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HomeMy WebLinkAboutordinance.council.028-70RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. 28 (Series of 1970) AN ORDINANCE AMENDING ORDINANCE #16, SERIES OF 1970, PROVIDING FOR THE RETAILER'S COLLECTION OF THE CITY ONE PERCENT (1%) SALES TAX, ALLOWING A CREDIT FOR RETAILER'S COLLECTION, AND ESTABLISHING A BRACKET SYSTEM FOR SAID TAX. WHEREAS, the City of Aspen has adopted a one percent (1%) sales tax by Ordinance #16, Series of 1970, which Ordinance has been approved by the electors within said City, AND WHEREAS, provision in said Ordinance is made for the establish- ment of a schedule of taxes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That Section 5 of Ordinance #16, Series of 1970, is hereby amended by adding the following section: "5-3. Every retailer shall be liable and responsible for the payment of an amount equivalent to one percent (1%) of all sales made by him on all sales of tangi- ble personal property and remit an amount equivalent to one percent (1%) of such sales to the Director of Revenue, less three point three percent retailer's expense in the tax. H (3.3%) of such tax to cover the collection and remittance of such Section 2: Section 5 of Ordinance #16, Series of 1970, is hereby amended to include the following additional section: "5.4. There are hereby imposed upon all in accordance sales for tangible personal property, taxes with the following schedule: (1) On sales amounting to fifty-two cents ($0.52) to and including one dollar eighteen cents ($1.18) a tax of one cent ($0.01). RECORD OF PROCEEDINGS 100 Leaves (2) On sales amounting to one dollar mineteen cents ($1.19) to and including Two dollars eighteen cents ($2.18) a tax of two cents ($0.02). (3) And, on all higher sales, one cent ($0.01) shall be added in each bracket selling price. Retailers shall add for one dollar ($1.00) of additional the tax imposed hereby or the average equivalent thereof, to the sales price or charge, showing such tax as a separate and distinct item, and when added, such tax shall con- stitute a part of such price of 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; provided, however, the retailer shall be entitled, as collecting agent of the City, to apply and credit the amount of his collection against the one percent (1%) rate to be paid by him under the provisions of Section 5-3, remitting any excess collected over said one percent (1%), less the three point three percent (3.3%) collection expense allowed aforesaid, to the Director of Revenue in the retailer's next monthly sales tax return." Section 3: If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provisions or application and to this end the provisions of this Ordinance are de- clared to be severable. Section 4: A public hearing on the Ordinance shall be held at ~~__~ ~ at ~°~-~ P. M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado on the /'~ day of RECORD OF PROCEEDINGS 100 Leaves ATTEST: FINALLY ,adopted, M~fY~OR~ passed and approved on the ~ day of ATTEST: CITY CLERK 1970. STATE OF COLORADO ) ) COUNTY OF PITKIN ) ss CERTIFICATE I, Lorraine Graves, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read by title, and passed on first reading at a regular meeting of the City Council of the City of Aspen on December 14 , 197 ~ and published in the Aspen Times, a weekly newspaper of general circulation published December approved at a on December 2g Ordinance No. provided by law. in the City of Aspen, 17 , 197 O , rmg. lnr , 197 .. 28 , Series of Colorado, in its issue and was finally adopted and meeting of the City Council O , and ordered published as 197 O , of said City, as I'have hereunto set my hand this ?qtb 0 - IN WITNESS WHEREOF, seal of said City of Aspen, Colorado, day of December , 197 and the SEAL ~--7~rraine Graves, City Clerk