HomeMy WebLinkAbout1997 Ordinance No. 066I '
BY AUTHORITY
ORDINANCE NO. W
SERIES OF 1997
COUNCIL BILL NO . 73
INTRODUCED BY COUNCIL
MEMBER VORMITTAG
AN ORDINANCE AMENDING TITLE 4, CHAPTER 4, SECTION 10 , SUBSECTION
1, PARAGRAPH C, OF THE ENGLEWOOD MUNICIPAL CODE 1985.
WHEREAS, the City was recently subject to a claim for taxes paid in error to the
City and the City was ultimately found responsible for the back interest; and
WHEREAS, the Englewood Municipal Code currently is silent regarding the
accrual of interest on taxes erroneously paid to the City; and
WHEREAS , this Ordinance proposes changes to the Englewood Municipal Code in
order to clarify the City's position on the accrual of interest on taxes paid to the City in
error; and
--' WHEREAS, the passage of this Ordinance will not allow the accrual of interest on
taxes mistakenly paid to the City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS :
4-4-10 : DEFICIENCY NOTICES AND REFUNDS:
Section 1. The City Council of the City of Englewood, Colorado hereby approves
amending Title 4, Chapter 4 , Section 10, Subsection 1, Paragraph c, of the
Englewood Muncipal Code 1985 , to read as follows:
A. Refunq Procedure .
1. A refund shall be made or credit allowed for any tax paid under protest by
any purchaser or user who has, or claims to have, an exemption as in this
Chapter provided. Such refund shall be made by the Director after
compliance with the following conditions precedent:
a . Application . Applications for refund must be made within ninety
(90) days after the purchase or use of the goods on which the
exemption is claimed, and must be supported by the affidavit of the
purchaser or user accompanied by the original paid invoice or sales
receipt and a certificate issued by the seller, together with such
further information as may be requested by the Director .
b . With respect to transactions consummated on or after January 1 ,
1986, an application for refund of sales or use tax paid under dispute
by a purchaser or user who claims an exemption pursuant to this
Chapter shall be made within sixty (60) days after the purchase,
storage, use or consumt'Jtion of the goods or services whereon an
exemption is claimed .
10 bi
c . With respect to transactions consummated on or after January 1,
1986, an application for refund of tax moneys paid in error or by
mistake, shall be made within three (3 ) years after the date of
purchase, storage, use or consumption of the goods for which the
refund is claimed. THE REFUNDED AMOUNT WILL BE NET
OF ANY VENDOR FEE RETAINED AND WILL NOT ACCRUE
INTEREST .
Introduced, read in full , and passed on first reading on the 21st day of July, 1997 .
Published as a Bill for an Ordinance on the 24th day of July, 1997 .
Read by title and passed on final reading on the 4th day of August, 1997.
Published by title as Ordinance No.~, Series of 1997, on the 7th day of August,
1997 .
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado , hereby
certify that the above and foregoing is a true copy f.lf the Ordinance passed on final
reading and published by title as Ordinance No .~, Series of 7.
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COUNCIL COMMUNICATION
Date Agenda Item Subject
July 21 . 1997 Proposed Bill For An Ordinance
10 a i Regarding Changes To 4-4-10 Of
The City Of Englewood Municipal
Code
Initiated By Staff Source
Department of Financial Services Frank Gryglewicz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
This bill for an ordinance would make changes to 4-4-10 of the Englewood Municipal Code. This ordinance
proposes changes to this portion of City Code to clarify the City's position on the accrual of interest on taxes paid
to the City in error.
RECOMMENDED ACTION
Staff recommends Council approve the attached bill for an ordinance not allowing the accrual of interest on taxes
mistakenly paid to the City of Englewood.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Currently, the City Code is silent regarding the accrual of interest on taxes erroneously paid to the City.
Recently, the City was subject of a claim for taxes paid in error, and the City was ultimately liable for the back
interest. This ordinance will clarify the City's position on accruing interest.
FINANCIAL IMPACT
No estimate has been made of the financial impact due to the sporadic nature of claims for interest.
LIST OF ATTACHMENTS
Proposed bill for an ordinance
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