HomeMy WebLinkAbout042 - 04/19/1988 - AMENDING CITY CODE RELATING TO THE GAS COMPANY OCCUPATION TAX ORDINANCE NO. 42, 1988
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE VI, CHAPTER 25 OF THE CODE OF
THE CITY OF FORT COLLINS RELATING TO
THE "GAS COMPANY OCCUPATION TAX"
WHEREAS, on September 15, 1987, the Council of the City of Fort
Collins created and established the "Gas Company Occupation Tax" (the
"Tax") , as set forth in Sections 25-343 through 25-354 of the Code of the
City; and
WHEREAS, in creating the Tax, the Council intended that the Tax
constitute an interim measure in anticipation of a negotiated franchise
with the Public Service Company of Colorado (the "Company") ; and
WHEREAS, it presently appears that no such franchise agreement shall
be reached in the immediately foreseeable future; and
WHEREAS, although the Tax as then established was properly calculated
for short-term purposes, the Council has determined that it is in the best
interests of the citizens of the City that the Tax be modified to reflect
an appropriate annual tax calculation.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1 . That the definition of taxable amount, in Section 25-344
of the Code of the City of Fort Collins, is hereby amended to read as
follows:
Taxable amount refers to the annual amount of the occupation
tax levied upon a gas company by this Article.
Section 2. That the following definition is hereby added to Section
25-344 of the Code of the City of Fort Collins , to be inserted
alphabetically and to read as follows:
Taxable year shall be the twelve (12) month period beginning
on May I of any year, and ending on April 30 of the next
succeeding year.
Section 3. That Section 25-345 of the Code of the City of Fort
Collins is hereby amended to read as follows:
(a) There is hereby levied upon every gas company that
operates within the city an occupation tax.
(b) The taxable amount shall be four hundred forty-five
thousand dollars ($445,000. ) each taxable year.
Section 4. That Section 25-346 of the Code of the City of Fort
Collins is hereby amended to read as follows:
Sec. 25-346. Time of payment of tax.
The occupation tax levied by this Article shall accrue
against each and every gas company and shall be payable in
monthly installments. Each installment shall be due and payable
by such company no later than the tenth day of each calendar
month. Any monthly installment not paid on the tenth day of each
calendar month shall be delinquent. The monthly installments
need not be equal and such company may make payments consistent
with applicable tariffs on file with the Colorado Public
Utilities Commission; provided, however, that no monthly
installment is less than sixteen thousand dollars ($16,000. ) for
the months of May, June, July, August, September and October, and
no monthly installment is less than forty-eight thousand dollars
($48,000. ) for the months of November, December, January,
February, March and April .
Section 5. That Section 25-349 of the Code of the City of Fort
Collins is hereby amended by lettering the existing subsection as (a) and
adding thereto the following as subsection (b) , which subsection shall
provide as follows:
(b) Each gas company which is subject to the provisions of
this Article shall provide to the city on or before March 1 and
September 1 of each year a report showing the following
information for the preceding twelve (12) months ended December
31 and June 30, respectively:
(1) The total gas volumes delivered to all customers
located within the city.
(2) A statement of the total dollar amount, if any,
surcharged by a gas , company pursuant to this tax.
Introduced, considered favorably on first reading, and ordered
published this 5th day of April , A.D. 1988, and to be presented for final
passage on the 19th day of April , A.D. 1988, and to become effective at
12:01 a.m. on the 1st day of May, A.D.D. 198�
Mayor
ATTEST:
QU,A City Cler
Passed and adopted on final reading thi ZZ)
April , A.D. 1988.
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MayorLm
City Clerk