§ 4.28.110. Maximum tax for commercial or industrial plants.

A.

The total utility users tax imposed by this Chapter for gas, alternate fuels, and electricity services upon any service user for any one commercial or industrial plant location shall not exceed the amount of three hundred fifty thousand dollars ($350,000.00) for a calendar year.

B.

Commencing on January 1, 1993, and annually thereafter, said taxes payable pursuant hereto shall be adjusted in relation to the Consumer Price Index issued by the Bureau of Labor Statistics of the United States Department of Labor for All Urban Consumers of the Greater San Francisco, Oakland, San Jose (Standard Metropolitan Statistical Area) as follows:

1.

For said taxes set forth in subsection A of this Section; and

2.

For the most recent month for which such price index figure is available on the date such taxes are due and annually thereafter.

The adjustment in said taxes for any such one-year period shall be determined as follows:

The price index figure for subsection (B)(1), the price index figure for subsection (B)(2) and the annual maximum tax set forth in said subsection A of this Section shall be the basis upon which such adjustment shall be computed. The difference, if any, between the price index figure for subsection (B)(1) and the price index for subsection (B)(2) shall be ascertained by subtracting the lesser from the greater of such figures. Thereafter, such differences shall be divided by the price index figure for subsection (B)(1) which will provide the percentages of changes, if any, in the price index figure. If such percentage of change represents an increase, then the taxes shall be the said taxes as set forth in subsection A of this Section plus the sum derived by multiplying said taxes by such percentage of change. In no event, however, shall any taxes be less than those amounts set forth in said subsection A of this Section.

C.

Those service users whose total amount of utility users taxes imposed by this Chapter for gas services, alternate fuels, and electricity services for any one commercial or industrial plant location during a calendar year exceeds three hundred fifty thousand dollars ($350,000.00) may pay such annual maximum amount directly to the Director of Finance in twelve (12) equal installments of twenty-nine thousand one hundred sixty seven dollars ($29,167.00) each. Each such installment shall be due and payable to the city on or before the fifth day of each month. Upon receipt of the first installment in January of each year, the Director of Finance shall notify each service supplier not to impose the utility users tax required by this Chapter for the ensuing calendar year.

(Prior code § 5-23.072)