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HomeMy WebLinkAboutOrdinance-1976-0215 - Repeal WR Ord 2 - Tax on Telphone Utility CompaniesORDINANCE NO. 215 SERIES OF 1976 INTRODUCED BY COUNCILPERSON Joseph Donaldson TITLE. AN ORDINANCE REPEALING ORDINANCE NO. 21 SERIES OF 1969, AND CONCERNING REVENUE AND IMPOSING A BUSINESS AND OCCUPATION TAX ON TELEPHONE, UTILITY COMPANIES OPERATING WITHIN THE CITY OF WHEAT RIDGE; PROVIDING FOR THE COLLECTION OF SAID TAXES AND FOR PENALTIES WITH RESPECT THERETO. WHEREAS, the operations of telephone utilities involve substantial use of the public streets and rights-of-way, frequent excavations in the public streets and rights-of- way, and the regular installation, maintenance and repair of many poles, lines and cables in, under, and above the public streets and rights-of-way; and WHEREAS, the operations of telephone utilities place a substantial burden on the City in its efforts to provide for the public safety, and efficiently maintain and administer the public streets and rights-of-way; and, WHEREAS, considering the nature of telephone utilities and the burdens placed by such utilities on the City, the classification of such utilities separately from other businesses and occupations is reasonable and nondiscriminatory; and WHEREAS, the City Council of the City of Wheat Ridge is authorized to impose taxes on the privilege of engaging in occupations or businesses solely for the purpose of raising revenue; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. LEVY OF TAX There is hereby levied against every telephone utility which is engaged in the business of furnishing local exchange telephone service within the Citv of Wheat Ridge, a tax on the privilege of engaging in such business. The amount of such tax shall be $70,400.00 for ORDINANCE NO. 215 the portion of 1976 remaining after the effective date of this ordinance, and $ 85,000.00 annually for each subsequent year. Section ? PAYMENT OF TAN The tax levied by this ordinance shall be due on the first day of January of each year except the year 1976. The tax shall he payable for years subsequent to 1976 in twelve equal monthly installments, each installment to be paid on the last business clay of each calendar month. The tax for the remaining portion of 1976 shall be due on August 1st , 1976, and shall be payable in 5 equal monthly installments, payable on the last business day of each calendar month. Section 5. INSPECTION OF RECORDS. The City of Wheat Ridge, its officers, agents or representatives shall have the right at any reasonable time, to examine the books and records of any telephone utility which is subject to the tax imposed by this ordinance, and to make copies of the entries or contents thereof. Section 4. LOCAL PURPOSE The tax provided herein is upon the affected occupations and businesses in their performance of local functions and is not a tax upon those functions relating to interstate commerce. Section 5. FAILURE TO PAY. If any telephone utility subject to this ordinance fails to pay the taxes as provided herein, the full amount thereof shall be due and collected from such company, and the same, together with an addition of ten percent (100) of the amount of taxes due, shall be and is hereby declared to be a debt due and owing from such utility to the City of Wheat Ridge. Section 6. CERTAIN OFFENSES AND LIABILITIES TO CONTINUE. All offenses committed and all liabilities incurred prior to the effective date of this ordinance shall be treated as though all prior applicable ordinances and amendments thereto were in ORDINANCE NO. 215 full force and effect for the purpose of sustaining any proper suit, action or prosecution with respect; to such offenses and liabilities. All taxes, the liability for which has been accrued under the terms and provisions of Ordinance No. 2, Series of 1969, on or before the effective date of this ordinance, shall be and remain unconditionally due and payable, and shall constitute a debt to the City of Wheat Ridge, payable in conformity with the terms and provisions of said Ordinance No. 2, Series of 1969 prior to the adoption of this ordinance; and all of said terms and provisions of Ordinance No. 2, Series of 1969 shall be and remain in full force and effect for the purpose of the collection and payment of any and all such taxes due and payable there- under, notwithstanding the provisions of this ordinance. Section 7. TAX IN LIEU OF OTHER OCCUPATION TAXES. The tax herein provided shall be in lieu of all other occupation taxes, or taxes on the privilege of doing business within the City of Wheat Ridge, on any telephone utility subject to the provisions of this ordinance. Section 8. REPEAL. This Ordinance shall repeal Ordinance No. 2, Series of 1969, subject however to the provisions of Section 6 of this enacting ordinance. Section 9. E"ECTIUE DATE. This ordinance shall take effect on August 1, 1976 and the first payment of the tax levied by this ordinance shall be due on August 1, 1976 . Section 10. EMERGENCY CLAUSE. This Ordinance is necessary for the health and welfare of the citizens of the City of Wheat Ridge, Colorado for the following reasons: 1. The existing Ordinance No. 2, Series of 1969, may be in conflict with State of Colorado Law. 2. The City of Wheat Ridge, Colorado based part of its 1976 budget on the revenue to be gained as the result of the enactment of Ordinance No. 21 Series of 1969. 3. That the financial needs of the City of Wheat Ridge, Colorado require this enacting Ordinance to be effective as quickly and as orderly as possible. READ, ADOPTED AND ORDERED PUBLISHED on first reading by a vote of 6 to 0 , this 12th day of July , 1976. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of a to U , this 26th day of July , 191b. Signed by Mayor rank Stites on the 28th day of Uuly , 1976. ATTEST: Frank Stites, Mayor Eli-se- Brougham, City Clerk -3- r F'TTI rc '1F ~[1`-'fINI, 7 LI T iF:i t jHijM -r'F t~L ,CC-L)`;I "I'DI NAW-r !.)F )l iI V f'; iNL uF r ) ~I `HF I1;IN,} P T F!j(~il. .r. 1~i'; THE TIt- , ?H4 0111, I fs !,Cl P111.' r I a~, B J A`_ ~1 °I p;! al I`,JjF0 Tni ,t,~ nT FiTnGF f-TNV?r,~~ Tr;I- ~qii~ ~GY Clr lul`'r iq r EL.IS Rni.': Are, CiTV CLETiF,