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HomeMy WebLinkAboutORD579ORDINANCE NO.579 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 8 BUSINESS,ARTICLE 8-3 TRANSACTION PRIVILEGE TAX,SECTION 8-3-3(A)PERCENTAGE OF TAX AND BUSINESS LIABLE TO TAXATION,AND ADDING SECTION 8-3-10 TAX USE PROVISIONS AND ESTABLISHMENT OF DATE OF COMMEN- CEMENT FOR COLLECTION OF TAX;REPEALING ANY CONFLICTING PROVISIONS,PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS: SECTION I IN GENERAL That the Apache Junction City Code,Chapter 8 BUSINESS,Article 8-3 TRANSACTION PRIVILEGE TAX,Section 8-3-3(A)Percentage of Tax and Business Liable to Taxation,and Section 8-3-10 Tax Use Provisions and Establish- ment of Date of Commencement for Collection of Tax,be amended to read as follows: Section 8-3-3(A).Percentage of Tax and Business Liable to Taxation A.The words "one percent of the gross proceeds"are hereby stricken and are replaced by the words "two percent of the gross proceeds." Section 8-3-10.Tax Use Provisions and Establishment of Date of Commencement for Collection of Tax. A.For such period of time that the City of Apache Junction levies a Section 8-3-3(A)tax at the rate of two percent,the use of any taxes collected from the additional one percent established by this ordinance shall be applied in the following manner: 1.The first one-half cent of the additional one percent established by this ordinance shall be applied as thirty percent (30%)towards the new paving of residential collector streets,and seventy percent (70%)towards the acquisition of rights -of -way,construction of arterial roadways to the freeway and major highways,improvement and construction of storm drainage systems. 2.The second one-half cent of the additional one percent established by this ordinance shall be applied towards capital improvements,including but not limited to, parks and recreation facilities,public safety facilities, public buildings,utility facilities and improvements. In addition to capital improvements,effective cost con- trol measures may be considered to include funding in lieu of bonding for such capital improvements and revisions to city insurance programs. 3.In the event that all proposed projects are accomplished as provided by this ordinance,the City Council shall conduct public hearings on proposed uses for any funds remaining from the tax established by this ordinance and as to whether or not the additional one percent tax as established by this ordinance shall be continued. B.The collection of the additional one cent (1()sales tax as provided by this article shall commence on August 1,1987. ORDINANCE NO.579 PAGE ONE OF TWO SECTION I I REPEALING ANY CONFLICTING PROVISIONS 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 I f any section,subsection,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 competent jurisdiction,such decision shall not affect the validity of the remaining portions thereof. SECTION IV EMERGENCY CLAUSE I t being necessary for the preservation of the peace,health and safety of the City of Apache Junction,Arizona,that this ordinance become effective immediately,an emergency is hereby declared to exist and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 18TH DAY OF JUNE ,1987. SIGNED AND ATTESTED TO THIS 18TH DAY OF JUNE ,1987. ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: U-F.ALE City Attorney ORDINANCE NO.579 PAGE TWO OF TWO NORMAN S.HILL Mayor