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HomeMy WebLinkAboutORD NO 2650ORDINANCE NO. 2650 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING THE UNIFORM LOCAL SALES AND USE TAX ORDINANCE OF THE CITY OF BAKERSFIELD, CHAPTER 6.08 OF TITLE 6 OF THE BAKERSFIELD MUNICIPAL CODEr TO INCREASE THE SALES AND USE TAX IMPOSED THEREBY FROM .951 OF ONE PERCENT TO ONE FULL PERCENT. part of and WHEREAS, sales and use tax revenues are an integral financinq the municipal operation of the City of Bakersfield; WHEREAS, there has been a marked decrease in the ability of the City of Bakersfield to generate revenue coupled with increasing financial constraints imposed upon the operation of the City of Bakersfield; and WHEREAS, an increase in sales and use tax revenue will provide additional funds necessary for the continued efficient operation of the City of Bakersfield; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION Paragraph (c) of Section is amended to read as follows: (c) To adopt a sales and use 6.08.020 of the Municipal Code tax ordinance which imposes a one percent tax and provides a measure therefor that can be administered and collected by the State Board of Equalization in a manner that adapts itself as fully as practical to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the State Board of Equaliza- tion in administering and collecting the California State Sales and Use taxes. SECTION 2. Subparagraph (1) of paragraph (a) of Section 6.08.040 of the Municipal Code is amended to read as follows: 6.08.040 Sales tax imposed - Place of sale - Adoption of state law - Exemptions. (a) (1) For the privilege of selling tangible personal property at retail a tax is imposed upon all retailers in the city at the rate of .951 of one percent of the gross receipts of the retailer from the sale of all tangible personal property sold at retail in the City of Bakersfield to and including September 30, 1981, and at the rate of one percent on and after October 1, 1981. SECTION 3. Paragraph (a) of Section 6.08.050 of the Municipal Code is amended to read as follows: 6.08.050 Use tax imposed - Adoption of state law - Exemptions. (a) An excise tax is hereby imposed on the storage, use or other consumption in the City of Bakersfield of tangible personal property purchased from any retailer on or after the operative date of this amendment, for storage, use or other consumption in the city at the rate of .951 of one percent of the sale price of the property to and including September 30, 1981, and at the rate of one percent on and after October 1, 1981. The sales price shall include delivery charges when such state sales or use tax regardless of the is made. charges are subject to place to which delivery SECTION 4. Section 6.08.080 of the Municipal Code is amended to read as follows: 6.08.080 Suspension of existing ordinances. At the time this chapter goes into operation, the provisions of Ordinance Nos. 716, New Series, and amendments thereto, and 877, New Series, and amendments thereto, shall be suspended and shall not again be of any force or effect until and unless for any reason the State Board e of Equalization ceases to pewform the functions incident to the administration and operation of the sales and use tax hereby imposed; provided, however, that if for any reason it is determined that the City of Bakersfield is without power to adopt this chapter, or that the State Board of Equalization is without power to perform the functions incident to the administration and operation of the taxes imposed by this chapter, the provisions of Ordinances Nos. 716, New Series, and amendments thereto, and 877, New Series, and amendments thereto, shall not be deemed to have been suspended, but shall be deemed to have been in full force and effect at the rate of ninety-hundredths of one percent continuously from and after January 1, 1957, to July 1~ 1959; and at the rate of .985 of one percent from and after July 1, 1959, to and including June 30, 1960; and at the rate of .977 of one percent from and after July 1, 1960, to and including June 30, 1961; and at the rate of one percent from and after July 1~ 1961, to and including Septemb~ 30, 1961; and at the rate of .!)67 of one percent from and after October 1, 1961; and at the rate of .972 of one percent after July 1, 1965, and at the rate of .904 of one percent from and after January 1, 1969, and at the rate of .951 of one percent from and after July 1, 1969; and at the rate of one percent from and after October 1, 1981. Upon the ceasing of the State Board of Equalization to perform the functions incident to the admini- stration and operation of the taxes imposed by this chapter, the provisions of Ordinance Nos. 716, New Series, and amendments thereto, and 877, New Series, and amendments thereto, shall again be in full force and effect at the rate of one percent. Nothing in this chapter shall be construed as relieving any person of the obligation to pay to the City of Bakersfield any sales or use tax accrued and owing by reason of the provisions of Ordinances Nos. 716, New Series, and amendments thereto, and 877, New Series, and amendments thereto, in force and effect prior to and including December 31, 1956. SECTION 5. This ordinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (30) days from and after the date of its passage. ......... o0o .......... I and adopted by the Council of the meeting thereof held on the ~st the following vote: HEREBY CERTIFY that the foregoing Ordinance was passed City of Bakersfield at a regular day of July , 1981, by CITY CLERK/and ~X Officio Clerk of the Council of the City of Bakersfield APPROVED this __ks_t__ day of July , 1981 the City of Bakersfield APPROVED as to form: CITY ATTORN~ of the City of a ersfield Affidavit of Iosttng r tttatt es STATE OF CALIFORNIA, I County of Kern ss. PHILIP KELMAR, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that July 6 oa ..............................................................................................................................19._.~.~ he posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on ....... .~.~.y........1. ................................................................, 19....~..1..., which ordin~-ce was numbere~......_~.6.5.0 .........................New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BKAERSFIELD AMENDING THE UNIFORM LOCAL gALES AND USE TAX ORDINANCE OF THE CITY OF BAKERSFIELD, CHAPTER 6.08 OF TITLE 6 OF THE BAKERSFIELD MUNICIPAL CODE, TO INCREASE THE SALES AND USE TAX IMPOSED THEREBY FROM .951 OF ONE PERCENT TO ONE FULL PERCENT. C ty Clerk Subscribed and sworn to before me this 7th day of July , 'i9 81