HomeMy Public PortalAboutOrdinance #300TOWN OF ERASER
ORDINANCE N0.300
Series 2004
AN ORDINANCE AMENDING THE ERASER TOWN CODE
WITH RESPECT TO METHODS FOR ASSESSMENT AND COLLECTION
OF USE TAXES ON BUILDING AND CONSTRUCTION MATERIALS
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ERASER, COLORADO, THAT:
PART 1: AMENDMENT TO TOWN CODE.. The Code of the Town of Fraser, Colorado
(herein sometimes referred to as the "Town Code") is hereby amended as follows: Chapter 5,
Article 5-2 (Use Tax), Section 5-2-2 (Building and Construction Use Tax) is amended in its
entirety to read as follows:
Section 5-2-2. Buildins and Construction Use Tax.,
(1) Imposition -Amount. There is imposed on the privilege of using or consuming
any construction and building materials of every kind and form purchased outside this
Town for use or consumption within this Town a use tax of four percent (4%) of the retail
purchase price of said building and construction materials.
(2) Determination and Payment of Buildine and Construction Use Tax. The use tax
imposed by Section 5-2-2(1) of this Ordinance shall be paid by estimate at the time the
building or other permit required for the building or construction project is issued. For
purposes of this Article, fifty percent (50%) of the total valuation of any building or
construction project shall be deemed to be the retail value of the construction and
building materials used or consumed in such project, upon which the use tax is imposed.
The total valuation of any construction or building project shall be determined by using
the most recent version of the International Building Code (IBC) Table of Square Foot
Construction Costs published by the International Code Council, for the type of
construction contemplated. The values from such IBC Table of Square Foot Construction
Costs shall be multiplied by one-hundred fifty percent (150%), the local cost modifier for
the Town of Fraser, to arrive at the total valuation of the building or construction project
for purposes of calculating the use tax for the project. If the valuation for a particular
type of building or construction project is not addressed in the IBC Table of Square Foot
Construction Costs, Town staff shall determine the applicable valuation for the project
from information sources that are deemed to reflect the actual costs for local construction.
No building or construction permit shall be issued, and no building or construction
project shall be commenced until the use tax for the project has been paid as provided in
this Section. A receipt for payment of such use tax shall be issued to the taxpayer, which
shall be presented upon purchase of building and construction materials so that the
taxpayer will not be charged additional sales taxes on such materials.
(3) Refund. Upon issuance of a certificate of occupancy for a building or construction
project for which the use tax has been paid as provided in this Section, the taxpayer may
apply to the Town for a refund of any overpayment of the estimated use tax by providing
documentation of the actual costs of all construction or building materials used or
consumed in the project upon which the tax was paid and any credits or ex:;.~xYl~ons to
which the taxpayer is entitled as set forth in this Article. Any application for a refund
under this Subsection must be filed with the Town within thirty (30) days after a
certificate of occupancy is issued for the r~..~ect, or if no certificate of occupancy is
required, within thirty (30) days after completion of the project. A taxpayer's failure to
file for a refund within this time limit shall operate as an absolute forfeiture of the right to
any refund of the estimated use tax paid. If a refund application is filed, all of the
taxpayer's records relating to the construction project are subject to audit by the Town to
determine the actual costs of materials used or consumed on the project and the proper
amount of the use tax payable for the project. If the audit reveals that a refund is due,
such refund shall be paid to the taxpayer, without interest, within thirty (30) days after
completion of the audit. If the audit reveals a tax deficiency, the balance due shall be
paid to the Town by the taxpayer within thirty (30) days following the issuance of a notice
of deficiency.
PART 2: PENALTY CLAUSES. The following section of the Code of the Town of Fraser,
Colorado, contains penalty clauses applicable to violations of this Ordinance, and such section is
herewith set forth in full and hereby enacted:
Section 5-2-5. Violations-Penalty.
(1) Any person who shall violate any of the provisions of this Article shall be guilty
of a violation and upon conviction shall be punishable by a fine of not to exceed Three
Hundred Dollars ($300.00) or by imprisonment for not more than ninety (90) days, or by
both such fine and imprisonment.
PART 3: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of
Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all
ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby
repealed; provided, however, that such repeal shall not affect or prevent the prosecution or
punishment of any person for any act done or committed in violation of any ordinance hereby
repealed prior to the taking effect of this Ordinance.
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PART 4: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this
Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect
the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser
hereby declares that it would have adopted this Ordinance, and each section, subsection, clause
or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses and phrases thereof be declared invalid or unconstitutional.
PART 5: Er~r~t/CTIVE DATE. This Ordinance shall take effect thirty (30) days after passage,
adoption and publication thereof as provided by law.
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF
TRUSTEES AND SIGNED THIS 1st DAY OF December. 2004
Votes in favor: 7
Votes opposed: 0
Votes abstained: 0
ti~~ ~ F~F
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sr,~
~%pCORA~O
BOARD OF TRUSTEES OF THE
TO OF FRASER, COLORADO
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Patric~C M. I~owlett,~ayor
ATTEST:
1Y1.~,
Molly Mc dless, CMC, Town Clerk
Published in the YVinter Park Manifest on December 8, 2004.
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