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Home My WebLink AboutCC Ord 734 1967-11-20 I I -L , \ : .. " .q " ,'. ORDINANCE NO. "J3i/- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY ,OF SEAL BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 683 PERTAINING TO THE LICENSE TAX TO BE PAID IN CONJUNCTION~.Wr:I'H,:ENGA:GTNG IN CERTAIN DESCRIBED.OIL BUSINESS OPERATIONS AND ACTIVITIES WITHIN THE CITY OF SEAL BEACH. The City Council of the City of Seal Beach does ordain as follows: Section 1. Section 11~117 of the Seal Beach City Code 'is hereby amended to read as ,follows: (a) Oil Business-Production-Every person conducting, managing, carrying on or ,engaged in the business or activity of producing crude oil, gas, petroleum orbther hydrocarbon ,substances or products from any well or wells located within the City of Seal Beach shall pay the sum, or sums, in the ,manner, and to.the extent as hereinafter provided: (1) The sum, or sums, to be paid on a per fiscal year basis~ payable quarterly. ' (2) For the fiscal year commencing ,July,l, 1967, there shall be paid on or before September 30, 1967 an amount equaling three cents ($.03) per quarter for.each barrel of oil produced by each well in excess of three hundred (300) barrels for said quarter, provided 'that commencing with the quarterly payment due December 31, 1967, and for each succeeding payment, there shall be paid in the manner provided herein, on or before December 31; 1967, March 31,'1968, -June 30; 1968, SePt.!':.rqP.er 30, 1968, December 31, 1968, March 31, 1969, June 30, 1969i\~eptember 30, 1969, respectively an amount equaling one ,and one half cents ($.015) per quarter for each 'barrel of oil produced by each well in excess of three hundred (300) barrels per quarter; arid provided further that commencing with the quarterly payment ,due December 31, 1969,' and for each succeeding fi~ca1 year, the~e' shall be paid in the manner provided herein, on or before each succeeding December 31, March 31, June 30, and September. 30, respectiye1y, an, amount equaling two cents ($.02) per quarter for each barrel of oil produced by each well in excess of ,three hundred' (300) barrel~ per quarter. Production during the .months 'of June, July,' ,and A]..1gust shall constitute the measurement of the amount 'due 'on or before September 30, for the first quarter of a fiscal year; production ,during the months of September, October, and'November shall constitute the measurement of the amount due on or before December 31; production during the months of December, January, and February shall constitute the measurement of the amount due on or be~0re March 31; 'production during the months of March, April, and May shall constitute the measurement of the amount due on or before June 30. The first 'of such payments shall be due, and payable on ,or b(;!fore September 30, 1967. ' ",.~,,_....._~,.~~m=~,1i':~~. I' OniS1t'lAL o,=lcln COpy NOT TO 8[ T/~t<L.f"~ F 01'1\ TI-IE CITY CLERK'S OFFICE . I I I ..-',. Ordinance N1.uTIber , < " (3) For the purpose of determining the per license tax: (a) A well is located within the City of Seal Beach if the surface location of the well, the surface of the well itself, or if any portion of the'wel1 head is located within the .City of Seal Beach, irrespective of the sub- surface location of the.we11, the producing interval thereof, or where the hole of the well may be bottomed. (b) A barrel of oil shall consist of forty-two .(42)'U.S. gallons of crude petroleum or hydrocarbon substances corrected' for temperature variations in accordance with methods .genera11y approved in the petroleum industry. Petroleum 'or hydrocarbon substances means crude oil remaining after the removal therefrom of water or other impurities by preliminary processiDg in the vicinity of the well site preparatory to the shipment thereof. ,(c) If oil produced from two .or more wells shall be , coming1ed without the production of the respective wells being separately measured, each we1i whose production has 'been so comingle~ shall ,b~ considered as'having produced an equal part of the total. .' (l{.) Every person hav,i,ng, a cur';;en't:pr~paid' li~erise to conduct, manage, carryon or engage in the'business or activity of .producing crude oil, gas, petroleum,. or otqer.hydrocarbon substances in the City of Seal Bea'ch shall be entitled to a' . . " -~ ,. . .' . ,credit for that portion of the unexpired term of such license 'extending beyond the effective date of this section. ' The amount of such credit. shall be ascertained by dividing the total amount (not including penalties) paid for such license by Three Hundred and Sixty-Five (365), and 'thereafter multiplying the resultant, quotient by the number of days remaining in such unexpired, term. Any such claimed credit; 'shal1 be indicated on the quarterly' statement herein provided to,be filed, and the person so filing such statement is authorized to deduct the amount thereof from the total amount due. All credits so claimed shall be filed as herein provided ,on or before June 30, 1967. ,(5) The person subject totl1e payment of the tax shall; before the business tax for each quarter , becomes delinquent, file with the' City a written statement setting forth the number of wells in operation and'the number of barrels .of oil produced by each well during the pertinent three-month period of production up6n which the tax due ,is to be calculated, and such person shall 'pay at suth time the'amount of the business tax computed upon the measure of the ,tax reported in the statement. The written, statement shall include a declaration substantially as.fo110ws:' "I declare 'under':'penalty, of making a false delcaration that I am;' authorized to, make this, statement, . and that to 'the best of my know- led~e and belief tt is a true;", correct, and complete s,tatement made in good faith for the period stated, in compliance with the 'provisions of the Seal Beach City Code." . ;! ." -', Ordinance Wuirtbe,r ' " " ' " t c, 'I Such'statements shall not be conclusive against the Ci.ty of Seal Beach as to the information set forth therein, nor , shall the'filing of a statement preclude the City of Seal Beach from collecting ,by appropriate action any additional tax that is determined to be due and payable. (6) Every person required to have a 1icense'under this section shall keep full, true and accurate records as to the amount of oil produced and shipped or sold by him from wells located, within the City of Seal Beach and shall upon demand of the City Manager make said records, together with any shipping documents or sales, invoices pertaining to such' oil'; available for the inspection of the City Manager or his representative at all reasonable times. (b) Oil Business-Non Producti.on-Every person conducting, managing, carrying on or engaged, in the business or activity,of oil well, injection well or water source well drilling or servicing'operations, or refining ,9i1 or petroleum products imd producing 'the by-products, or marketing, 'selling, distributing at wholesale, oil or any, petroleum products, or by~products, or maintaining tankage or warehouse storage facilities where oil is kept for the 'purpose of wholesale distribution thereof shall pay the sum of Fifty'Do11ars ($50) per year' plus a sum equal to the total of the following respective amounts per year per employee, in excess of two'for the average number of individuals employed by such person whose principal activities are within the City of Seal Beach during the twelve months immediately preceding the thirty (30) days next preceding the due ,date of the license: ' I From 3to 100 employees, inclusive' For the next 400'employees, inclusive For all employees over 500 $1.'00 per employee .50 per employee ,:25,per employee A license issued pursuant to this subsection shal1'inc1ude and permit the marketing, selling and ,distributing, at wholesale, of automobile tires, batteries, and a(:cessories., The, payment of one license as hereinabove provided in this subsection'shall permit the engaging in any of the businesses or activities licensed without payment of an additional license tax; provided, however, that nothing in this subsection ,shall be deemed to apply or relate to actual oil production operations or to the operation of, automobile filing stations. I - ,~ . . , Section 2. None,'of the prov~,sions of this ordiparice shall be construed to affect or to invalidate'lh any manner 'the provisions of Chapter 15, Section 15-18 ,-Oil-Drilling, etc., operations generally of the,Code of the City',of Seal ~each." ',.. : ",; '"',,, Section 3. Penalty f~r Delinquency., If any fee herein required to be paid to the CitY,of Seal Beach is not paid, at the time and:in ,the manner herein provided, the same s~a1l, thirty days thereafter, automatically be and become delinquent, and a penalty in an amount equal to twenty-five (25) per cent of such fee shall be added thereto for such delinquency, which penalty shail be and become a part of such fee and shall be enforced and collected as a part of such fee. , .' " " " (", '" ,:... Ordinanc~ NU~~~~ . c. . ,.,,'. " I " Section 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance, or the application thereof, to any person, firm, corporation or circumstance, is for any reason held .. .: to be invalfd'or unconstitutional by ,the, decision of any court of competent jurisdi~tion, such decision shall not affect the validity of the remaining portions' of this or,dinance., The Council ,of the City of Seal Beach hereby declares that it would have adopted this ordinance and ea~h section, subsection, sentence, clause, phrase, or portion thereof, irrespectiv~of.the fact that anyone Or more sections, subsections,' sente~ce" clause, phrase, or portion ,be declared iriva1id or unconstitutional. Section 5. Effective date. This ordinance shall be effective within 30 (30) days after' adoption. , "See tion 6. adoption of this required by law. the passage ,and be posted as ATTEST: , , " , /-) "dJ (, / ,; , . :-:-qtAL<:/~ - J-1 "City Clerk ',' I STATE OF CALIFORNIA ) , COUNTY OF ORANGE ,) ,SS CITY OF SEAL BEACH )' I; Jerdys Tofte Weir, Deputy City Clerk of, the City of Seal Beach, hereby certify that the foregoing ordinance was passed, approved, and adopted by the City Council of the~ty of Seal Beach at ame'eting , thereof held on the'1'?C>'~ day ofLL~~, 1967, by the following vote: AYES: ,councilmen~~",~;~<,~;n~, ~~trc, ,~ NOES: Councilmen ~ ABSENT: Councilmen '77~ " I