HomeMy WebLinkAbout056 - 08/03/1976 - CONCERNING REVENUE AND IMPOSING A BUSINESS AND OCCUPATION TAX ON ALL TELEPHONE UTILITY COMPANIES OPE 1 r
ORDINANCE NO 56 1976
BEING AN ORDINANCE CONCERNING REVENUE AND IMPOSING A
BUSINESS AND OCCUPATION TAX ON ALL TELEPHONE UTILITY
COMPANIES OPERATING WITHIN THE CITY OF FORT COLLINS,
PROVIDING FOR THE COLLECTION OF SUCH TAX AND PENALTIES
WITH RESPECT THERETO
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS
Section 1 Levy of Tax There is hereby levied against
every telephone utility company engaged in the business of
furnishing local exchange telephone service within the City
of Fort Collins (hereinafter the "City ) a tax on the privi-
lege of engaging in such business The amount of such tax
shall be $ 27 , 500 00 for the portion of 1976 remaining
after the effective date of this ordinance and $ 90 , 000 00
annually for each subsequent year
Section 2 Payment of Tax The tax levied by this
ordinance shall be due on the first day of January of each
year except the year 1976 The tax for years subsequent to
1976 shall be payable in twelve (12) equal monthly install-
ments each installment to be paid on the first business day
of each calendar month The tax for the remaining portion
of 1976 shall be due on the effective date of this ordinance
and shall be payable in equal monthly installments payable
on the first day of each calendar month commencing with the
first full month after the effective date of this ordinance
Section 3 Local Purpose The tax provided herein is
upon the affected occupations and business in their performance
of local functions and is not a tax upon those functions
relating to interstate commerce
Section 4 Failure to Pay If any telephone utility
company subject to this ordinance fails to pay any install-
ment of the taxes due under this ordinance on the date the
same is due, the entire unpaid portion of the annual tax
imposed herein shall immediately be due and payable in full
and the same shall bear interest at the rate of ten percent
(10%) per annum from the date of default of payment The
full amount of the tax, together with all interest accruing
thereon, shall be and is hereby declared to be a debt due
and owing from such utility to the City which shall be due
and collectible from such company by civil action in any
court of competent jurisdiction
Section 5 Prior Occupation Tax In enacting this
ordinance the City Council recognizes that an occupation
tax on the business of furnishing local exchange telephone
service within the City was previously imposed on Mountain
States Telephone and Telegraph Company by virtue of an
agreement for the payment of an occupation tax equal to two
percent (2%) of the gross exchange revenues within the City
of Fort Collins such agreement being evidenced by a resolu-
tion adopted by the City Council on April 3 1942 Any tax
owing by virtue of such agreement which accrued prior to the
effective date of this ordinance shall remain unconditionally
due and payable and shall constitute a debt owing to the
City payable in conformity with the terms and provisions of
the agreement as evidenced by the resolution referred to
above and all of the terms and provisions of said agreement
and of the resolution evidencing the same shall be and
remain in full force and effect for the purpose of the
collection and payment of any and all such taxes due and
payable thereunder notwithstanding the provisions of this
ordinance From and after the effective date of this ordinance,
the previous agreement for the payment of an occupation tax
and the resolution evidencing the same dated April 3, 1942
shall be cancelled and of no other force and effect and the
tax herein provided shall be in lieu of all other occupation
taxes on the privilege of doing business within the City of
Fort Collins on any telephone utility company, sub]ect to
the provisions of this ordinance
Section 6 Effective Date This ordinance shall take
effect on August 31 1976, and the first payment of the tax
levied by this ordinance shall be due on September 1, 1976
Introduced, considered favorably on first reading, and
ordered published this 20th day of July , A D
1976, and to be presented for final passage on the 3rd day
of August , A D 1976
ATTES Mayor
City Clerk \
Passed and adopted on final reading this 3rd day of
August , A D 1976
ATTEST May r
ZZ -in
ty Clerk
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