with regard to building contractor services, effective 30 days after its passage and approval on April 12, 1984; and

Transcription

1 ORDINANCE NO. 813 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF PRESCOTT VALLEY, A MUNICIPAL CORPORATION OF ARIZONA, REPEALING AND RE- ENACTING THE TAX CODE OF THE TOWN OF PRESCOTT VALLEY IN CHAPTER 8A " TRANSACTION PRIVILEGE TAX", ARTICLE 8A- 01 " ADOPTION OF MODEL TAX SECTION 8A " ADOPTION OF MODEL TAX CODE"; CODE", ADOPTING BY REFERENCE A DOCUMENT ENTITLED " TAX CODE OF THE TOWN OF PRESCOTT VALLEY ( 2015 EDITION)" ( DECLARED BY RESOLUTION NO TO BE A PUBLIC RECORD) WHICH CONFORMS TO AMENDMENTS MODEL TO THE TAX CODE APPROVED BY THE MUNICIPAL TAX CODE COMMISSION IN 2012, 2013 AND 2014 AND RESOLVES CERTAIN DISCREPANCIES BETWEEN THE MODEL TAX CODE AND THE TAX CODE OF THE TOWN OF PRESCOTT VALLEY; PROVIDING PENALTIES FOR VIOLATIONS; PROVIDING THAT ANY SUBSECTION, SENTENCE, SECTION, CLAUSE, PHRASE OR PORTION OF THIS ORDINANCE OR RE- ENACTED TOWN TAX CODE HELD INVALID OR UNCONSTITUTIONAL BY A COURT OF COMPETENT JURISDICTION SHALL NOT EFFECT THE VALIDITY OF THE REMAINING PORTIONS THEREOF; PROVIDING THAT THE PROVISIONS OF THIS ORDINANCE CONFORM TO THE MODEL CITY TAX CODE; AND PROVIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE THIRTY ( 30) DAYS AFTER ITS PASSAGE AND APPROVAL ACCORDING TO LAW. Ordinance No. 2 Privilege Tax Code" the Town, the Town Valley a " Transaction Ocber 12, 1978; Ordinance No. 6 the Town amended said Tax Code with regard the transaction exemptions privilege tax, February 26, 1979; Ordinance No. 32 amended the Tax Code with regard when taxes were payable the penalty delinquency, August 1, 1980; Ordinance No. 84 amended Article 3-1 the Town Code the Town Valley provide that taxes applicable state statutes, would 1983; July 26, Ordinance No. 96 be due, payable delinquent, as provided in 3- A- 9 the " Transaction Privilege Tax Code" with regard building contracr services, 30 days after its passage approval on April 12, 1984; Ordinance No. 99 increased the transaction a period 2 years, 30 days after Ordinance No. 148 Code" 1987; provide that the tax rate would its privilege passage approval on be 2% ( ( A) subject tax May from 1% 2% 10, 1984; the " Transaction Privilege Tax review after 2 years), July 9,

2 Ordinance No. 148 the date from section July 9, 1987 July 20, Ordinance No. 148( A) change 1987; November 12, 1987, Ordinance No. 165 the Town Code itself amended was a version repealed the Arizona " Model City the " Tax Code" Tax Code" which had been established with the assistance the League Arizona Cities Towns, November 12, 1987; Ordinance No. 176 leasing with rental, licensing repealed use real 8A- 445 property) the new " Tax Code" ( having do as earlier Ordinance No. 165, 30 days after its passage approval on April 28, 1988; Ordinance No. 177 ( dated April 28, ' 1988) amendments the " Tax Code" that had been the League Cities Towns, recommended retroactively November 12, 1987; Ordinance No. 178 the new Town Code the Town Valley, including Chapter 8A No. 165) the Town Code a part which made as Ordinance No. 192 Tax- Code" ( having do with the " Model Town Tax Code" ( though fully set th therein, Ordinance May 26, 1988; 8A- 480 Regulation No. 8A the taxation utility services recordkeeping), with the purpose not allowing utility companies take a tax fset franchise fees paid the Town, Ocber 27, 1988; Resolution No. 330 ( dated June 22, 1989) declared that the Town' s 2% transaction privilege the Mayor tax rate ( established Council as required in Ordinance Nos. 148 in 3 148A) had been reviewed Ordinance No. 148, that the Mayor Council had determined it was not cost- reduce said tax rate; Ordinance No. 203 ( dated March 23, 1989) repealed Ordinance No. 176 re- real 8A- 445 imposing a transaction privilege tax on rental, leasing licensing use property, but imposed a tax rate 0%, Ordinance No. 211 ( dated Ordinance Nos. 165 contracts entered July in bee July 20, retroactively June 10, 1988; July 27, 192) apply a 1% 1989) amended the " Tax Code" ( as tax rate sales proceeds derived from 1987, over a 180- day grace period, retroactively 9, 1987; Ordinance No. 225 repealed Ordinance No. 192 re- 8A- 480 Regulation No. 8A again provide tax credit fsets franchise fees paid the Town pursuant franchise agreements, 30 days after its passage approval on March 22, 1990; Ordinance No. 229 ( dated June 14, 1990) 1990 amendments the " Tax Code", August 1, 1990;

3 Ordinance No. 311 ( dated December 2, 1993) 8A- 485 Regulations 8A I 8A apply a tax gross income obtained from collecting treating wastewater; Ordinance No. 352 ( dated December 15, 1994) 1995 amendments the Arizona Model City Tax Code designed make it correspond more closely 1995, except deletion the with the State' s Tax Code ( generally January 31, definition " manufacturing" amendments rights" which was June 30, 1995); Ordinance No. 402 ( dated November 7, the Arizona Model City Tax Code designed 1996) develop a " 1996 taxpayer' s bill component said Model Tax Code; January 23, 1997) amended the Town Tax Code add provisions related the use tax which had been inadvertently omitted from the 1996 Ordinance No. 409 ( dated amendments; Ordinance No. 438 ( dated May 28, 1998) 1998 amendments the Arizona Model City Tax Code which conmed local transaction privilege tax codes with changes the State' s transaction privilege tax code responded proposed State preemptive legislation; Ordinance No. 446 ( dated September 24, 1998) Local Audit Procedures the Town Tax Code Supplementary Valley, Arizona" " the Town supplement the audits conducted ADOR with local audits conducted pressional audirs as a local tax code option; Ordinance No. 478 ( dated November 4, 1999) 1999 amendments the Arizona Model City Tax Code which conmed local transaction privilege tax codes with changes the State' s transaction privilege tax code responded proposed State preemptive legislation; Ordinance No. 519 ( dated December 20, 2001) 2001 Tax Code Amendments which stardized interpretations between the Arizona Department Revenue municipalities; on July 3, 2002, an ad hoc citizen' s committee which had reviewed options financing needed street improvements recommended the Town Council that( among other things) the Council increase the tax the increase wards bonds rate from 2. 00% 2. 33% on most transaction categories dedicate sold fund the highest priority roadways, including Robert Road, Navajo Drive, Lakeshore Drive; at its regular meeting on July 25, 2002, the Council directed staff prepare the necessary documents start the necessary processes raising the tax rate from 2. 00% 2. 33%

4 funding improvements Robert Road, Navajo Drive, Lakeshore Drive, other priority roadways identified the ad hoc committee; on most transaction categories purposes Ordinance No. 532 ( dated September 12, 2002) raised the tax rate from 2. 00% 2. 33% on most transaction categories; Ordinance No. 558 ( dated May 22, 2003) 2002 Tax Code Amendments based on changes Arizona statutes; May 25, 2006) 2006 Tax Code Amendments based on changes Arizona statutes as well as an agreement with state housing associations concerning federal low-income housing programs; Ordinance No. 658 ( dated Ordinance No. 677 ( dated December 7, 2006) 2007 Tax Code Amendments based on changes Arizona statutes; Ordinance No. 714 ( dated April 24, 2008) 2008 Tax Code Amendments based on changes Arizona statutes; Ordinance No. 735 ( dated September 10, 2009) 2009 Tax Code Amendments based on changes Arizona statutes; Ordinance No. 761 ( dated July 28, 2011) Tax Code Amendments based on changes Arizona statutes; in the 2011 legislative session the Arizona Legislature HB 2336 making the Arizona Department Revenue responsible administering the ficial copy the Model City Tax Code ( including maintaining the ficial MCTC each municipality on its website), July 1, 2012; during this transition the Arizona League Cities Towns ceased providing member cities wns the mal changes needed each individual tax code ( per ARS ( D)) conm with changes the Model City Tax Code approved the Municipal Tax Code Commission; as a result the Tax Code the Town Valley was not amended the Municipal Tax Code Commission in 2012, 2013, 2014 ( became increasingly inconsistent with the version the Model City Tax Code shown the Town reflect changes approved on the ADOR website); in April 2015 Town staff began coordinating with League staff update the Town Tax Code going through all electronic documents on the ADOR website distill them in a single document that identified what ADOR said was the tax code Valley, creating its own MS Word document the 2011 Edition the Town Tax Code, folding in the 2012, 2013 documents 2014 MCTC identifying any amendments substantive which related the Town, comparing the two discrepancies, researching discern which document

5 was correct, proposing changes the Town version or suggesting changes the ADOR version; League staff ok the resulting proposals ADOR Model City Tax Commission staff made a determination as what the final document should be; including in the meantime the Town Council considered resring Town services construction roadways) which had been curtailed during the maintenance worldwide economic recession from determined raise the transaction privilege two eighty- three hundredths tax use tax rate from 2. 33% percent ( 2. 83%) on most transaction categories ( but expressly not on the business mining or rental, leasing licensing property) the support Greenlee County, 173 Ariz 462, 463 ( 1992); maintenance use real after public 22, 2015) approving the tax intergovernmental agreement the Town ( Wade v. hearings the Council increase rate the departments Ordinance No. 811 ( dated Ocber January 1, 2016 ( in compliance with an ADOR dated June 25, 2015), providing that the increased revenue would not be subject any economic incentives the Town might thereafter negotiate with respect reimbursement tax revenues generated specified commercial developments, per with ARS ( E)) gave notice the rate change the Municipal Tax Code Commission ADOR so that it would be reflected in the ficial copy the Model City Tax Code; Valley all these changes are now ( 2015 Edition)" included in the proposed " Tax Code the Town prepared League staff replace the current Town Tax Code within Chapter 8A the Town Code; ARS which are" public records"; the been declared provides adoption reference lengthy documents proposed Resolution Tax Code No be NOW, THEREFORE, BE IT the Town Valley ( 2015 Edition) has AND COMMON a" public record"; ORDAINED BY THE MAYOR COUNCIL OF THE TOWN OF PRESCOTT VALLEY, ARIZONA: Section 1. That the Tax Code the Town Valley ( 2011 Edition) in Chapter 8A " TRANSACTION PRIVILEGE TAX", Article 8A- 01 " ADOPTION OF MODEL TAX CODE", Section 8A " Adoption Model Tax Code" is here repealed in its entirety. Section 2. That that 2015 Edition)" declared be inspection in the 86314), fice document a public record entitled " Tax Code the Town Valley Resolution No ( available public the Town Clerk, 7501 East Civic Circle, Valley, Arizona, which is here referred, enacted, made a part here( as if fully set th herein) in Chapter 8A " TRANSACTION PRIVILEGE TAX", Article 8A- 01 " ADOPTION OF MODEL TAX CODE", Section 8A " Adoption Model Tax Code".

6 Section 3. Town Tax Code That any person found guilty violating any provision the re- enacted be guilty a class one misdemeanor. Furthermore, each day that a shall violation continues shall be a separate fense punishable as hereinabove described. Section 4. That, if any section, subsection, sentence, clause, phrase or portion this Ordinance or any part the re- enacted Town Tax Code herein reference is, any held be invalid or unconstitutional the decision any court competent jurisdiction, such decision shall not affect the validity the remaining portions there. reason, Section 5. That the provisions this Ordinance conm this local tax code the Model City Tax Code, which is controlling. The provisions each section are as provided the Municipal Tax Code Commission upon approval each change the Model City Tax Code. Provisions subject a retroactive date at the time approval the Municipal Tax Code Commission favor taxpayers reducing an imposition the tax or increasing an allowable deduction, exemption, or exclusion. Provisions that increase the imposition the tax or decrease the application a deduction, exemption, or exclusion had a prospective date at the time approval the Municipal Tax Code Commission. Provisions creating a new Option the state first date the new Option is available selection. Provisions eliminating an existing Option state the last date the eliminated Option. Section 6. That this Ordinance shall be 30 days after its passage approval according law. PASSED AND ADOPTED the Mayor Council the Town Valley, day January, Arizona, this 28th Harvey ATTEST h is - Russell, Town Cl- k APPROVED AS TO FORM: van egler, Town Atr C. Sk.. g, Ma