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HomeMy WebLinkAboutOrdinance-2004-1338 - CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ADAMS Council Bill No 24 Ordinance No. 1338 Series of 2004 TITLE: AN ORDINANCE AMENDING CHAPTER 22 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING THE SALES AND USE TAX WHEREAS, at the regular general election held on November 2, 2004, the electorate of the City approved an increase in the sales and use tax leVied by the City to three (3) percent; and WHEREAS, it is necessary to amend the Code of Laws to implement this electoral deCISion NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO. Section 1. Sales Tax. Section 22-56(a) of the Wheat Ridge Code of Laws is amended to read. Sec. 22-56 Schedule. (a) There is hereby imposed a sales tax on all sales and services not specifically exempted in sections 22-56 or 22-58, in the amount of two (2) THREE (3) percent of the purchase price The city considers each and every sale within the city to be taxable, unless the same is specifically exempted by this chapter In order to avoid fractions of pennies, the following brackets shall be applicable to all taxable transactions' (1) ON SALES AMOUNTING TO LESS THAN NINETEEN CENTS ($0.19), NO TAX; (2) On sales amounting to nineteen cents ($0 19) to and including eighty four cente ($0.81) FIFTY-ONE CENTS ($0,51) a tax of one cent ($0 01), (3) ON SALES AMOUNTING TO FIFTY-TWO CENTS ($0.52) TO AND INCLUDING EIGHTY-FOUR CENTS ($0.84) A TAX OF TWO CENTS ($0.02); GED\53027\489149 1 - -- (4) On sales amounting to eighty-five cents ($0.85) to and including one dollar ~lnd eighteen cents ($1.18) ($1.00) a tax of !we THREE cents ($0.02) ($0.03); (5) On sales in excess of one dollar ($1 00), the tax shall be two cents ($0.02) THREE CENTS ($0.03) on each full dollar of the sales price, plus the tax shown on the above schedule for the applicable fractional part of a dollar of each such sale price Section 2. Use Tax. Section 22-66(a) of the Wheat Ridge Code of Laws is amended to read: Sec. 22-66 Property subject to tax. (a) General intent; filing of return required. It is hereby declared to be the legislative purpose and intent of the city council that for the purposes of this article every person who, on and after the effective date of this chapter, stores, uses, distributes, consumes or receives a grant of a license to use within the city any article of tangible personal property purchased at retail, and not stored or distributed in the normal function of wholesaling, is exercising a taxable privilege and shall be taxed therefor in the amount of two (2) THREE (3) percent of the purchase price. It is hereby declared that every resident of the city or any person doing business within the city who purchases, leases or receives a grant of a license to use tangible personal property for use, storage or consumption within the city from sources outside the city and taxable hereunder, and who has not paid the city sales tax imposed by this chapter, shall make an application, file a return, and pay the tax to the city The use, storage, or consumption of tangible personal property includes, for the purpose of this chapter, materials, commodities and items of tangible personal property affixed to, or made a part of, facilities and structures on real property owned or leased within the city Section 3. Any reference in the Wheat Ridge Code of Laws to the (former) two (2) percent sales and use tax is hereby amended to refer to the (current) three (3) percent sales and use tax. GED\53027\489149 1 2 Section 4. 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 5. Effective Date This Ordinance shall take effect on January 1, 2005, as permitted by Section 5 11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to o on this 22 day of November , 2004, 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 December 13. 2004 , 2004, at 7 00 o'clock pm, in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 ,this 13th day of December , 2004 SIGNED by the Mayor on this First Publication November 25. 2004 Second Publication December 16, 2004 Wheat Ridge Transcript Effective Date January 1, 2005 GED\53027\489149 1 ,2004 3