HomeMy WebLinkAboutOrdinance-1969-0002 - Utility Company Business TaxBY COUNCILMAN Ray C. Pepe
ORDINANCE NO. 2
Series of 1969
A BILL FOR AN ORDINANCE CONCERNING REVENUE AND IMPOSING A BUSINESS
TAX ON CERTAIN UTILITY COMPANIES OPERATING WITHIN THE CITY OF WHEAT
RIDGE, PROVIDING FOR THE COLLECTION OF SAID TAXES AND PENALTIES WITH
RESPECT THERETO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE:
Section 1. Levy of Tax. There is hereby levied on and
against utility companies operating within the City of Wheat Ridge
a tax on the occupation and business of maintaining a telephone
exchange and lines connected therewith in the City of Wheat Ridge
and of supplying local exchange telephone service to the inhabitants
of the City. The amount of tax levied hereby shall be equal to
three percent of the gross revenues received by such utility company
arising from the supplying, furnishing, distributing, and selling
of local exchange telephone service within the corporate limits of
the City of Wheat Ridge, as now or hereafter established.
Section 2. Effective Date. The tax levied by this ordinance
shall commence on August 19, 1969, and shall be due and payable quarterly
to the City of Wheat Ridge.
Section 3. Filing Statement and Payment of Tax. Within
45 days after the end of each calendar quarter after the effective date
of the tax herein levied, each utility company subject to this ordinance
shall file with the City Clerk, in such form as the Clerk may require,
a statement showing the total gross receipts as prescribed in Section 1
of this ordinance during the preceding calendar quarter. Such statement
shall be accompanied by payment to the City of Wheat Ridge of the tax
due for the period covered by the statement.
Section 4. Failure to Pay. If any utility company subject
to the provisions of this ordinance shall fail to pay the taxes as
herein provided, the full amount thereof shall be due and collected
from such company, and the same, together with an addition of ten
percent of the amount of taxes due, shall be and hereby is declared to
be a debt due and owing from such company to the City of Wheat Ridge.
The City Attorney of the City of Wheat Ridge, upon the direction of the
City Council, shall commence and prosecute to final judgment and
determination in any court of competent jurisdiction an action at law
to collect the said debt in the name of the people of the State of
Colorado.
Section 5. Penalty Clause. If any officer, agent or manager
of a utility company which is subject to the provisions of this ordinance
shall fail, neglect, or refuse to make or file any quarterly statement
in the manner herein prescribed, the said officer, agent, manager, or
person shall, on conviction thereof, be punished by a fine of not less
than twenty-five dollars ($25.00) nor more than three hundred dollars
($300.00); provided, that each day after said quarterly statement shall
become delinquent during which the said officer, agent, manager, or person
shall so fail, neglect, or refuse to make and file such statement shall
be considered a separate and distinct offense.
Section 6. Inspection of Records. The City of Wheat Ridge,
its officers, agents, or representatives, shall have the right at all
reasonable hours and time to examine the books and records of the
utility companies which are subject to the provisions of this ordinance
and to make copies of entries or contents thereof.
- 2 -
Section 7. Local Purpose. The tax herein provided is
upon occupations and businesses in the performance of local functions
and is not a tax upon those functions relating to interstate commerce.
It is expressly understood that none of the terms of this ordinance
be construed to mean that any utility company providing telephone services
is issued a franchise by the City of Wheat Ridge.
Section 8. Exclusions. The provisions of this ordinance
shall not apply to any utility owned and operated by the City of Wheat
Ridge, or to any utility maintaining facilities within the City pursuant
to a franchise granted by the City.
Section 9. Dnergency Clause. The provisions of this ordinance
are necessary to the immediate preservation of the public health and
safety of the citizens of Wheat Ridge for the following reasons:
1. To allow governmental functions to begin on a sound
financial basis in the City of Wheat Ridge.
2. To permit utility companies to provide telephone service
to the inhabitants of the City of Wheat Ridge.
INTRODUCED, PASSED, ADOPTED AND ORDERED PUBLISHED on first
reading this 4th day of September, A. D. 1969.
PASSED, ADOPTED, AND ORDERED PUBLISHED on second and final
reading this 19th day of September, 1969.
rl"X(uz- C
Mayor
ATTEST:
City Clerk
~.na
3 _
CERTIFICATE OF POSTING
I, Louise F. Turner hereby certify that Ordinance # V was
duly posted by me following first reading on the day of
~g~TE a6Fe 1969,. at the following locations:
Wheat Ridge Post Office
Wheat Ridge Branch Library
Westridge Sanitation District Office
Wheat Ridge Fire Department
Prospect Valley Fire Department
Lakewood -Bonpie,Bonham Branch Library
I, Louise F. Turner hereby certify that Ordinance #~was
duly posted by me following second reading on they- 3,^ day of
SE4~~E.+ gE~ _ 1969, at the above listed locations.
.=1 1 1~ -
SEAL
ccaZ 7P
Louise F. Turner
City Clerk