HomeMy WebLinkAboutOrdinance-1976-0197 - Amend WR Ord 135 - Use Tax & Increasing Use TaxIntroduced by Councilman Calvin Hulsey
ORDINANCE NO. 197
Series of 1975
TITLE: AN ORDINANCE AMENDING ORDINANCE NO. 135, SERIES OF 1973,
AND INCREASING THE USE TAX COLLECTED BY THE CITY BY ADOPTING AN ADD-
ITIONAL ONE PERCENT USE TAX FOR THE CITY OF WHEAT RIDGE, COLORADO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, THAT:
Section One. Section One of Ordinance No. 135, Series of 19731
of the City of Wheat Ridge, Colorado, shall be and hereby is amended
to read as follows:
A use tax shall be imposed only for the privilege
of storing, using or consuming in the City, any
construction and building materials and motor
vehicles and other vehicles on which registration is
required, purchased at retail. The use tax herein
adopted shall not apply to those items set; out in
29-2-109 C.R.S. 1973, as not being taxable.
(a) To the storage, use, or consumption of any tangible
personal property the sale of which is subject to a
retail sales tax imposed by the city or town;
(b) To the storage, use, or consumption of any
"angible personal property purchased for resale in
the city or town, either in its original form or as an
ingredient of a manufactured or compounded product, in
the regular course of a business;
(c) To the storage, use, or consumption of tangible
personal property brought into the city or town by a
nonresident thereof for his own storage, use, or con-
sumption while temporarily within the city or town;
(d) To the storage, use, or consumption of tangible
personal property by the United States Government, or
the State of Colorado, or its institutions, or its
political subdivisions in their government capacities
only or by religious or charitable corporations in
the conduct of their regular religious or charitable
functions;
(e) To the storage, use, or consumption of tangible
personal property by persons engaged in the business
of manufacturing or compounding for sale, profit, or
use any article, substance, or commodity, which
tangible personal property enters into the processing
of or becomes an ingredient or component part of the
product or service which is manufactured, compounded,
or furnished and the container, label, or the furnished
shipping case thereof;
(f) 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 county, city, or town equal to or in excess of
that; imposed by this article. A credit shall be granted
against the use tax imposed by this article with respect
to a persons' storage, use, or consumption in the city
or town of tangible personal property purchased by
him elsewhere. The amount; of the credit shall be
Ordinance No. 197 - Continued
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equal t:o i;he t;ax paid by him by reason of the im-
position of a sales or use tax of another couni,y,
cir,V, or wwn on his puruhcse or use of the proper'-;y.
The amount of !,he credit shall not exceed the t:ax
imposed by this article.
(g) To the storage, use, or consumption of t;angihle
personal property and household effects acquired out-
side of f-he city or town and brought; into it, by a
non-resident; acquiring residency;
(h) To the storage or use of a motor vehicle if f-he owner
is or was, at the time of purchase, a non-resident
of the city or town and ne purchased the vehicle outside of
the city or town for use outside the city or town and actually
so used it for a substantial and primary purpose for which
it was acquired and he registered, titled, and licensed
said motor vehicle outside of the city or town.
(i) To the stroage, use, or consumption of any con-
struction and building materials and motor and other
vehicles on which registration is required, if a written
contract for the purchase thereof was entered into
prior to the effective date of such use tax.
(j) To the storage, use, or consumption of any con-
struction and building materials required or made
necessary in the performance of any construction con-
tract bid, let, or entered into at any time prior to
the effective date of such use tax ordinance or proposal.
Section Two. Section Two of Ordinance No. 135, Series of 1973,
of the City of Wheat Ridge, Colorado, shall be and hereby is amended
to read as follows:
The collection of use tax relating to motor or other vehicles
shall be collected as set out in 39-26-208 C.R.S. 1973.
The collection of use tax for all other items allowed in
Section 1 of this ordinance shall be administered by
The City Treasurer and shall be collected at the time
permits are issued for building and construction by the
City Building Department. The person applying for the
applicable permit shall be responsible for payment of
the tax. Any credits claimed by applicant under the
provisions of Section 1 above must be made by applicant in
writing with documentation to support the claim.
For the purpose of this section, forty (40%) percent of the
valuation of the improvement as stated on the permit shall
be deemed to be the sale value of the construction and
building materials stored, used or consumed therein and
subject to the provisions of Section 4 of this Ordinance.
Section Three. Section Four of Ordinance No. 135, Series of
1973, of the City of Wheat Ridge, Colorado, shall be and hereby is
amended to read as follows:
Should a dispute arise as to the value of construction or
building materials under the provisions of Section 2, or
the application for a credit to be applied against the use
tax as provided in Section 1, the person applying for the
permit shall nevertheless pay the tax under I:he provisions
of Section 4. He may then apply to the City Treasurer,
stating the basis of his claim on forms provided by
the City Treasurer. II shall then be the duty of the
City Treasurer to determine f,he question of adjustment,
and make such adjustments as I-he Treasurer deems necessary.
Ordinance No. 197 - Continued
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Section Four. Section Three of Ordinance No. 135, Series of
1973, of the City of Wheat Ridge, Colorado, shall be and hereby is
amended to read as follows:
Amount of Sale Tax
$0.01 including $0.18 No tax
$0.19 including $1.00 2¢
On sales in excess of $1.00, the tax shall be two percent on
each full dollar of the sales price, plus t;he tax shown in the above
schedule for the applicable fraction part of a dollar of each such
sales price.
Section Five. Penalty
provision of this ordinance
and upon conviction thereof
three hundred ($300.00) dol
exceeding ninety (90) days,
Every day of such violation
Clause. Any person who violates any
shall be guilty of a misdeameanor
shall be punished by fine not exceeding
Lars or by imprisonment for a period not
or both such fine and imprisonment.
shall be construed a separate offense.
Section Six. Emergency Clause. The provisions of this
ordinance are necessary for the immediate preservation of the puhlic
health and safety of the citizens of Wheat Ridge, Colorado for the
following reasons:
(1) There is an urgent need for additional revenues for
the fiscal year, January 1, 1976 through December 31, 1976.
(2) That the citizens of the City of Wheat Ridge, Colorado,
at the general election scheduled on November 4, 1975, approved
an additional one (1%) percent sales tax tobe assessed on all sales
occurring within the City of Wheat Ridge, Colorado.
(3) That the use tax authorized by the statutes of the
State of Colorado, should be in conformity with the sales tax imposed
by the City of Wheat Ridge, Colorado.
(4) That the City Council of the City of Wheat Ridge,
feels that fairness dictates that the use tax and sales tax be
applied in an equal and just manner.
Section Seven. Effective Date. This ordinance shall take
effect and be in force five (5) days after publication following
final passage, providing it shall have been passed by an affirmative
vote of three-fourths of the members of the City Council; otherwise
said ordinance shall take effect thirty (30) days after publication
following final passage. In no case, however, shall said ordinance
take effect prior to the first day of January, 1976.
INTRODUCED, READ, ADOPTED AND ORDERED PUBLISHED on first
reading by a vote of 5 to 1 , this 15th day of
December, 1975.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading
by a vote of 5 to 1 this 12th day of January , 1976.
ATTEST:
Frank Stites, Mayor
Elise brougham, City Clerk
ORDINANCE 197 PAGE 4
ELISE MCMILLEN BROUGHAM FRANK STITES
CITY CLERK MAYOR
COUNCILMEN
JOSEPH M. DONALDSON
LAWRENCE G. MERKL
ROBERT G. HOWARD
CALVIN 0. HULSEY
MARY JO CAVARRA
LOUISE F TURNER
January 13, 1976
The City of
Wheat Ridge
7470 VIEST 39TH .AVENUE
WHEAT RICGE, CGLO 80033
TELEPHONE 303/421-8480
Department of Revenue
State of Colorado
Sales and Use Tax Division
State Capitol Annex
Denver, CO 80203
Gentlemen:
JAMES0 MALONE
CITY TREASURER
This is to inform you that the City Council of the City of Wheat Ridge
has adopted Ordinance No. 197 increasing the City's Use Tax from one
per cent (1%) to two per cent (2%). The Ordinance is effective five
days after second publication; therefore, the effective date will be
January 26, 1976.
To facilitate administration, it is suggested that collections at the
2% level commence February 1, 1976.
A certified copy of Ordinance No. 197 is enclosed for your records.
In accordance with the above, please increase the collection of Use
Tax for the City of Wheat Ridge from 1% to 2% beginning February 1,
1976.
Sincerely,
Frank Stites
Mayor
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City Clerk
City Treasurer
City Council
Jefferson County Clerk
Dept, of Revenue, Jefferson County
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CERTIFICATION OF PUBLISHING
I, Elise Brougham, hereby certify that Ordinance 197 was r!uly
published in thR Denver Post on the 24th day of December, I975
after first reading.
if Elise Brougham, herebv certify that Ordinance 197 was duly
published in the Denver Post an the 21st day of December, 1975
after second reading.
EL:1EE BROUGHAM,CITY CLERK