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HomeMy WebLinkAboutOrdinance No. 2373 pmt/ORD6093 7/11/88 ORDINANCE NO. 2373 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA ADDING SECTION 5 . 12 . 150 TO THE AZUSA MUNICIPAL CODE ESTABLISHING AN OFFSITE, MULTIUSER HAZARDOUS WASTE FACILITIES TAX AND PROVIDING FOR AN ELECTION THEREON THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1 . Section 5 .12. 150 is hereby added to the Azusa Municipal Code to read as follows: "5 . 12 .150 Offsite, Multiuser Hazardous Waste Facilities Tax A. Every person who operates an offsite, multiuser hazardous waste. facility located within the City of Azusa shall pay a tax to the City in such amount as set by resolution of the City Council but not to exceed ten percent, or such other amount as authorized by state law, of the facility ' s annual gross receipts for the treatment, storage, or disposal of hazardous waste at the facility. B. The tax imposed by this Section shall not apply to that portion of the gross receipts of the hazardous waste facility that derives from the recycling of hazardous waste or the treatment of infectious waste, provided, however , that the tax shall include gross receipts on retrograde materials derived from recycling or treatment of such hazardous waste. C. The terms used in this Section shall be defined as set forth in Article 2 of Chapter 6 . 5 of Division 20, commencing with Section 25100, of the Health and Safety Code. D. The tax imposed by this Section shall be paid quarterly during the year with quarters ending in March, June, September and December . All such payments are due within ten ( 10 ) days of the end of the quarter and shall be accompanied by a statement of gross receipts executed under penalty of perjury by the chief operating officer of the facility. Said statement of gross receipts shall not be conclusive as to the matters set forth therein, nor shall the filing of such statement preclude the City from collecting, by appropriate action, such sums as are actually due and payable. Such statement and each of the several items therein contained shall be subject to audit and verification by the City, or its contractor, and the City, or pmt/ORD6093 7/11/88 `, �., �.• its contractor , shall have the right to inspect the books and records of the taxpayer as may be necessary to verify and ascertain the amount of the tax due and payable. " SECTION 2 . The City Council may amend this Section 5. 12. 150 of the Azusa Municipal Code without a vote of the people to the extent necessary to implement the procedures for collection of the tax and to the extent permitted pursuant to Government Code Sections 53720 , et seq. SECTION 3 . This ordinance, being for the enactment and imposition of a general tax, shall be submitted to a vote of the people at the general election scheduled for November 8, 1988. This ordinance shall become valid and binding if a majority of the voters voting thereon vote in its favor at said election and shall be effective on the date that the City Council certifies the results of said election. If the provisions of Government Code Sections 53720 , et seq. , are duly repealed or amended, or interpreted by the courts so that a vote of the people is not required for enactment of said Section 5 . 12 . 150 , then this Ordinance shall take effect as provided for all other City ordinances and may be amended in the same manner as all other City ordinances . SECTION 4 . If any clause, section or portion of this Ordinance is found to be invalid, it is the intent of the council and the people of the City of Azusa that the remaining provisions remain in full force and effect to the extent possible. SECTION 5 . The tax set forth in this Ordinance shall be collected by the methods set forth herein and those set forth in Titles 3 and 5 of this Azusa Municipal Code. SECTION 6. The City Clerk shall certify the adoption of this ordinance and shall cause it to be published in the manner required by law. PASSED AND- APPROVED this 1st day of August 1988. 6tIAL IMAYORItiti.4"-. -2- pmt/ORD6093 7/11/88 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS. CITY OF AZUSA I, ADOLPH SOLIS, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 2373 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 18th day of July , 1988. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 1st day of August , 1988, by the following vote, to wit : AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE zi OTY CLERK -3-