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230128Original to City Clerk y }� ORDINANCE COUNCIL FILE NO 23.0128 . PRESENTED BY ORDINANCE NO — An ordinance imposing a tax on the users of local telephone service and providing for the assessment and collection thereof. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. The following definitions shall apply in the interpretation and enforcement of this ordinance: a: ;The term "local telephone service" includes: (1) the access to a local telephone system and the privilege of telephonic quality communications with substantially all persons having telephone stations constituting a part of such local telephone system; and (2) any equipment, facility or service provided in connection with a service described in paragraph (1). The term "local telephone service" does not include long distance telephone service, toll telephone service or any other service for which an additional charge is made and which charge varies in amount with the distance and elapsed transmission time of each individual communication. b. The term "telephone company" means any individual, firm, corporation, or other organization now or hereafter engaged in the business of furnishing telephone service within the City of Saint Paul. c. The word "person" means any individual, corporation, firm, partnership, organization, or other group acting as a unit. It also includes any executor, administrator, trustee, receiver, or other representative appointed by law. d. The word "user" means any person paying for local telephone, service furnished by the telephone company, except governmental units expressly exempted by Section 5 hereof. I- e. The word "tax" means the tax imposed by this ordinance. Section 2. Except as otherwise provided, there is hereby imposed on the users of local telephone service furnished within the corporate limits of -the, City a tax' of five percent 'W,.) ­on amounts- paid to the telephone company for local telephone service, exclusive of federal excise taxes. The taxti imposed by this section shall be paid by the person paying for the service. jVhere a user pays forlocal telephone service furnished both idthin and without the corporate limits of the City, the tax shall be based on the amounts paid for that part of the local telephone service which is furnished within the corporate limits of the City, under an allocation formula or method approved by the Commissioner of Finance. Yeas Councilmen Nays Passed by the Council Carlson Dalglish In Favor Holland Meredith Peterson, r Against Tedesco Mr. President _(Byrne) Approv es • ity Clerk Mayor -4610.® Form approved Corporation Counsel By original to City Clerk y PRESENTED BY Yeas _1/ = O- RDINANCE COUNCIL FILE NO 0` ti ORDINANCE NO- J Page 2. Section 3. The tax imposed by this ordinance shall be collected by the telephone company furnishing the service on which the tax is imposed, and said tax, less one percent (la) to be retained by the telephone company to cover the cost of collection and accounting, shall -be remitted to the Commissioner of Finance within forty -five (45) days after the end of the month in which it is collected. The Comptroller shall devise and furnish to the telephone company suitable returns on which to report and account for all taxes collected pursuant to this ordinance. Section 4. Service paid for by inserting coins in coin - operated telephones available to the public shall not be sub:34ct to the tax imposed by this ordinance. Section 5. Service furnished to the Government of the United K States or any State or Territory of the United States or any political subdivision of the foregoing shall not be subject to the tax imposed by this ordinance. Section 6. The tax unposed by this ordinance is a direct tax on the user of local telephone service, advanced and prepaid for the purpose of convenience and facility only. Section 7. No user of local telephone service shall be further liable to the City for any tax imposed by this ordinance which he has paid to the telephone company, even though the telephone company shall fail to remit the tax to the City. Section 8. If any part, sentence, or clause of this ordinance shall be adjudged void or of no effect, for any reason whatsoever, such decision shall not affect the validity of any of the remaining portions of this ordinance. Section 9. This ordinance shall become effective at 12 :01 a.m. January 1, 1967, and shall expire at 11 :59 p.m. December 31, 1967. Sectiop 10. This ordinance shall be deemed a part of the Saint -Paul..Legislative Code and shall be incorporated therein and given an appropriate chapter and /or section'.-number at the time of the next revision of the said Legislative Code. Councilmen Nays Garlsorl- v Dalglish Holland Meredith Petersen— Tedesco Mr. President (Byrne) SEP 3 01966 Passed by the Council Tn Favor Against SEP 3 0196 A pp rov Mayor , iunsel By IS 8 J HfD 1966 November' 15, ,1966 Mr, Joseph P. Summers • - Corporation Counsel - -- Building :- t Dear Sir: - r The .City Council referred y e attached letter of. ' = the ,Commubications Workers of .America .7201 by Re J. Scott., y- with reference to eligibili tit i a on the -telephone tax ' referendum petition. -. _ Very truly yours, z_ _ r City ng Clerk Ist / =5+ 2nd Laid over to C 3rd and app — Adopted ��3d Yeas \ - Nays Yeas Nays �carlson r�Ga s on �Dalglish alglish V-lolland 30128 olland Mere f Mere i 1 T sco `Tedesco \.Nmr. President Byrne �r. President Byrne