HomeMy WebLinkAboutORD64ORDINANCE NO.64
AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA
REPEALING CHAPTER 8, SECTION 8-5-23, 8-3-3.A.3 AND
8-3-3.A.4 OF THE CITY CODE, AMENDING CHAPTER 8, ARTICLE
8-3-3 OF THE CITY CODE BY ADDING SECTION 8-3-3(C); REPEALING
ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL AS FOLLOWS:
SECTION I In General:
That Section 8-5-23 of the City Code be repealed.
That Sections 8-3-3.A.3 and 8-3-3.A.4 of the City Code be
repealed.
That Section 8-3-3 of the City Code be amended by adding the
following:
C.Public Utilities
1.There is further levied an amount equal to three percent (3%)
of the gross income from the business, a tax upon every person,
including districts formed under Title 45, Chapter 4 of the Arizona
Revised Statutes, engaged in or continuing within the City of Apache
Junction in the business of:
A.Furnishing to consumers within the City, and not without,
electricity, electric lights, current, power, gas (natural
or artificial) or water.
B.Transmitting local or long distance messages or conversations
by telephone, or messages Fy telegraph, from a point within
the City to another point within the State of Arizona,
including gross income derived from any services rendered
subscribers within the corporate limits of the City and
and gross income derived from subscribers within the corporate
limits of the City in connection with the publication of any
directory.
2.Franchise Credit
In computing the amount of the tax imposed under subsection
C.1 there shall be allowed as an offset against this tax full credit
for any and all franchise fees paid to the City pursuant in the terms
of a franchise by anyone engaged in and holding a City franchise for
any of the businesses heretofore described, such franchise fees to
include all fees and payments made which are based on gross income
realized from sales or services provided to specified classes of
customers within the City.
SECTION II Repeal of Conflicting Ordinances:
All Ordinances and parts of Ordinances in conflict with the
provisions of this Ordinance or any part of the Code adopted herein by
reference, are hereby repealed.
SECTION III Providing for Severability:
If any section, sub -section, sentence, phrase, clause or portion
of this Ordinance or any part of the Code adopted herein by reference, is
for any reason held to be invalid or unconstitutional by the decision of
any Court of competant jurisdiction, such decision shall not affect the
validity of the remaining portions thereof.
SECTION IV Emergency Clause
Whereas, it is necessary for the preservation of the peace,
health, and safety of the City of Apache Junction, Arizona, an emergency
is declared to exist, and this Ordinance shall become operative and in
force from and after October 1, 1980.
PASSED AND ADOPTED by the Mayor and City Council of the City
of Apache Junction, Arizona this 3rd day of September
19 80.
ATTEST:
RICH OESTERLE
City Clerk
APPROVED AS TO FORM:
RGIVIA SEEMAN
Mayor
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