HomeMy WebLinkAbout173 - 12/18/1984 - PROVIDING FOR THE IMPOSITION OF AN ADDITIONAL TWENTY-FIVE HUNDREDTHS PERCENT (.25%) RETAIL SALES AND ORDINANCE NO. 173 , 1984
OF THE COUNCIL OF THE CITY 6F FORT COLLINS
PROVIDING FOR THE IMPOSITION OF AN ADDITIONAL
TWENTY-FIVE HUNDREDTHS PERCENT (.25%) RETAIL SALES
AND USE TAX TO BE EFFECTIVE JANUARY 1 , 1985
WHEREAS, heretofore, the City of Fort Collins did enact a two and
fifty hundredths percent (2. 50%) comprehensive retail sales and use tax,
which enactment is codified in Chapter 104 of the Code of the City of Fort
Collins; and
WHEREAS, by Resolution 84-32 , the Council of the City of Fort Collins
did refer a sales and use tax ordinance to the qualified electors of the
City for the construction and maintenance of a pool/ice rink facility as
defined herein; and
WHEREAS, on May 1 , 1984 , the qualified electors of the City of Fort
Collins did approve the imposition of an additional twenty-five hundredths
percent (. 25%) retail sales and use tax to begin on January 1 , 1985 and
continue through December 31 , 1989 , for the purpose of raising revenues
to construct and maintain a pool/ice rink facility.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Chapter 104 , Article I , Section 104-12 (M) of the
Code of the City of Fort Collins be, and the same hereby is, amended to
read as follows:
"M. Every retailer or vendor vending items of tangible
personal property through coin-operated vending machines
shall be exempt from the provisions of Section 104-13 (A)
and (B) and Section 104-14 of this Article, but neverthe-
less, such retailer or vendor shall pay a retail sales or
use tax of two and three-quarters percent (2.75%) of the
tangible personal property sold in excess of ten cents
so vended in the coin-operated machines, unless the sale
shall be otherwise exempt as provided in this Article. "
Section 2. The Chapter 104, Artice I , Section 104-13 (A) of the Code
of the City of Fort Collins be, and the same hereby is, amended to read as
follows:
"A. Every retailer or vendor shall , irrespective of the
provisions of Section 104-14 of this Article, be liable
and responsible for the payment of an amount equivalent
to two and three-quarters percent (2.7501) of all sales
made by him of commodities or services , as specified
in Section 104-11 of this Article and shall file a return
each month with the Director of Finance on or before the
20th day of each month for the preceding month and remit an
amount equivalent to said two and three-quarters percent
(2.75%) of such sales to the Director of Finance, less
three percent (3%) of the sum so remitted to cover expenses
of collection and remittance of the tax."
Section 3. That Chapter 104, Article I, Section 104-14 (A) of the
Code of the City of Fort Collins be, and the same hereby is, amended to
read as follows:
"A. There is hereby imposed a tax upon all sales of
commodities therefrom as specified in Section 104-12, at
the rate of two and three-quarter percent (2.75%) of the
amount of the sale to be computed in accordance with
schedules or systems approved by the Director of Finance.
Said schedules or systems shall be designed so that no such
tax shall be charged on any sale of seventeen cents
($0.17) or less."
Section 4. That Chapter 104, Article I, Section 104-14 (B) of the
Code of the City of Fort Collins be, and the same hereby is, amended to read
as follows:
"B. Except as provided in subsection (C) below, retailers
shall add the tax imposed hereby, or the average equivalent
thereof, to the sale price or charge showing such tax
as a separate and distinct item and, when added, such
tax shall constitute a part of such price or charge
and shall be a debt from the consumer or user to the
retailer until paid and shall be recoverable at law
in the same manner as other debts. The retailer shall
be entitled, as collecting agent of the City, to apply
and credit the amount of his collection against the
two and three-quarters percent (2.75%) rate to be paid
by him under the provision of Section 104-13, remitting
any excess of collections over said two and three-quarters
percent (2.75%) , less the three percent (3%) collection
expense allowance, to the Director of Finance in the
retailer' s next monthly sales tax return."
Section 5. That Chapter 104, Article I, Section 104-20 of the Code of
the City of Fort Collins be, and the same hereby is, amended to read as
follows:
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"If any vendor shall , during any reporting period , collect
as a tax an amount in excess of two and three-quarters
percent (2. 75%) of his total taxable sales, he shall remit
to the City of Fort Collins the full net amount of the tax
herein imposed and also such excess. The retention by the
retailer or vendor of any excess tax collections over two
and three-quarters percent (2. 750) of the total taxable
sales of such retailer or vendor, or the intentional
failure to remit punctually to the Director of Finance the
full amount required to be remitted by the provisions
of this Article, is hereby declared to be a violation of
this Article. "
Section 6. That Chapter 104, Article II , Section 104-23 (B) of the
Code of the City of Fort Collins be, and the same hereby is, amended to
read as follows:
"B. The amount of the tax hereby levied is two and three-
quarters percent (2. 750) of the purchase price as herein
defined of such tangible personal property, such subject
only to Section 104-25 (C) hereof. "
Section 7. That Chapter 104 , Article II , Section 104-24 (M) of the
Code of the City of Fort Collins be, and the same hereby is, amended to
read as follows:
"M. Tangible personal property upon the sale of which a
retail sales tax at a rate equal to or greater than two and
three-quarters percent (2. 75%) has been imposed and col-
lected by a municipal corporation organized and existing
under the authority of Article XX of the Constitution of
the State of Colorado. If the rate of retail sales tax
paid to such municipal corporation is less than two and
three-quarters percent (2.75%) , the difference between the
tax due under this Article, as computed in accordance with
the formula set forth in Section 104-25 of this Article,
and the tax computed at the rate of such other retail sales
tax shall be paid to the Director of Finance. "
Section 8. That Chapter 104, Article II , Section 104-25 (D) of the
Code of the City of Fort Collins be, and the same hereby is, amended to
read as follows:
"D. Every retailer or vendor shall add the tax imposed
by Section 104-23 of this Article or the average equivalent
thereof, as set forth in subsection (C) of this section;
provided, however, that every retailer or vendor shall ,
irrespective of subsection (C) of this section, be liable
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and responsible to the City for the payment, on a monthly
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basis, of an amount equivalent to two and three-quarters
percent (2. 75%) of all of his gross taxable sales , as
herein defined, of the tangible personal property used ,
stored, distributed or consumed in the City, as specified
in said Section 104-23 of this Article, three-quarters
percent (2. 75%) arising by the use of the bracket system
provided in subsection (C) of this section, less three
percent (3%) of such amount to cover the retailer' s or
vendor' s costs in the collection and remittance of said
tax. "
Section 9. That Chapter 104 , Article II , Section 104-41 of the Code
of the City of Fort Collins be, and the same hereby is, amended to read as
follows:
"If any vendor shall , during any reporting period, collect
as a tax an amount in excess of two and three-quarters
percent (2. 75%) of his total taxable sales , he shall
remit to the Director of Finance the full net amount
of the tax herein imposed and also such excess. The
retention by the vendor of any excess of tax collections
over two and three-quarters percent (2.75%) of the total
taxable sales of such vendor, or the intentional failure to
remit punctually to the Director of Finance the full amount
required to be remitted by the provisions of this Article,
is hereby declared to be a violation of this Article. ".
Section 10. That the amendments as set forth in Sections 1 through 9
above shall take effect at 12:01 A.M. on January 1 , 1985 , and shall remain
in effect until 11 :59 P.M. on December 31 , 1989, at which time the tax as
established hereby shall be reduced by twenty-five hundredths percent
(. 25%). All taxes collected pursuant to the amendments as set forth in
Sections 1 through 9 above (the . 25% tax increase) shall be limited in
their application to expenditures for the financing, construction, acquisi-
tion, and operation of a municipal indoor pool and ice rink as set forth in
Ordinance No. 29, 1984 approved by the people in a Special Election held on
May 1 , 1984. Except as provided above in this section, all other provi-
sions of Chapter 104, as amended hereby, shall continue in effect until
otherwise rescinded or modified by action of the Council of the City of
Fort Collins.
Introduced, considered favorably on first reading , and ordered pub-
lished this 4th day of December, A.D. 1984 and to be presented for final
passage on the 18th day of December, A.D. 1984.
Mayor
ATTEST:
rkCity Clerk v
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Passed and adopted on final reading this 18th day of December
A.D. 1984.
Mayor
ATTEST:
2
City Clerk
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