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HomeMy WebLinkAbout763_3rd Penny Sale Tax Extensionthird (3rd) penny sales tax extension Section 7. Subsisting State Permits. All valid and subsisting permits to do business issued by the Oklahoma Tax Commission pursuant to the Oklahoma Sales Tax Code are, for the purposes of this Ordinance, hereby ratified, confirmed and adopted in lieu of any requirement for an additional city penl1it for the same purpose. Section 6. Effective Date. of this Ordinance shall become effective on and after October 14, 2003, subject to approval by a majority ofthe qualified electors on the same in the manner prescribed by law. ofthe City voting The provisions Section 5. Purpose of Revenues. It is hereby declared to be the purpose of this Ordinance to provide revenues to finance or fund capital projects and related costs, to include debt service on obligations issued to finance said capital projects; said projects to be reviewed by the Capital Improvements Committee, approved by the City Council by resolution, with oversight given by the Citizens' Watchdog Committee established by the City Council, and subject to competitive bidding as required by law. Any amounts in the Capital Future Fund accumulated prior to the effective date of this Ordinance shall be immediately released for the purposes set forth above. Section 4. Removal Termination termination date of October 3 L 2007 stated termination date. Date of Tax. The Prior Sales The excise tax levied by this Tax Ordinance has a stated Ordinance 763 has no Section 3. Tax Imposed. There is hereby imposed an excise tax of one percent to be levied upon the gross proceeds or gross receipts derived from all sales taxable under the Oklahoma Sales Tax Code. The excise tax imposed pursuant to this Ordinance No. 763 represents a continuation of the excise tax levied pursuant to the Prior Sales Tax Ordinance and does not represent an increase in the percentage of excise tax over what is currently levied by the City. Section 2 Replace and Supersede Ordinance No. 326, as Amended. This Ordinance No 763, subject to approval by a majority of the qualified electors of the City as set forth in Section 6 hereof, shall replace and supersede in all respects Ordinance No. 326 of the City dated 19, 1983, as amended by Ordinance No. 326, Amended, dated May 5, 1983, as further amended by Ordinance No. 395 of the City dated August 18;, 1988, and as further amended by Ordinance No. 553 ofthe City dated August 11, 1997 (collectively, the "Prior Sales Tax Ordinance"). This Ordinance of 2003, and the City of Owasso, Oklahoma. Ordinance shall be known and may be cited as same shall be codified and incorporated BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OW ASSO, OKLAHOMA AS FOLLOWS AN ORDINANCE OF THE CITY OF OW ASSO, OKLAHOMA RELATING REPLACING AND SUPERSEDING ORDINANCE NO. 326, AS AMENDED; REMOVING STATED TERMINATION DATE OF EXCISE TAX LEVIED BY ORDINANCE NO. 326, AS AMENDED; PROVIDING FOR THE PURPOSE OF THE PROCEEDS OF SAID ONE PERCENT (1%) EXCISE TAX; PROVIDING FOR THE EFFECTNE DATE OF SAID ONE PERCENT (1%) EXCISE TAX; PROVIDING FOR SUBSISTING STATE PERMITS; PROVIDING FOR PAYMENT OF TAX; PROVIDING THAT THE ONE PERCENT TAX REPLACES THE ONE PERCENT (1%) TAX CURRENTLY LEVIED; PROVIDING FOR AMENDMENTS TO THIS ORDINAl'-JCE; PROVIDING THAT THE PROVISIONS OF THIS ORDINANCE ARE CUMULATIVE AND IN ADDITION TO ANY AND ALL TAXING PROVISIONS OF OTHER CITY ORDINANCES; PROVIDING FOR NO REPEAL OF TAX; PROVIDING FOR SEVERABILITY OF PROVISIONS; AND CONTAINING OTHER PROVISIONS RELATED THERETO. ORDINANCE NO. 763 CITY OF OW ASSO 11 Owasso 74055 Doc# 03160898 Receipt # 687741 Fee 1 7 Tulsa County Clerk - EARLENE WILSON Pgs 3 B/P 7159/0447-0449 10/17/03 15:04:31 11111I APPROVED AS TO FORM By: CITY OF OW ASSO, OKLAHOMA PASSED AND APPROVED Section 13. Severability. The provisions of this Ordinance are severable, and any part or provision hereof shall be adjudged invalid by any court of competent jurisdiction, such adjudication shall not affect or impair any ofthe remaining parts or provisions hereof. this 5th day of August, 2003 Section 12 No Repeal of Tax. This Ordinance and the excise tax levied pursuant hereto shall not be repealed by the City Council of the City or by referendum of the registered qualified voters of the City in the event the proceeds of the referenced excise tax are being used or been pledged by the City or any public trust having the City as beneficiary for the purpose of paying debt service on obligations issued by the City or any public trust having the City as beneficiary. Section 11 Provisions Cumulative The provisions hereof shall be cumulative in addition to any and all other taxing provisions of City Ordinances Section 10. Amendments. The people of the City of Owasso, Oklahoma, by their approval of this Ordinance at the election hereinabove provided for, hereby authorize the City by Ordinance duly enacted to make such administrative and technical changes or additions in the method and manner of administration and enforcing this Ordinance as may be necessary or proper for efficiency and fairness or in order to make the same consistent with the Oklahoma Sales Tax Code, as amended, except that the rate of the tax herein provided for shall not be changed approval ofthe qualified electors ofthe City as provided by law. Section 9 This Tax Replaces Tax Currently Levied; Administrative Procedures levied hereby replaces and supersedes the tax levied pursuant to the Prior Sales Tax Ordinance, is in addition to any and all other excise taxes levied or assessed by the City; provided, however, that those provisions of existing City sales tax ordinances relating to Definitions; Tax Collector Defined; Classification of Taxpayers; Subsisting State Permits; Exemptions; Other Exempt Transfers; Tax Due When--Returns--Records; Tax Constitutes Debt; Vendor's Duty to Collect Tax; Returns and Remittances-Discounts; Interest and Penalties--Delinquency; Waiver of Interest and Penalties; Erroneous Payments--Claim for Refund; Fraudulent Returns; and Records Confidential shall apply to the excise tax levied and assessed by this Ordinance. For purposes of this Ordinance, references in existing City sales tax ordinances to specific provisions of the Oklahoma Statutes shall be deemed to be references to said statutory provisions, as amended Section 8. Pa time and in the manner and form Law of the State of Oklahoma. tax of TaK. The tax herein levied shall be paid to the Tax Collector at prescribed for payment of the state sales tax under State Tax CITY OF OW ASSO, OKLAHOMA WITNESS MY HAND NAY: THIS 5TH DAY OF AUGUST, 2003 MOTION MADE BY: ABSENT PRESENT: I further certify that below is listed those Council Members present and absent at said meeting; those making and seconding the motion that said Ordinance be passed and approved, and those voting for and against such motion: I further certifY that attached hereto is a full was passed and approved by said City Council at records of my office. and complete copy of Ordinance No. 763 that said meeting as the same appears in the official I further certify that the City Council Meeting at 6:30 o'clock p.m., on August 5 the Oklahoma Open Meeting Act. of 2003 the City of Owasso, Oklahoma, held a Regular after due notice was given in full compliance I, the undersigned, hereby certify that I of the City of Ow as so, Oklahoma. am the duly qualified and acting Deputy City Clerk CERTIFICATE OF CITY ACTION