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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. �� MayorLm City Clerk