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HomeMy Public PortalAboutORD-CC-2007-18ORDINANCE 2007-18 AN ORDINANCE ENACTING THE RESORT COMMUNITY SALES TAX AT A RATE OF 1.6% WHEREAS, the Moab City Council has the power to establish a resort community sales tax on retail sales pursuant to UCA Section 59-12-401; and WHEREAS, the City of Moab enacted a resort communities sales tax at a total rate of 1.5% in 1997; and WHEREAS, this resort communities sales tax was enacted by the Moab City Council by Ordinance 1997-21; and WHEREAS, this tax included a base rate of 1.0% and an additional resort communities sales tax of 0.5%, pursuant to UCA Section 59-12-402, for a total tax of 1.5%; and WHEREAS, during the 2007 General Legislative Session, the Utah State Legislature altered the State Tax Code to remove unprepared foods from the sales tax base of the transit sales tax; and WHEREAS, the State Legislature anticipated that the removal of unprepared food from the sales tax base would negatively affect sales tax collections by municipalities which have imposed a resort communities sales tax; and WHEREAS, the State of Utah provided for cities to increase the base rate of the Resort Communities Sales Tax from 1.0% to 1.1% with the intent to reclaim a portion of said forfeited tax collections, and WHEREAS, a city may increase the Resort Communities Sales Tax base rate to up to 1.1% on or after January 1, 2008, without being subject to the voter approval requirements enumerated in State Code. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Moab that: ESTABLISHMENT OF A 1.1% BASE RATE AND TOTAL RATE OF 1.6% FOR THE RESORT COMMUNITIES SALES TAX: In addition to any other tax authorized by the laws of the State of Utah and/or of this municipality, there hereby is established, approved, and levied a sales and use tax upon retail sales, as defined and included in UCA Subsection 59-12-103(1), at a rate of 1.1% base rate plus 0.5% additional Resort Communities Sales Tax for a total Resort Communities Sales Tax of 1.6%. SECTION 3. EFFECTIVE DATE. This Ordinance shall become effective on January 1, 2008. Ordinance 2007-18 Page 1 of 2 PASSED AND APPROVED THIS 9TH DAY OCTOBER OF, 2007. David L. Sakrison Mayor EST: achel Ellison City Recorder Ordinance 2007-18 Page 2 of 2 CITY OFMOAB ORDINANCES #2007-17 AND #2007-18 AN ORDINANCE REPEALING THE MUNICIPAL ROAD TAX AND ENACT- ING THE MUNICIPAL HIGHWAY SALES TAX AT A RATE OF .30% -AND- AN ORDINANCE. ENACTING THE RESORT COMMU- NITY SALES TAX AT A RATE OF 1.6% Ordinances #2007-17 and #2007- 18 were adopted at a Regular City Council Meeting held on Oc- tober 9, 2007 at the Moab City Council Chambers, 217 East., Center Street. Moab; Utah 84532. Com- plete copies of Ordi- nances #2007-17and #2007-18 are available online at: www_moabc- ity.org or at the City of Moab Recorder's Of- fice at 217 East Cen- ter Street. Moab, Utah "84532 /s/ Rachel Ellison, City Recorder Published in The Times -Independent, Moab, Utah October 18, 2007_ Proof of Publication STATE OF UTAH, County of Grand, ) SS. Zane W. Taylor, being first duly sworn accord- ing to law, deposes and says: That he is the pubisher of The Times -Independent, a weekly newspaper of general circulation, published every Thursday at Moab, Grand County, State of Utah; that the notice City of Moab Odinances #2007-17 & #2007-18 hereto attached, and which is made a part of this Affida- vit of Publication, was published in said newspaper for a period of 1 consecutive issues, the first publication date having been made October 18, 2007 ; and the last on ; and the said notice was published in each and every copy of said newspaper during the period and time of publication, and that it was published in the newspa- per proper and not in a supplement thereof. .sLy.r- ublisher Subscribed and sworn before me this Notary Public Residing in Moab, Utah My Commission Expires NOTARY PUBLIC SADIE WARNER 4481 Easy Street Moab, Utah 84532 My Commission Expires November 18, 2009 STATE OF UTAH