HomeMy WebLinkAbout2006-037 - Promulgation and Publication of Tax Rate Applicable to Telecommunications ServicesBILL NO.2006-37
ORDINANCE N0.2006-37
AN ORDINANCE AUTHORIZING AND DIItECTING THE CITY OF RIVERSIDE, MISSOURI
TO PROMULGATE AND PUBLISH THE TAX RATE APPLICABLE TO TELECOMMUI~IICATIONS
SERVICES PURSUANT TO SECTION 92.086 (6), RSMo., AND AMENDING SECTION 705.010 OF THE
RIVERSIDE MUNICIPAL CODE
WHEREAS, the Municipal Telecommunications Business License Tax Simplification Act, HB 209 of the 93`~
Missouri General Assembly, as perfected, passed, and signed by the Governor (the "Act"), requires that municipalities
promulgate and publish revenue neutral tax rates on telecommunications companies providing telephone, telegraph or
telecommunications services as defined in Section 144.010, RSMo., ("Telecommunications Services") within the City;
and
WHEREAS, the Act provides that the tax rates applicable to the Telecommunications Services are to be in
accordance with rate information to be provided by the Missouri Director of Revenue no later than April 1, 2006, with
the rate to become effective for bills rendered on or after July 1, 2006; and
WHEREAS, the Act is the subject of a constitutional challenge pending in the Missouri Supreme Court; and
~REAS, the Missouri Director of Revenue has not provided the tax rate information described in the Act.
NOW, THEREFORE, BE IT ORDAINED, by the Board of Aldermen of Riverside, Missouri, as follows:
Section 1. For the purpose of complying with the Act until a final determination by the Missouri
Supreme Court whether the Act is constitutional and enforceable with respect to any cost, fee or tax imposed by the
City, the City Administrator is hereby authorized to promulgate and publish a revenue neutral tax rate, effective July 1,
2006, on all persons and companies engaged in the business of providing Telecommunications Services equal to five
percent (5%) of the gross receipts from the retail sale of domestic, commercial and industrial Telecommunications
Services in the City which are subject to taxation under sections 144.010 and 144.020, RSMo. .
Section 2. Effective July 1, 2006, to the extent then required by the Act, Section 705.010 of the Riverside
Municipal Code shall be deemed to conform to the requirements of the Act.
Section 3. The Mayor Pro Tem, City Administrator and City Clerk are authorized and directed to
perform all acts necessary or desirable to effectuate the intent of this Ordinance.
Section 4. The sections, paragraphs, clauses, and phrases of the Ordinance are severable and if any
portion of the Ordinance is declared unlawful by the valid judgment, decree, or injunction order of a court of
competent jurisdiction, such ruling shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and
sections of the Ordinance and all provisions of the Ordinance not specifically declared to be unlawful shall remain in
full force and effect.
Section 5. Sections 1, 3 and 4 of this ordin ce shall take effect immediately.
ADOPTED AND PASSED THISo~DAY OF 006.
s
R PRO TEM
ATTEST:
CITY CLERK
. t . ,l n~ 1