HomeMy WebLinkAbout1976 Ordinance No. 035•' . ~
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INTRODUCED AS A BILL BY COUNCILMAN MANN/BROWN
BY AUTHORITY
ORDINANCE NO. 35 , SERIES OF 1976
AN ORDINANCE REPEALING AND REENACTING CHAPTER 3, TITLE XIII,
OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, RELATING TO
BUSINESS AND OCCUPATION TAXES UPON UTILITY COMPANIES OPERATING
WITHIN THE CITY OF ENGLEWOOD; AND PROVIDING FOR THE COLLECTION
OF SAID TAXES AND IMPOSING PENALITIES FOR NON-PAYMENT THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, as follows:
Section 1.
That Sections 1 through 8, inclusive, of Chapter 3,
Title XIII, of the 1969 E.M.C., are hereby repealed in their
entirety, and new sections within sub-chapter 3 are hereby
adopted to read as follows:
13-3-1: DEFINITIONS
As used in this Chapter, the phrase "utility
business and occupation" shall encompass those
utilities defined as "public utilities" by the
laws of the State of Colorado, but shall not mean,
and shall not include,utilities owned, or operated
by the City of Englewood.
13-3-2: TAX LEVY
There is hereby levied on and against all utility
businesses and occupations, except as hereinafter
excluded, maintaining facilities or carrying on
functions and operations, or both, within the City
of Englewo0d, an annual tax in the sum of One Hundred
Twenty Thousand ($120,000.00) Dollars, on the business
and occupation of installing, maintaining and operating
such utility within the City of Englewood, and/or
providing local exchange telephone services to customers
within the corporate limits of the City of Englewood.
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13-3-3: EFFECTIVE DATE; TAX DUE
The tax levied by this chapter shall commence
and become effective on September 1, 1976, and
shall be due and payable in twelve (12) equal
monthly installments,with the first such install-
ment due and payable to the City of Englewood at
the Office of the Director of Finance, thirty (30)
days after the effective date hereof.
13-3-4: EXCLUSIONS
The provisions of this Chapter shall not apply
to any utility business or occupation maintaining
facilities or carrying on functions and operations
within the corporate limits of the City of Englewood,
under a franchise granted by the City of Englewood,
the terms of which said franchise provides that
the franchise fee or tax payable in connection there-
with, shall be in lieu of all other fees and taxes7 which
may from time to time be imposed by the City of Engle-
wood upon the cond~ct or operation of a business or
occupation within the corporate limits of the City of
Englewood .
13-3-5: FAILURE TO PAY; PENALTY
If any utility business or occupation subject
to the provisions of this chapter shall fail to pay
the tax imposed within the time prescribed, a pen-
alty of ten per cent (10%) of the amount of tax due
shall be assessed by the City of Englewood against
such utility business or occupation, and the said
tax, together with the penalty assessment, shall be,
and is hereby declared to be debt due and owing
from such utility business or occupation to the City
of Englewood,and subject to collection by an action
at law brought by the City of Englewood in any court
of competent jurisdiction for the purpose of such
collection.
13-3-6: LOCAL PURPOSE
The tax herein provided is upon occupations and
businesses in the performance of local functions and
is not a tax upon those functions related to inter-
state commerce. It is expressly understood hereby,
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that none of the terms of this ordinance shall
be construed to mean that any utility business
and occupation, or any utility company is issued
a franchise by the City of Englewood.
Secti on 2.
The provisions of any ordinance in conflict here-
with are hereby expressly repealed.
Introduced, read in full and passed on first reading
on the 6th day of July, 1976.
Published as a Bill for an Ordinance on the 7th day
of July , 1976.
Read by title and passed on final reading on the 19th
d ay of July, 1976.
Published by title as Ordinance No. 35
19 76, on the 21st day of July, 1976 .
AT TES T:
, Series of
I, William D. James, do hereby certify that the above
and f oregoing is a true, accurate and complete copy of the
Ord i nance, passed on final reading and published by title as
Ordinance No. 35 , Series of 1976.
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