HomeMy WebLinkAboutOrdinances - No. 1830ORDINANCE NO. 1830
BE IT ORDAINED BY THE LODl CITY COUNCIL AS FOLLOWS:
SECTION 1. Lodi Municipal Code Section 13.20 is hereby amended by adding a new
Section 13.20.320, “Schedule NST - New Sales Tax Rate,” to read as follows:
13.20.320 Schedule NST - New Sales Tax Rate
A. Applicability. This rate discount is available to qualified commercial customers on the
GI, G2, G3, G4, or G5 rate for the purpose of attracting new businesses generating
substantial sales tax revenue into vacant properties.
B. Commercial Businesses.
1. Qualifying Customers. A qualifying customer is one who:
a) Takes permitted occupancyafter June 30,201 0, of propertywithin the City of
Lodi (“Lodi”) and receives electric service from the City of Lodi. The property
must be unoccupied for at least ninety (90) days prior to the subject
occupancy (“subject property”); and
b) At the subject property, makes retail sales that generate New Sales Tax of
$100,000 per year or more, as determined by the City of Lodi; and
c) Files a complete application requesting a new sales tax rate (NST).
2. New Sales Tax.
4 “New Sales Tax” as used in paragraph B(l)(b) above refers to the portion of
the sales tax paid to the City of Lodi generated by sales at the subject
property (“Lodi NST”); and
b) A business that relocates within the City of Lodi must generate an additional
$1 00,000 of Lodi NST over their prior twelve (12) months sales tax to qualify
for this rate.
C. Discount. The discount shall equal ten percent of the electric portion of the Lodi utility
bill associated with the load of the qualified customer at the subject property for bills for
periods ending with meter readings in the year ending June 30, 201 1, and five percent for
the electric portion of the Lodi utility bill associated with the load of the qualified customer at
the subject property for periods ending with meter readings in the year ending June 30,
2012. The discount shall not apply to the solar surcharge, CEC fee, state energy tax, or any
other assessment or charge levied on electric bills after the effective date of this rate
schedule unless specifically provided otherwise. These discounts shall expire for bill periods
ending with meter readings after June 30, 2012.
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D. Verification. Customer must provide information satisfactory to Lodi regarding the
planned size of the new load and sales tax generation. If, in the opinion of Lodi, a customer
is deemed qualified on the basis of sales tax projections, but is later found not to be
qualified, on the basis of actual sales tax generation, then any discount will be rebilled and
due back to Lodi. If, in the opinion of Lodi, a customer is deemed not to be qualified on the
basis of sales tax projections, but is later found to be qualified, on the basis of actual sales
tax generation, then any discount due for the applicable retroactive period will be credited to
the customer’s account.
E. Tourism and/or Wine Industry Businesses.
I. Customers who meet the qualifications for both the NST rate and the Tourism and/or
Wine Industry Business discount under the EDR rate will be given the larger of the two
discounts, but not both, for the period in which they meet the qualifications for both.
F.
bill based on the customer’s meter readings taken after June 30,201 2.
Sunset. This NST rate shall expire at the end of June 2012. It shall not apply to any
G. Lodi shall be responsible for establishing administrative rules and processes for
administering this rate schedule. Customers shall provide information on a timely basis to
enable EUD to verify eligibility and to administer the terms of this rate schedule.
SECTION 2. No Mandatory Duty of Care. This ordinance is not intended to and shall not be
construed or given effect in a manner which imposes upon the City, or any officer or
employee thereof, a mandatory duty of care towards persons or property within the City or
outside of the City so as to provide a basis of civil liability for damages, except as otherwise
imposed by law.
SECTION 3. Severability.. If any provision of this ordinance or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application. To this end, the provisions of this ordinance are severable. The City Council
hereby declares that it would have adopted this ordinance irrespective of the invalidity of any
particular portion thereof.
SECTION 4. All ordinances, resolutions, and other actions and parts thereof in conflict
herewith are repealed insofar as such conflict may exist.
SECTION 5. This ordinance shall be published pursuant to law and shall become effective
30 days from the date of passage and adoption.
SECTION 6. This amended Schedule referenced above shall be effective on applicable
electric utility billings prepared by the City of Lodi on or after July 2, 2010, or the first date
allowable under State law.
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Approved this 2nd day of June, 2010
PHIL KATZAKIAN '
Mayor
City Clerk
State of California
County of San Joaquin, ss.
I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1830 was
introduced at a regular meeting of the City Council of the City of Lodi held May 19,201 0, and
was thereafter passed, adopted, and ordered to print at a regular meeting of said Council
held June 2,201 0, by the following vote:
AYES: COUNCIL MEMBERS - Hansen, Hitchcock, Johnson, Mounce, and
Ma yo r Katza kia n
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - None
I further certify that Ordinance No. 1830 was approved and signed by the Mayor on the date
of its passage and the same has been published pursuant to law.
L
City Clerk
Amroved to Fm:
City Attorney
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