HomeMy WebLinkAboutOrdinance-1997-1072
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER Dalbec
Council Bill No 8
Ordinance No. 1072
Series of 1997
TITLE
AN ORDINANCE REPEALING AND REENACTING CHAPTER 22, ARTICLE
III, OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE,
COLORADO, CONCERNING AN OCCUPATION AND BUSINESS TAX ON
BASIC TELECOMMUNICATIONS SERVICE
WHEREAS, providers of basic local telecommunications service are currently subject
to a business and occupation tax upon the business and occupation of providing basic local
exchange telephone service within the City and to the residents of the City The City enacted
such a tax in 1977 and has continuously maintained that tax, and
WHEREAS, the City recognizes that although the business of providing basic local
telecommunications service was once a monopoly service under state law, it is now a
competitive service under both state and federal law, and
WHEREAS, the City expects that in the future numerous companies may provide basic
local telecommunications service within Wheat Ridge, and
WHEREAS, there may be significant differences in the size of the basic local
telecommunications service providers operating within the City, and the City's business and
occupation tax should reflect such differences, and
WHEREAS, a business and occupation tax on providers of basic local
telecommunications service should be uniform and nondiscriminatory and should not create
barriers to entry into the business of providing basic local telecommunications service within
Wheat Ridge, and
WHEREAS, the business and occupation tax set forth in this Ordinance recognizes the
difference in size of the providers of basic local telecommunications service that may operate
within Wheat Ridge, is uniform, nondiscriminatory, and does not create barriers to entry, and
WHEREAS, the business and occupation tax set forth in this Ordinance is not a new
tax, or the extension of an existing tax or an increase in a tax, but is the reduction of an
existing tax to new entrants in order to eliminate a potential barrier to the entry of new
providers into the business of providing basIc local telecommunications service within the City,
and
WHEREAS, the tax provided in this Ordinance neither increases nor reduces the amount
of the tax levied against the incumbent provider of basic local telecommunications service, and
WHEREAS, this tax is nondiscriminatory to all providers of basic local
telecommunications service because it is based upon the relative number of lines each
company provides within the City
MHJ.S:~027' 172126.1
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, AS FOLLOWS
Section 1 Chapter 22, Article III, of the Code of Laws of the City of Wheat Ridge is
hereby repealed and reenacted to read as follows.
ARTICLE III. BASIC LOCAL TELECOMMUNICATIONS SERVICE
Section 22-100 Levy of tax
There is hereby levied a tax on and against each person, corporation or entity engaged
in the business or occupation of providing basic local telecommunications service within the
City of Wheat Ridge
Section 22-101 Definitions
For the purposes of this Article III, the following terms shall be construed as defined
herein
a "Basic Local Telecommunications Service" means the electronic or optical
transmission of information between separate points by prearranged means, which may
include the provision of a tone, or its functional equivalent, a local line or other transmission
path and such local usage as is necessary to place or receive a call Basic local
telecommunications service does not include long distance service, cellular service or mobile
radio telephone service However, the provision of cellular or mobile radio service to any
resident, business or other entity as its primary local telecommunications service shall be
deemed basic telecommunication service for the purpose of determining the applicability of
this business and occupation tax
b "Incumbent Basic Local Telecommunications Service Provider" or "Incumbent
Provider" shall be the company or entity providing Basic Local Telecommunications Service
within the City as of July 1, 1996
c "Line" shall mean a separate telephone number, except that, to the extent Basic
Local Telecommunications Service is provided through trunks, a Line shall mean a network
access register or its functional equivalent
c "New Basic Local Telecommunications Service Provider" or" New Provider"
shall be any company or entity other than the Incumbent Provider who enters into the business
of providing Basic Local Telecommunications Service in the City
Section 22-102. Local purpose
The tax provided in this article is upon the affected occupations and businesses in the
performance of local functions and is not a tax upon those functions relating to interstate
commerce
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Section 22-103 Amount and payment of tax.
The amount of the tax levied and payment of the tax shall be as follows
a The Incumbent Basic Local Telecommunications Service Provider shall pay one
hundred ninety thousand five hundred and seventy five dollars ($190,575 00)
as follows One hundred ninety thousand five hundred and seventy-five dollars
($190,575 00) shall be paid in twelve (12) equal monthly installments of fifteen
thousand eight hundred and eighty-one dollars and twenty-five cents
($15,881 25), each installment to be paid on the last business day of each
calendar month
b Each New Basic Local Telecommunications Service Provider shall pay a tax
based on a calculated fraction of the tax paid by the Incumbent Basic Local
Telecommunications Service Provider The amount shall be determined as
follows
(1) The Incumbent Provider Per Line Charge will be determined by dividing
the Incumbent Basic Local Telecommunications Service Provider Tax by
the number of customer lines provided by the Incumbent Basic Local
Telecommunications Service Provider within Wheat Ridge Expressed as
a formula, the ratio shall be as follows
Incumbent Provider Tax ($190,575.00)
No of Incumbent Provider Lines
New Provider Tax
- Number of New Provider Lines
(2) The tax paid by each New Basic Local Telecommunications Service
Provider shall be the Per Line Charge as defined through the above
formula multiplied by the number of Lines provided in Wheat Ridge by
the New Basic Local TelecommunicatIOns Provider
c Calculation of the tax paid by a cellular or mobile radio telephone service
provider shall be based only on the number of lines or the functional equivalent
actually used to provide Basic Local Telecommunications Service as described
in Section 22-101 above
d The amount of the tax levied against each New Basic Local Telecommunication
Service Provider shall be calculated each August and shall be effective on the
following January 1 and shall be payable in twelve (12) equal monthly
installments, each installment to be paid on the last business day of each
calendar month
Section 22-104 Failure to pay.
If any Basic Local Telecommunications Service Provider subject to this article fails to
pay the taxes as herein provided, the full amount thereof shall be due and collected from such
Provider, and the same, together with an addition of ten (10) percent of the amount of taxes
due shall be and is declared to be a debt due and owing from such Provider to the City
MHY,53(127 17212(; 1
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Section 22-105. Inspection of Records.
The City, its officers, agents or representatives, shall have the right at any reasonable
time to examine the books and records of the Basic Local Telecommunications Service
Providers which are subject to the provisions of tax imposed in this article and to make copies
of the entries or contents thereof
Section 22-106. Offenses and liabilities to continue
(a) All offenses committed and all tax liabilities incurred prior to the effective date
of this article pursuant to the prior versions of the telephone utility tax shall be and remain
unconditionally due and payable, and shall constitute a debt to the city, and shall be treated
as though all prior applicable ordinances and amendments thereto were in full force and effect
for the purpose of sustaining any proper suit, action or prosecution with respect to such
offenses and liabilities
Section 22-107. Tax in lieu of other occupation taxes.
The tax provided in this article shall be in lieu of all other occupation taxes or taxes on
the privilege of doing business within the city on any provider of Basic Local
Telecommunications Service subject to the provisions of this article
Section 2 Supersession Clause If any provision, requirement or standard established
by this Ordinance is found to conflict with similar provisions, requirements or standards found
elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the
date of adoption of this Ordinance, the provisions, requirements and standards herein shall
supersede and prevail
Section 3. Safety Clause The City Council hereby finds, determines, and declares that
this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that
it is promulgated for the health, safety, and welfare of the public and that this Ordinance IS
necessary for the preservation of health and safety and for the protection of public
convenience and welfare The City Council further determines that the Ordinance bears a
rational relation to the proper legislative object sought to be attained
Section 4 Severabilitv If any clause, sentence, paragraph, or part of this Ordinance
or application thereof to any person or circumstances shall for any reason be judged by a court
of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the
remainder of this Ordinance or its application to other persons or circumstances
Section 5 Effective Date This Ordinance shall take effect fifteen days after final
publication, as provided by Section 5 11 of the Charter
INTRODUCED, READ, AND ADOPTED on first reading by a vote of L to 0 on this
1 on day of February, 1997, 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 March 24, , 1997, at 7'00 o'clock pm, in the Council Chambers, 7500 West
29th Avenue, Wheat Ridge, Colorado
MH.J'o 53027' 172126_ 3
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READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote
of .JL. to ~, this 24th day of March , 1997
SIGNED by the Mayor on this 25thday of March
1997.
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DAN WILDE, MAYOR
ATTEST
ERK
APPROVED AS TO FORM BY CITY
AT/~-_
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GERALD E DAHL, CITY A HORNEY
1 st Publication. February 14, 1997
2nd Publication Anril 11. 1997
Wheat Ridge Transcript
Effective Date April 26, 1997
MH.I'~3(]27 1121/R 1
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