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NS-1268
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Last modified
1/3/2012 1:04:50 PM
Creation date
6/26/2003 10:08:05 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-1268
Date
9/2/1975
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ORDINANCE NO. NS-1268 <br />PAGE THREE <br /> <br /> (c) The tax imposed in this section shall be collected <br />from the service user by the person supplying such energy. <br />The amount of tax collected in one month shall be remitted <br />to the Tax Administrator on or before the 20th day of the <br />following month. Remittance of tax may be predicated on a <br />formula based upon the payment pattern of the supplier's cus- <br />tomers. <br /> <br />Sec. 35-157. Gas User Tax. <br /> <br /> (a) There is hereby imposed a tax upon every person <br />in the City of Santa Ana, other than a gas corporation or <br />electrical corporation, using in the City gas which is deli- <br />vered through mains or pipes. The tax imposed by this section <br />shall be at the rate of three percent (3%) of the charges made <br />for such gas and shall be paid by the person paying for such gas. <br /> <br /> (b) There shall be excluded from the base on which <br />the tax imposed in this section is computed (1) charges made <br />for gas which is to be resold and delivered through mains or <br />pipes; (2) charges made for gas sold for use in the generation <br />of electrical energy or for the production or distribution of <br />water by a public utility or governmental agency; and (3) charges <br />made by a gas public utility for gas used and consumed in the <br />conduct of the business of gas public utilities. <br /> <br /> (c) The tax imposed in this section shall be collected <br />from the service user by the person selling the gas. The <br />amount collected in one month shall be remitted to the Tax <br />Administrator on or before the 20th day of the following <br />month. <br /> <br /> Sec. 35-158. Penalty. <br /> <br /> (a) Taxes collected from a service user which are not <br />remitted to the Tax Administrator on or before the due dates <br />provided in this code are delinquent. <br /> <br />Sec. 35-159. Actions to Collect. <br /> <br /> Any tax required to be paid by a service user under the <br />provisions of this code shall be deemed a debt owed by the <br />service user to the City. Any such tax collected from a ser- <br />vice user which has not been remitted to the Tax Administrator <br />shall be deemed a debt owed to the City by the person required <br />to collect and remit. Any person owing money to the City under <br />the provisions of this code shall be liable to an action brought <br />in the name of the City for the recovery of such amount. <br /> <br /> Sec. <br /> <br /> The <br />code shall be <br /> <br /> 35-160. Duty to Collect - Procedures. <br /> <br />duty to collect and remit the taxes imposed by this <br />performed as follows: <br /> <br /> (a) The tax shall be collected insofar as practicable <br />at the same time as and along with the charges made in accor- <br />dance with the regular billing practice. <br /> <br /> (b) The duty to collect tax from a service user shall <br />commence with the beginning of the first full regular billing <br />period applicable to that person which starts on or after the <br />operative date of this code. Where a person receives more <br />than one billing, for different periods, the duty to collect <br />shall arise separately for each billing period. <br /> <br /> <br />
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