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NS-2436
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Last modified
1/3/2012 1:01:59 PM
Creation date
6/26/2003 10:08:09 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2436
Date
8/21/2000
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105 <br /> <br />(c) As used in this section, the term "charges" shall include the value of any other <br />services, credits, property of every kind or nature, or other consideration provided by the <br />service user in exchange for the water services. If a non-taxable service and a taxable <br />service are billed together under a single charge, the entire charge shall be deemed <br />taxable unless the service supplier can reasonably identify charges not subject to the <br />utility users tax based upon its books and records that are kept in the regular course of <br />business, which shall be consistent with generally accepted accounting principles. <br /> <br />(d) There shall be excluded from the base on which the tax imposed in this section is <br />computed charges made for water which is to be resold and delivered threugh a <br />pipeline distribution system. <br /> <br />(e) The tax on water service imposed by this section shall be collected from the <br />service user by the service supplier or its billing agent. The amount of tax collected in <br />one (1) month shall be remitted to the tax administrator on or before the twentieth (20th) <br />day of the following month in accordance with section 35-163 of this code. <br /> <br />(f) Notwithstanding subsection (e), above, the City, when acting as the service <br />supplier or billing agent, may remit the amount of tax collected to the tax administretor in <br />accordance with any administrative rules established by the tax administrator. <br /> <br />Sec. 35-160. Decisions on amounts imposed. <br /> <br />If any tax, penalty, or interest charge imposed by this code is for any reason held to be <br />discriminatory or invalid in amount, by the decision of any court of competent <br />jurisdiction, such decision shall not affect the validity of a lesser amount imposed by the <br />tax administrator with the concurrence of the city attorney. The city council hereby <br />declares that it would have imposed a valid utility users tax, penalty, or interest charge <br />of the maximum nondiscriminatory amount permitted by law, up to but not exceeding, <br />the amount provided under this code on the person or persons in question, irrespective <br />of the fact that any one or more of the taxes, penalties, or interest charges imposed <br />herein may be declared discriminatory or invalid in amount. <br /> <br />Sec. 35-161. Duty to collect; procedures. <br /> <br />The duty of service suppliers to collect and remit the taxes imposed by this code shall <br />be performed as follows: <br /> <br />(a) The tax shall be collected insofar as practicable at the same time as and along <br />with the charges made in accordance with the regular billing practice of the service <br />supplier. <br /> <br />(b) In those cases where a service user has notified the service supplier of refusal to <br />pay the tax imposed on said charges, section 35-167(b) of this code shall apply, <br /> <br />Ordinance No. NS-2436 <br /> Page 11 of 22 <br /> <br /> <br />
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