HomeMy WebLinkAbout113 - 10/19/1982 - PROVIDING FOR IMPOSITION OF AN ADDITIONAL SEVENTY-FIVE HUNDREDTHS PERCENT (.75%) RETAIL SALES AND US ORDINANCE NO 113 , 1982
OF THE COUNCIL OF THE CITY—OF FORT COLLINS
PROVIDING FOR IMPOSITION OF AN ADDITIONAL SEVENTY-FIVE
HUNDREDTHS PERCENT ( 75%) RETAIL SALES
AND USE TAX TO BE EFFECTIVE DECEMBER 1, 1982
WHEREA heretofore, the City of Fort Collins did enact a two and
twenty-five ndredths percent comprehensive retail sales and use tax,
which enac en is codified in Chapter 104 of the Code of the City of
Fort Collins, an
WHEREAS, it a ears to the Council of the City of Fort Collins that
an additional Seven -Five Hundredths Percent ( 75%) retail sales and use
tax will be necessary to provide the financing for the City' s existing and
projected capital requi ements, and
WHEREAS, the Counci of the City of Fort Collins wishes to impose
a retail sales and use tax n the amount of seventy-five hundredths percent
( 75%) , said seventy-five h dredths percent ( 75%) to be in addition to
the two and twenty-five hun edths percent (2 25%) presently imposed by
§104-23B of the Code of the Cit of Fort Collins
NOW, THEREFORE, BE IT ORDAI D BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows
Section 1 That Article I, Secti n 104-12 (M) of the Code of the City
of Fort Collins be, and the same here is, amended to read as follows
"M Every retailer or vendor ve ding items of tangible
personal property through in operated vending
machines shall be exempt fro the provisions of
Section 104-13 (A) and (B) an Section 104-14 of
this Article, but nevertheless, such retailer or
vendor shall pay a retail sale or use tax of
three percent (3%) of the tan ible personal
property sold in excess of ten cent so vended in
the coin operated machines unless th sales shall
be otherwise exempt as provided in th Article "
Section 2 That Article I, Section 104-13 (A) of t e Code of the City
of Fort Collins be, and the same hereby is, amended to ead as follows
"A Every retailer or vendor shall , irrespectiv of
the provisions of Section 104-14 of this Artic e,
be liable and responsible for the payment
an amount equivalent to three percent (30) of all
sales made by him of commodities or services ,
De4eated 3/ S/ 83
Elecfl on as 0-
Re-Fe.r r e-J ()rcl 1'rA OLyxCe
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 three percent (3%) of such sales to the
Director of Finance Every retailer or vendor may
deduct three percent of the amount of the tax to be
paid by him under this Article to cover his ex-
penses of collection and remittance of the tax "
Section 3 That 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 and services specified in Section
104-11 and not exempt therefrom, as specified
in Section 104-12, at the rate of three percent
(3%) 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 (50 17) or
less "
Section 4 That 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 recov-
erable 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 three percent
(3%) rate to be paid by him under the provisions of
Section 104-13, remitting any excess of collections
over said three percent (3%) , 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 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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1104-20 Excess Collections, Failure to Pemit Col-
lection
If any vendor shall , during any reporting period,
collect as a tax an amount in excess of three percent
(3%) 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 three percent (3%) 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 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 fol-
lows
"B The amount of the tax hereby levied is three
percent (3%) of the purchase price as herein
defined of such tangible personal property, such
subject only to Section 104-25 (C) hereof "
Section 7 That 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 fol-
lows
"M Tangible personal property upon the sale of which
a retail sales tax at a rate equal to or greater
than three percent (3%) has been imposed and
collected 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 cor-
poration is less than three percent (3%) , 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 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 fol-
lows
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"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 subsec-
tion (C) of this section, be liable and respon-
sible to the City for the payment, on a monthly
basis, of an amount equivalent to three percent
(3%) 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,
and also any excessive collections over said three
percent (3%) 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 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
"Section 104-41 Excess Collections, Failure to Remit
Collections
If any vendor shall , during any reporting period,
collect as a tax an amount in excess of three percent
(3%) 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 three
percent (3%) 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 made to Sections 1 through 9 above
shall take effect at 12 01 A M on December 1, 1982, and shall remain
in effect until otherwise rescinded or modified by action of the City
Council of the City of Fort Collins
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Introduced, considered favorably on first reading, and ordered pub-
lished this 5th day of October, A D 1982, and to be presented for final
passage on the 19th day of October ,, A D 1982
Mayor
ATTEST
� naz
City Cler
1982 Passed and adopted on final reading this lath day of October A D
Mayor
ATTEST
%O�ML�� -N"" -
City Clerk
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