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Ordinance No. 20033
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Ordinance No. 20033
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Last modified
6/10/2010 3:48:31 PM
Creation date
11/25/2008 3:07:40 PM
Metadata
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Council Ordinances
CMO_Document_Number
20033
Document_Title
Concerning a Utility Consumption Tax for affordable-housing; addition sections 3.725, 3.727, 3.729, 3.731, 3.733, 3.735, 3.737, 3.739, 3.741, 3.743, 3.745, 3.747, 3.749, & 3.999 to the Eugene Code, 1971; and providing an effective date.
Adopted_Date
12/6/1995
Approved Date
12/6/1995
CMO_Effective_Date
1/6/1996
Signer
Ruth Bascom
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time and along with the collection of charges made for ut i 1 i ty services i n <br />accordance w~ th the regular b~ l l ~ ng practice of the service supplier. I f the <br />amount pa ~ d by a servi ce user to a servi ce supplier i s less than the f u11 amount <br />of the charge for services and the tax ~wh i ch has accrued far the billing pe~ri od, <br />the amount paid, and any subsequent payments by the service user shall be applied <br />f ~ rst to the charge for servi ces unto l such charge has been fully satisfied. Any <br />remaining balance of the payment shall be applied to the taxes due, except in <br />those cases where a service user pays the full amount of the charge for services <br />but notifies .the service supplier of his or her refusal to pay the tax i mpased <br />on such charges, <br />~3} The service supplier's duty to collect a tax from a service <br />user shat 1 commence with the beginning of the first regular bi 11 i ng period <br />applicable to the service user where all charges normally included i n such <br />regular billing are subject to the provisions of sections 3,125 to 3.149. If a <br />service user receives more than one bi 11 ing, one or more being for different <br />periods than another, the duty to col 1 ect shal 1 arise separately far each billing <br />period. <br />~4} Each service supplier shall f i 1 e a return with the city manager <br />on forms provided by the city, stating the amount of taxes billed by the service <br />suppl ~ er dur~ ng the precede ng month, the amount of taxes cal l ected, and the names <br />of any service users failing or refusing to pay the taxes billed, and the amounts <br />due from each. The full amount of the tax cal l ected shat 1 be included with the <br />return and filed with the city manager. The city manager i s authorized to <br />require such further information as he or she deems necessary to determine if the <br />tax is being properly levied and collected in accordance with sections 3.125 to <br />3.149.. The city manager al sv i s authorized to adopt a rul a which lengthens the <br />repart~ ng period for servi ce users who fay 1 or refuse to pay the taxes bi 11 ed. <br />~5} Upon receipt of the information from a service supplier of the <br />names of servi ce users who have fay 1 ed or refused to pay the required tax the <br />city may pursue such enforcement action deemed necessary to collect the tax, <br />including, but not limited to, institution of legal action, or imposition of <br />civil or administrative penalties. <br />~6} Taxes collected from a servi ce user by a servi ce supplier which <br />are not rem tted to the c~ ty manager by the service supplier on or before the due <br />dates provided in this section shall be delinquent. <br />3.135 Affordable-Housin Utilit Consum tion Tax - Service Su liers~ <br />Penalties and Interest. <br />~ 1 } Any service supplier who fails to remit the service user tax <br />imposed by section 3. l29 and col 1 acted by the service supplier within the time <br />required by section 3.133, shat 1 pay, i n addi t i an to the amount of the tax due, <br />a penalty of ten percent ~ 10%} of the amount of the tax, The penalty shall be <br />added on the last day of each month fvl 1 owi ng the date on which the remittance <br />was due until the tax and penalties are fully paid. The total amount of the <br />monthly penalties provided far in this subsection shall not exceed double the <br />total amount of the tax due. <br />~ 2 } I f the city manager ,determines that the nonpayment by any <br />serv ~ ce suppl ~ er of any rem ttance due ~ s wi 1 f ul l , or i s due to fraud, a penal ty <br />of twenty five percent ~ 25%} of the amount of the tax shall be added thereto, i n <br />adds t~ on to the penalty set forth i n subsection ~ 1 } above. <br />Ordinance - 3 11~2g~g5 <br />
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