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HomeMy WebLinkAboutOrdinance-1977-0251INTRODUCED BY COUNCILMAN HOWARD ORDU%ANCN NO. 251 Series of 1977 TITLE: AN ORDINANCE REPEALING SECTIONS 21-6, 21-7, 21-8, 21-9, 21-10, 21-11, 21-12, ARTICLE II. UTILITIES TAX, CHAPTER 21, OF THE CODE OF LAWS OF THE CITY OF GTzEAT RIDGE, 1976 EDITION AS AMENDED, AND CONCERNING REVENUE AND IMPOSING A BUSINESS AND OCCUPATION TAX Oi; 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 nondis- criminatory; and 6KREREAS, 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 THF. 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 City of Wheat Ridge, a tax on the privilege of engaging in such business. The amount of such tax shall be s87,600 for the year of 1978. Section 2. PAYMENT OF TArZ. The tax levied by this Ordinance shall be due on the first day of January 1973. The tax shall be payable in twelve (12) equal monthly install- ments, each installment to be paid on the last business day of each calendar month. Section 3. 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 tine tar, imposed by this Ordinance, and to make copies of the entries or contents thereof. Ordinance No. 251 Page -2- Series of 1977 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 (10%) 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 appli- cable ordinances and amendments thereto were in full force and effect for the purpose of sustaining any property 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 Sections 21-6, 21-7, 21-8, 21-9, 21-10, 21-11, 21-12, Article II, Chapter 21, of the Code of Laws of the City of Wheat Ridge, 1976 Edition as Amended, 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 Sections 21-6, 21-7, 21-8, 21-9, 21-10, 21-11, 21-12, Article II, Chapter 21, prior to the adoption of this Ordinance; and all of said terms and provisions of said Sections 21-6, 21-7, 21-8, 21-9, 21-10, 21-11, 21-12, Article II, Chapter 21, of the Code of Laws of the City of Wheat Ridge, 1976 Edition as Amended, 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 thereunder, 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 Sections 21-6, 21-7, 21-8, 21-9, 21-10, 21-11, 21-12, Article II, Chapter 21, of the Code of Laws of the City of Wheat Ridge, 1976 Edition as Amended, subject, however, to the provisions of Section 6 of this enacting Ordinance. Section 9. EFFECTIVE DATE This Ordinance shall take effect on January 1, 1978, and the first payment of the tax levied by this Ordinance shall be due on. January 31, 1978. Ordinance No. 25I _ Page -3- Series of 1977 READ, ADOPTED, AND ORDERED PUBLISHED on first reading by a vote of _6 to 0 on this 14th day of November A . D. 1977. - - - - READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a vote of 6 to 0 on this _ 28th day of November A. D. 1977. FRANK STITES, MAYOR ATTEST: CAROL F. 1IAi,1PF, CITY CLERK