HomeMy WebLinkAboutOrdinance 1633CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER URBAN
COUNCIL BILL NO. 21
ORDINANCE NO. 1 633
Series 2017
TITLE: AN ORDINANCE AMENDING SECTION 22-66 OF THE
WHEAT RIDGE CODE OF LAWS REGARDING USE TAX
APPLIED TO CONSTRUCTION EQUIPMENT AND CREDIT
FOR SALES OR USE TAX PREVIOUSLY PAID TO
ANOTHER MUNICIPALITY
WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a Colorado home rule
municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado
Constitution; and
WHEREAS, pursuant to its home rule authority, the City is empowered to impose and
collect sales and use taxes, a power the City Council ("Council") has exercised through the
adoption of Chapter 22 of the Wheat Ridge Code of Laws ("Code"); and
WHEREAS, in November of 2016, City electors approved an increase in the rate of both
sales and use taxes, from three percent (3%) to three and one-half percent (3.5%), for each
respective tax; and
WHEREAS, in order to codify the approval granted by the voters, the Council amended
section 22-56 and section 22-66 of the Code by Ordinance No. 1614 on February 27, 2017, to
increase the respective sales and use tax rates as a general matter; and
WHEREAS, the Council finds that certain amendments to Section 22-66 of the Code are
necessary to make corollary amendments to references to those tax rates elsewhere.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WHEAT RIDGE, COLORADO:
Section 1. Subsection ( d) of Section 22-66 of the Code is hereby amended as follows:
( d) Use tax applied to construction equipment. Proration of the use tax shall
be applied to construction equipment as follows:
(1) Construction equipment located within the boundaries of the city
for more than thirty (30) consecutive days shall be subject to the
full applicable use tax of the city.
(2) Construction equipment which is located within the boundaries of
the city for thirty (30) consecutive days or fewer shall be subject to
the city's use tax as follows: the purchase price of the equipment
shall be multiplied by eight and three-tenths (8.3) percent, the
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result of which shall be multiplied by three AND ONE-HALF
(3.5) percent, the result of which shall be the amount of use tax
due.
(3) Where the provisions of subsection (d)(2) of this paragraph are
utilized, the credit provisions of this section shall apply at such
time as the aggregate sales and use taxes legally imposed by and
paid to other statutory or home rule municipalities on any such
equipment equal to three AND ONE-HALF (3.5) percent. In order
to avail itself of these procedures, the taxpayer shall:
a. Prior to or on the date the equipment is located within the
boundaries of the city, the taxpayer shall file with the city
an equipment declaration on a form provided by the city.
Such declaration shall state the dates on which the
taxpayer anticipates the equipment will be located within
and removed from the boundaries of the city, shall include
a description of each such anticipated piece of equipment,
and shall include such other information as reasonably
deemed necessary by the city.
b. The taxpayer shall file with the city an amended
equipment declaration reflecting any changes in the
information contained in any previous equipment
declaration no less than once every ninety (90) days after
the equipment is brought into the boundaries of the city
or, for equipment which is brought into the boundaries of
the city for a project of less than ninety-days duration, no
later than ten (10) days after substantial completion of the
project.
c. The credit provisions of subsection ( e) shall not apply.
Section 2. Subsection (e) of Section 22-66 of the Code is hereby amended as follows:
( e) Credit for sales or use tax previously paid to another municipality.
(1) The city's sales and use tax shall not apply to the storage, use or
consumption of any article of tangible personal property the sale or
use of which has already been subjected to a sales or use tax of
another statutory or home rule municipality legally imposed on the
purchaser or user equal to or in excess of three AND ONE-HALF
(3.5) percent. A credit shall be granted against the city's use tax
with respect to the person's storage, use or consumption in the city
of tangible personal property, the amount of the credit to equal the
tax paid by him by reason of the imposition of a sales or use tax of
the previous statutory or home rule municipality on his purchase or
use of the property. The amount of the credit shall not exceed three
AND ONE-HALF (3.5) percent.
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(2) Credit shall not be given for use tax or warehouse tax paid to
another jurisdiction if such tax was improperly assessed or
imposed by the other jurisdiction.
(3) Credit shall not be given for funds paid to another taxing
jurisdiction for any type of permit or licensing fee.
Section 3. Severabilitv, Conflicting Ordinances Repealed. If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise
invalid, the validity of the remaining sections, subsections and clauses shall not be affected
thereby. All other ordinances or parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
Section 4. Effective Date. This Ordinance shall take effect upon adoption and
signature by the Mayor and City Clerk, as permitted by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on this
27th day of November, 2017, ordered published in full in a newspaper of general circulation in
the City of Wheat Ridge, and Public Hearing and consideration on final passage set for
December 11, 2017 at 7:00 p.m. in the Council Chambers, 7500 West 29th Avenue, Wheat
Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of_6_ to _1_, this ~day of December , 2017.
ATTEST:
First Publication: November 30, 2017
Second Publication: December 14. 2017
Wheat Ridge Transcript
Effective Date: December 11, 2017
Published:
Wheat Ridge Transcript and www.ci.wheatridge.co.us
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