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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: -2- "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 -3- and responsible to the City for the payment, on a monthly P Y 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 -4- Passed and adopted on final reading this 18th day of December A.D. 1984. Mayor ATTEST: 2 City Clerk -5-