HomeMy WebLinkAboutordinance.council.039-86 ORDINANCE NO. ~_~_
(Series of 1986)
AN ORDINANCE IMPLEMENTING THE REQUIREMENTS OF H.B. 1007 BY ESTAB-
LISHING THE NONAPPLICABILITY OF THE CITY SALES TAX TO TRANSACTIONS
CONSUMMATED ON OR AFTER JANUARY 1, 1986, TO THE SALE OF CONSTRUC-
TION MATERIALS WHICH ARE PICKED UP BY PURCHASER AND IF THE PUR-
CHASER PRESENTS TO RETAILER SATISFACTORY EVIDENCE THAT A LOCAL USE
TAX HAS BEEN PAID OR IS REQUIRED TO BE PAID; AND ALSO ESTABLISHING
A SALES TAX CREDIT FOR SALES TAX OR USE TAXES PREVIOUSLY PAID TO
ANOTHER MUNICIPALITY
WHEREAS, the City Council, by the enactment of this ordin-
ance, desires to bring the City of Aspen's sales tax regimen with-
in the requirements of H.B. 1007, commonly known as the "1 985
Sales Tax Simplification Act".
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1. Sales Tax - Non applicability.
For transactions const~nmated on or after January 1, 1986, the
City's sales tax shall not apply to the sale of construction and
building materials, as the term is used in Section 29-2-109,
C.R.S., if such materials are picked up by the purchaser and if
the purchaser of such materials presents to the retailer a build-
ing permit or other doct~nentation acceptable to the City evidenc-
ing that a local use tax has been paid or is required to be paid.
Section 2. Sales Tax - Credit for Sales or Use Taxes Previ-
ously Paid to Another Municipality.
For transactions constm~mated on or after January 1, 1986, the
City's sales tax shall not apply to the sale of tangible personal
property at retail or the furnishing of services if the trans-
action was previously subjected to a sales or use tax lawfully
imposed on the purchaser or user by another statutory or home rule
municipality equal to or in excess of 1%. A credit shall be
granted against the City's sales tax with respect to such trans-
action equal in amount to the lawfully imposed local sales or use
tax previously paid by the purchaser or user to the previous
statutory or home rule municipality. The amount of the credit
shall not exceed 1%.
Section 3. Effective Date.
This ordinance shall take effect and shall apply to trans-
actions consummated on or after January 1, 1986.
Section 4
If any section, subsection, sentence, clause, phrase or por-
tion of this ordinance is for any reason held invalid or unconsti-
tutional by any court of competent jurisdiction, such portion
shall be de~med a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining por-
tions thereof.
Sect ion 5
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinances in effect prior to
the effective date of this ordinance, and the same shall be con-
tinued and concluded under such prior ordinance.
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Sect ion 6
A public hearing on the ordinance shall be held on the~L~_~__
day o f ~ , 1986, in the Council Chambers,
Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED published as provided by law of
the City Council of the City of Aspen on the ~ay of
986
ATTEST:
~ C~y Clerk .....
FINALLY adopted, passed and approved this ~m~___ day of
~ ........... , 1 986.
Will lam h.
ATTEST:
a~~7' {-~y C err
6F
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