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TC Ord. No. 1980-12TOWN OF AVON ORDINANCE NO. 12 SERIES OF 1980 AN ORDINANCE CONCERNING REVENUE AND IMPOSING A BUSINESS AND AN OCCUPATION TAX ON ALL TELEPHONE UTILITIES OPERATING WITHIN THE TOWN OF AVON, PROVIDING FOR THE COLLECTION OF SAID TAXES AND PENALTIES WITH RESPECT THERETO; A SEVERABILITY CLAUSE; AND OTHER DETAILS IN RELATION TO THE FOREGOING. WHEREAS, the operation of telephone utilities involves substantial use of the public streets and rights-of-way, and the regular installation, maintenance and repair of many poles, lines and cables in, under and above the public streets and rights-of-way; and WHEREAS, the operation of telephone utilities places a sub- stantial burden on the Town in its efforts to provide for the public safety, and efficiently maintain and administer the public streets and rights-of-way; and WHEREAS, considering the nature of telephone utilities and the burdens placed by such utilities on the Town, the classification of such utilities spearately from other businesses and occupations is reasonable and nondiscriminatory; and WHEREAS, the Town Council of the Town of Avon is authorized to impose taxes on the privilege of engaging in occupations or businesses solely for the purpose of raising revenue; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO THAT: -1- • 0 _(1) Levy of Tax. There is hereby levied against every telephone utility which is engaged in the business of furnishing local exchange telephone service within the Town of Avon, a tax on the privilege of engaging in such business. The annual amount of tax levied hereby shall be equal to $6.00 per telephone account for which local exchange telephone service is provided within the Town of Avon on the effective date as provided in Section 2(a) and upon each anniversary of the effective date. (2) Payment of Tax. (a) The tax levied by this Ordinance shall commence on July 1, 1980, and shall be due and payable in twelve (12) equal monthly installments with the first such installment due thirty (30) days after the effective date. (b) Within 30 days after the effective date as provided in Section 2 (a) clause, each telephone utility subject to the tax imposed herein shall file with the Town Clerk of the Town of Avon in such form as the Town Clerk may require, a statement showing the total number of telephone accounts for which local exchange telephone service was provided within the Town on the effective date. Such statement shall be filed within 30 days after each anniversary of the effective date showing such accounts on the anniversary date. (3) Inspection of Records. The Town of Avon, its officers, agents or representatives, shall have the right, at any reasonable time, to examine the books and records of any telephone utility which is subject to the tax im- posed by this Ordinance, and to make copies of the entries or contents thereof. -2- 0 0 (4) Local Purpose. The tax provided herein is upon the affected occupations and businesses in their performance of local functions and is not a tax upon those functions relating to interstate commerce. (5) Failure To Pay Or File. (a) If any telephone utility subject to this Ordinance fails to pay the taxes as provided herein, the full amount thereof shall be due and collected from each company and the same together with an addition of 10% of the amount of taxes due, shall be and is hereby declared to be a debt due and owing from such utility to the Town of Avon. (b) If any officer, agent or manager of a telephone utility which is subject to the provisions of this Ordinance shall fail, neglect or refuse to file any statement required by this Ordinance within the time herein prescribed, such officer, agent or manager shall be punished, on conviction thereof, by a fine of not less than twenty-five dollars ($25.00), nor more than three hundred dollars ($300.00), provided that each day after such statement be- comes delinquent during which said officer, agent or manager shall so fail, neglect or refuse to file such statement shall be considered a separate offense. (6) Tax In Lieu Of Other Occupation Taxes. The tax herein provided shall be in lieu of all other occupation taxes or taxes on the privilege of doing business within the Town, on any telephone utility subject to the provisions of this Ordinance. (7) Severabilit_y. It is the intention of the Town Council that this Ordinance or any part or provision hereof shall be considered sev- erable, and if any provision, clause, paragraph or other portion -3- • • of this Ordinance, or the application thereof to any person or circumstances is held invalid, unconstitutional or illegal, such invalidity, unconstitutionality or illegality shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid, unconstitutional or illegal provision or application, and to this end the provisions of this Ordinance are declared to be severable. (10) Effective Date. This Ordinance shall take effect July 1, 1980. INTRODUCED, PASSED ON FIRST READING, APPROVED, AND ORDERED PUB- LISHED ONCE IN FULL, this/ day of , 1980 and a public hearing on this Ordinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the day of 1980, at 7:30 P.M. in the Municipal Offices of the Town. ~ 7,1 am - e gi4e/o V. lpi, Mayor ATTEST: 1 Patricia J. Doy , Town Jerk INTRODUCED, PASSED ON SECOND READING, APPROVED, AND ORDERED PUB- -4- LISHED ONCE IN FULL, this o? %"-day of ~c-// , 1980. This 0 0 STATE OF COLORADO COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, AT 7:30 P.M. ON THE 27th DAY OF MAY, 1980 AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO.#80-12, SERIES OF 1980: AN ORDINANCE CONCERNING REVENUE AND IMPOSING A BUSINESS AND AN OCCUPATION TAX ON ALL TELEPHONE UTILITIES OPERATING WITHIN THE TOWN OF AVON, PROVIDING FOR THE COLLECTION OF SAID TAXES AND PENALTIES WITH RESPECT THERETO; A SEVERABILITY CLAUSE; AND OTHER DETAILS IN RELATION TO THE FOREGOING. A copy of said Ordinance is attached hereto and is also on file at the office of the Town Clerk and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of this Ordinance. This notice given and published by order of the Town Council of the Town of Avon, Colorado. Dated this 14th day of May, 1980. TOWN OF AVON Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON MAY 15, 1980. THE NORTHEAST SIDE OF THE BENCHMARK SHOPPING CENTER, AVON POST OFFICE, THE MAIN ENTRANCE OF EAGLE VALLEY BOWL THE PESTER GAS STATION: AND THE TOWN OFFICE, SECOND FLOOR, BENCHMARK SHOPPING CENTER