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HomeMy WebLinkAbout276_Utility Franchiseutility franchise CITY OF OWASSO, OKLAHOMA ORDINANCE 276 AN ORDINANCE ALLOWING THE CITY OF OWASSO, OKLAHOMA TO LEVY AND ASSESS AN ANNUAL TAX UPON THE ROSS RECEIPTS FROM RESIDENTIAL AND COMMERCIAL SALES OF POWER, LIGHT, HEAT, GAS, ELECTRICITY OR WATER WITHIN THE CITY OF OWASSO, OKLAHOMA, IN AN AMOUNT NOT EXCEEDING 2% OF THE ROSS RECEIPTS FROM RESIDENTIAL AND COMMERCIAL SALES; MAKING SUCH TAX IN LIEU OF ANY OTHER FRANCHISE, LICENSE, OCCUPATION OR EXCISE TAX, EXEMPTING HOLDERS OF FRANCHIES FROM SAID TAX, PROVISION OF LEVYING TAX FROM A TERM OF NOT LESS THAN ONE (1) YEAR AND REQUIRING SAME TO BE PAYABLE QUARTERLY AND PLACED IN THE GENERAL REVENUE OF THE CITY OF OWASSO, OKLAHOMA; PROVIDING FOR PENALTIES FOR REFUSAL TO PAY TAX AND PROVIDING FOR A LIEN FOR UNPAID TAXES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA; Section 1: Power to Levy and Assess Tax - Tax in Lieu of Other Taxes. The power is hereby vested in the City Council of the City of Owasso, Oklahoma, to levy and assess, by ordinance, an annual tax upon the gross receipts from residential and commercial sales of power, light, heat, gas, electricity, or water in the City of Owasso, Oklahoma, in an amount no exceeding two (2%) per cent of the fross receipts from residential and commercial ssales, which tax shall be inm lieu of any other franchise, license, occupation or excise tax, levied by the City of Owasso, Oklahoma. Section 2: Application of Tax. The tax authorized to be levied shall, when levied, apply to all persons, firms, associations or corporations engaged in the business of furnishing power, light, heat, gas, electricity or water in the City of Owasso, Oklahoma, except it shall not apply to any person, firm, association or corporation operating under a valid franchise from said City of Owasso, Oklahoma. Section 3: Tax Levied for one year - Payable Quarterly - Disposition. The tax authorized to be levied by this Ordinance shall be levied for a term not less than One (1) year; shall be payable quarterly, and placed in the general revenue of the City of Owasso, Oklaoma. Section 4. Failure or Refusal to Pay Tax - Penalties. Any person, firm or corporation failing or refusing to pay such tax, when levied, shall be regarded as a trespasser and may be ousted form the City of Owasso, Oklahoma, and in addition thereto, an action may be maintained against such person, firm or corporation fot the amount of the tax, and all expreses of collecting same, including reasonable attorney fees. Section 5. Lien for Tax. The tax so imposed shall constitute a first and prior lien on all of the assets, located within said City of Owasso, Oklahoma, of any person, firm or corporation engaged in the business of selling power, light, heat, gas, electricity or water. Section 6. Emergency Clause. An emergency is hereby declared to exist for the preservation of the public peace, health and safety, by reason whereof, the Ordinance shall take effect immediately from and after its passage, approval and publication. PASSED AND APPROVED and the emergency clause ruled upon separately this 4th day of December, 1979. Affidavit Of Publication STATE OF OKLAHOMA, TULSA COUNTY, ss: Bill R. Retherford, of lawful age, being duly sworn and authorized, says that he is publisher of the weekly newspaper printed in the City of Tulsa County, Oklahoma, a newspaper qualified to publish legal notices, advertisements and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 as amended, and complies with all other requirements of the laws of Oklahoma with reference to legal public Legal Notice Published in the't)wasso Reporter, 'Tulsa County, Owasso, Oklahoma Thursday, December 1 :3. 1979, CI'T'Y OF OWASSO OKLAHOMA ORDINANCE NO. 276 AN ORDINANCE ALLOWING THE CITY OF OWASSO. OKLAHOMA TO LEVY AND ASSESS AN ANNUAL TAX UPON THE GROSS RECEIPTS FROM RESIDENTIAL AND COMMERCIAL SALES OF POWER. LIGHT. HEAT, GAS, ELECTRICITY OR WATER WITHIN THE CITY OF OWASSO, OKLAHOMA, IN AN AMOUNT NOT EXCEEDING 2 %„ OF THE GROSS RECEIPTS FROM RESIDENTIAL AND COMMERCIAL SALES; MAKING SUCH TAX IN LIEU OF ANY OTHER FRANCHISE, LICENSE, OCCUPATION OR EXCISE TAX. EXEMP- atsons. TING HOLDERS OF FRANCHISES FROM SAID TAX, PROVISION OF LEVYING TAX FOR A TERM OF NOT That said notice, a true copy of which is attached LESS THAN ONE t13 YEAR AND REQUIRING SAME TO BE PAYABLE QUARTERLY AND PLACED IN THE hereto, was published in the regular edition of said news- GENERAL REVENUE OF THE CITY OF OWASSO, OKLAHOMA; PROVIDING FOR PENALTIES FOR paper during the period and time of publication and not REFUSAL TO PAY TAX AND PROVIDING FOR A LIEN FOR UNPAID TAXES; AND DECLARING AN st a supplement, on the following dates: EMERGENCY. _!n �. 7 197 PASSED AND APPROVED and the emergency clause . ; . ,; ruled upon separately this 4th day of December, 1979. :... ....... Boyd M. Spencer MAYOR Subscribed and sworn to before me this ..... day ATTEST: APPROVED: ' Wauhilleau Webb Harold Charney of ........ .. 197. .. City Clerk City Attorney I ................ .. Notary Public My commission expires:. /7'��.4� ........ ........ . PUBLISHER'S FEE $...`..... .