until paid. 3.) Section 26B.26, entitled "Service supplier; penalty and interest part of tax," is amended to read: Sec. 26B.26. Service supplier; penalty and interest added to tax. Every penalty imposed upon a service supplier or non-utility supplier and such interest as accrues, under the provisions of sections 26B.23 to 26B.25, inclusive, shall be added to the tax required to be remitted. 4.) Section 26B.28, entitled "Service user; fraud; penalty," is amended to read: Sec. 26B.28. Service user; fraud; penalty. If the tax collector determines that the non-payment by any service user of any tax imposed by this chapter is due to fraud, a penalty of twenty-five percent (25%) ofthe amount of the tax shall be added thereto in addition to the penalty imposed by section 26B.27. 5.) Section 26B.29, entitled "Service user; interest," is amended to read: Sec. 26B.29. Service user; interest. In addition to the penalties imposed by section 26B.27 and 26B.28, any service user who fails to remit any tax imposed by this chapter shall pay interest at the rate of eighteen percent (18%) per annum. The interest shall be calculated per month or fraction thereof, on the amount of the tax and penalties, from the date on which the remittance first became delinquent until paid, and a collection charge often dollars ($10.00) shall be added for each delinquent account. 6.) Section 26B.30, entitled "Service user; penalty and interest, part of tax," is amended to read: IGB0\620445.4 041304-04706083 -3- Ordinance No. 2004-06 Sec. 26B.30. Service user; penalty and interest added to tax. Every penalty imposed upon a service user and such interest as accrues under the provisions of sections 26B.27 to 26B.29, inclusive, shall be added to the tax required to be paid. 7.) Section 26B.31, entitled "Service user; penalties and interest collected by city," is amended to read: Sec. 26B.31. Service user; penalties and interest collected by city. The penalties, interest and collection charges imposed in sections 26B.27 to 26B.30, inclusive, shall not be collected by the service supplier, but by the city. SECTION V If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise void or invalid by any court of competent jurisdiction, the validity of the remaining portion of this Ordinance shall not be affected thereby. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, subdivision, sentence, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional. SECTION VI This Ordinance shall be in full force and effect thirty (30) days after the date of its passage and adoption. PASSED AND ADOPTED this 3rd of May, 2004, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ATT~'j ,.2 y~~^ l : {.(A.' Rhollda Pellin, City Clerk ~ ~ ert Piriheiro, Mayor IGBOI620445.4 041304-04706083 -4- Ordinance No. 2004-06 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2004-06 is an original ordinance, or a true and correct copy of a city ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 3rd day of May, 2004, at which meeting a quorum was present, and has been published or posted pursuant to law. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 14th day of May, 2004. /'~7 '--<- .. ;td/ uA:~ "- City lerk of the City of Gilroy (Seal)