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HomeMy WebLinkAboutORD40ORDINANCE NO. 40 AN ORDINANCE OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, AMENDING CHAPTER 8, SECTION 8-5-23, TO INCLUDE UTILITY AND/OR PUBLIC SERVICE COMPANIES ENGAGED IN FURNISHING GAS OR ELECTRICITY FOR LIGHT, FUEL, OR POWER, PROVIDING FOR PENALTY CLAUSE AND SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, AS FOLLOWS. SECTION I IN GENERAL That Chapter 8 of the Apache Junction City Code, Article 8-5, Business Occupational License Tax, be amended to read as follows. Section 8-5-23 Public Utilities Tax Utility and/or public service companies, who do not have a franchise agreement with the City of Apache Junction, engaged in furnishing gas or electricity for light, fuel or power, or in furnishing water for irrigation or domestic purposes, fire protection or other public or private purposes, or in transmitting messages or furnishing public telegraph or telephone services, shall pay, in addition to the quarterly business tax, a sum equal to two percent (2%) of the gross receipts of said utility or public service company from sales for residential and/or commercial purposes within the corporate limits of the City of Apache Junction.Such payments to be due and payable quarterly.Tax shall not apply to gross sales or gross income from sales to the United States Government, its departments or agencies which shall not be considered in the computation of tax. SECTION II REPEALER 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in conflict with the provisions of this Ordinance or any part of the Code adopted herein by reference, are hereby repealed.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 SEVERABILITY It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance shall be severable, and if any provision of this Ordinance is held unconstitutional for any reason by a Court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining provisions of the Ordinance. 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 be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE Mayor and Common Council of the City of Apache Junction, Arizona this / 9 74'-'day of ',;_>4.1k..e..0(:".,1980. ATTEST: 2r4r"City Clerk APPROVED AS TO FORM: A Attorney _ Mavcfr