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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 -2-