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Ordinance No. 19655
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1980s No. 18550-19659
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Ordinance No. 19655
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Last modified
6/10/2010 3:46:01 PM
Creation date
2/5/2009 12:01:07 PM
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Council Ordinances
CMO_Document_Number
19655
Document_Title
An Ordinance establishing a business privilege tax for natural gas suppliers; adding Sections 3.600, 3.605, 3.610, 3.615, 3.620, and 3.625 to the Eugene Code, 1971; and declaring an emergency.
Adopted_Date
12/4/1989
Approved Date
12/4/1989
CMO_Effective_Date
12/4/1989
Signer
Jeffrey R. Miller
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Natural Gas,,.Su leer Tax A,,_ <br />3.615 _ ~ ~ pp,,, ~ ,~~,~... ..,. - ud i t . <br />~1} The acceptance of any payment required by the city shall not <br />be construed as an acknowledgment that the amount paid is the correct amount <br />due, nor shall such acceptance of payment be construed as a release of any <br />c1 ai m the city may have for additional sums due and payable. <br />~2} All tax payments shall be subject to audit by the city and an <br />assessment or refund if the payment is found to be in error. Any assessment <br />requiring additional payment and all interest and penalties shall be immedi- <br />ately due and payable. <br />. ~3} In the event that such audit results in an assessment by and <br />an add~t~onal payment due to the city, such additional payment shall be sub- <br />ject to interest at the rate of eight percent ~8%} per year from the date the <br />original tax payment was due. <br />. ~4} In the event that such audit results in an assessment by and <br />an add~t~onal payment due to the city which the city manager finds to have <br />been the result of intentional acts seeking to avoid payment of the full <br />amount due the city, the natural gas supplier shall be subject to an addi- <br />tional penalty of ten percent X10%} of the total amount of the additional <br />tax payments due. <br />~5} Any amount due the city as a tax, interest or penalty under <br />section 3,605 or this section shall constitute a debt of the person from whom <br />the amount is due. The city may bring action in a court of competent juris- <br />diction to enforce payment of the debt. <br />~6} Any amount due the city as a tax, interest ar penalty under <br />section 3.605 of this code or this section may, by declaration of the city <br />manager, be made alien on the personal property of the person from wham the <br />amount is due. The city may enforce payment of the amount by foreclosure <br />of the lien in any manner authorized by law, <br />3.620 Natural Gas Su lier Tax - Other Obli ations Unaffected. Except as <br />provided in section 3.625, any amount due the city as a tax under <br />section 3.605 of this code is in addition to any other payment required by <br />law, and shall not be considered as payment in lieu of or as a credit toward: <br />~a} Any franchise fee paid to the city for the use of the <br />public ways and places of the city; <br />fib} The payment of any general ad valorem taxes levied or <br />imposed upon the properties of the natura] gas supplier; <br />~c} Any local improvement assessment impaled on the natural <br />gas supplier; <br />~d} Any permit fees or inspection fees required by the con- <br />struction codes or other ordinances of the city which are or may <br />hereafter be adapted; or <br />fie} Any similar fee or charge imposed by law. <br />3.625 Natural Gas Su lier Tax - Credit for Franchise Fees. A natural <br />gas supplier which is required to pay a franchise fee to the city <br />for the use of the public, ways and places of the city may subtract the amount <br />of the franchise fee paid for the same year or part of the year in which the <br />tax is in effect from the total amount due as a tax under section 3.605 of <br />this code. In no event shall a natural gas supplier pay to the city in an <br />one calendar ear an mo e y <br />.y , a unt more than four percent X4/0} of gross revenues ~ n <br />combined business pr~v~lege taxes and franchise fees. <br />Ordinance - 3 <br />
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