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AF 3VED AS TO FORM AND LEGALITY

INTRODUCED BY COUNCILMEMBER.CITY ATTORNEY

ORDINANCE No i l l l 7_C M. S.

AUTHORIZING THE AMENDMENT OF CERTAINSECTIONS OF CHAPTER 5, ARTICLE 23, OF THEOAKLAND MUNICIPAL CODE PROVIDING FORCLARIFICATION AND INCREASE OF THE UTILITY USERSTAX.

WHER EAS, theCouncil of the City of Oakland adopted Chapter 5, Article 23, ofthe Oakland Municipal Code ("the Code") providing for the taxation of persons usingintrastate telephone, gas, electricity services, cable television, all international andinterstate telecommunications and alternate fuel consumption; and

WHEREAS, the City wishes to increase the utility user's tax for all categories ofutility consumption except those persons qualifying for the low-income rate assistanceprogram (LIRA) offered by the Pacific Gas & Electric Corporation ("PG&E"); and

WHEREAS,the City wishes to reiterate and confirm that "telecommunications",as used in the Code, refers to all vocal, electronic, and facsimile transfers includingthose made using cellular and other mobile telephonic devices.

The Council of the City of Oakland does ordain as follows:

Section 1. Section 5-23.03 is hereby amended as follows:

SEC. 5-23.03 TELEPHONE USERS TAX IMPOSED.

(a) There is hereby imposed a tax upon every person with a service addressin the City, other than a telephone corporation (as defined by and licensed by theCalifornia Public Utilities Commission), using intrastate, interstate, or internationaltelephone communication services including, but not limited to, cellular telephonesand facsimile transmissions for communications originating or terminating in the City.The tax imposed by this section shall be at the rate of six and eight tenths porcont(6.80%) seven and one-half percent (7.50%) all charges made for such services andshall be paid by the person receiving such services, and collected by the provider ofsuch services.

600-245-005 (7/83)

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method within the City. The tax imposed by this Section shall be at the rate of eioight tonths porcont (6.80%) seven and one-half percent (7.50%) of all charges madefor such services and shall be collected by the service supplier.

Section 6. Section 5-23.02 is hereby amended by the adding the followingsubsection:

SEC.5-23.02 (ft SERVICE ADDRESS."Service Address" shall mean the address or location where the user has

its equipment (e.g., cellular phone, telephone, pager, facsimile machine) receivingutility services.

A U 6 3B93IN COUNCIL, OAKLAND, CALIFORNIA, , 19

PASSED BY THE FOLLOWING VOTE:

AYES XX2ESK, DE LA FUENTE , 3&XSCXK, XlSOEX , M I L E Y, O G AWA , SPEES , W O O D S - J O N E S and P R E S I D E N TH A R R I S

N O E S ^ B AY T O N , JORDAN, M O O R E , - 3

ABSENT NONE

ABSTENTION NONE

ATTEST:s- ^7

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the akianbQ T r fbunt66 Jack London Square, Oakland, CA 94607(510)208-6300

LEGAL NO.4999

MOlCE AND DGESTAUTHORIZING THE

AMENDMENTOF CERTAINSECTIONSOF CHAPTER5,ARTICLE23, OF THEOAK-LAND MUNICIPALCODEPROVIDINGFOR CLARIFI-CATIONAND INCREASE OFTHElTILTY USERS TAX

Thi*OrdinanceIncrmsestheu t B H v user's tax Imposed ontheuse of telephones, on elec-tricity, and alternate fuelenergy consumption and oncable television service to a' rate of seven and one-halfpercent (7 to%) and extendsthe tax to ceflutar telephones.

TWt Ordinance was intro-duced at the regular CouncilMeeting, Tuesday evening,July 27, W, endpeed toprint7 Ayes, 2 Noes. Heartooo n final adoption,Is set forregular CouncilMeetingat theLakeside Park GardenCenter, M6 Befleyue Avenue,Oakland, California,TuesdayAugust 3, 1993 a! 730 P.m.

Three funcopies are avail-able lor use end examinationby thepubHc In the Officeofthe $tv Cterk at MB14thStreef, Suite, 609, Oakland,

CEDA FLOYD, Clty CJerk

N O .4 9 9 9July. 3UJ98 (it)

PROOF OF PUBLICATION

Case No

In the matter of

City of Oakland City Clerk

utility users tax

Alicia Blakedepose

says that he/she was the Public Notice Advertising ClericoOAKLANDTRIBUNE a newspaper of general circulationdefined by Government Code Section 6000, adjudicated asby the Superior Court of theState of California, County of Al(Order No.237796, December 4, 1951) which is publishedcirculated in Oakland Township in said county and state sdays a week.

That theNotice and Digest

of which the annexed is a printed copy, was published inissue

of THEOAKLANDTRIBUNE

on thefollowing dates:

July 31, 1993

I certify (or declare) under penalty of perjury that the foregois true and correct.D a t e . . . . A VS. ust .3... .1993at Oakland, California.

Public Notice Advertising

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the Q Tr i b u n e .66 Jack London Square, Oakland, CA 94607(510)208-6300

LEGAL NO. 4999

NOTCE AND DGESTAUTHORIZING THE

AMEND/KENT OF CERTAINSECTIONS O F CHAPTER 5,ARTICLE 23, OF THEOAK-LAND MUNICIPAL CODEPROVIDING FOR CLARIFI-CATION AND INCREASE OFTHE UTILTIY USERS TAX

This Ordinance increases theutility user's tax imposed ontheuse of telephones, on elec-tricity, MS and alternate fuelenergy consumption and oncable televison service to arate of seven and one-halfpercent (7 Vi%) and extendsthe tax to cellular telephones.

This Ordinance was Intro-duced at the regular CouncilMeeting, Tuesday evening,July 27, 1993, and passed toprint 7 Aves, 2 Noes. Hearingon final adoption is set forregular Council Meeting at theLakeside Park GardenCenter, 666 Bellevue Avenue,Oakland, California, TuesdayAugust 3, 1993 a* 7:30 P.m.

Three full copies ore avail-able for use and examinationby the public In the Ofice ofthe City Clerk at 5 14thSreet, Suite 609, Oakland,California.

CEDA FLOYD, City ClerkNO. 4999 July 31,. 1993 (It)

w e n

PROOF OF PUBLICATION

Case No

In the matter of

City of Oakiind City Clerk

.utility ^us.er.s _ a x

Alicia Blakedeposes

sews that he/she was the Public Notice Advertising Clerk of TOAKLAND TRIBUNE a newspaper of general circulationdefined by Government Code Section 6000, adjudicated asby the Superior Court of the State of Caiforna, County of Alam(Order No. 237798, December 4, 1951) which is publishedcirculated in Oakland Township in said county and state sdays a week.

That the

Notice and Digest

of which the annexed is a printed copy, was published in e

issue of THE OAKLAND TRIBUNE on the following dates:

I certify (or declare) under penalty of perjury that the foregoinis ttua and correct.

Date August _3,.. 199 3at Oakland, California.

Public Notice Advertising Clerk