HomeMy WebLinkAboutOrdinance 2015.018 Amending Section 8-110 of the Town Tax Code by Adopting Local Option AMARANA ORDINANCE NO, 2015,018
RELATING TO TRANSACTION PRIVILEGE TAX; AMENDING SECTION 8 -110
(DEFINITIONS: INCOME-PRODUCING CAPITAL EQUIPMENT) OF THE TOWN TAX
CODE BY ADOPTING LOCAL OPTION A OF THE MODEL CITY TAX CODE, ADDING -
NEW .AGRICULTURAL MA.CHINERYY AND EQUIPMENT To THE LIST OF EXEMPT
"INCOME - PRODUCING CAPITAL EQUIPMENT "; AND DESIGNATING AN EFFECTIVE
DATE
WHEREAS A.R.S. § 42 --6002 provides a procedure for the levy of transaction privilege
taxes by a city or town; and
WHEREAS IEREAS A. R.. S . § 9 -240 provides that the Town Council shall have control of the
finances of the town; and
WHEREAS AREAS the Town Council has adopted the Model City Tax Code as defined by
A.R.S. §42.6051; and
WHEREAS the Model City 'Fax Code includes an optional Local option A which
exempts new agricultural machinery and equipment from taxation as "income - producing capital
equipment "; and
WHEREAS the Town Council adopted title 8 of the Marana Town Code, adopting; the
tax code of the Town of Marana ( "Town Tax Code ") and any amendments to it via ordinance
No. 96.03; and
WHEREAS the Town Council finds that it is in the best interests of the community to
amend the Town Tax Code to adopt Local option A of the Model City Tax Code pursuant to the
terms of this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MAR-ANA, ARIZONA, AS FOLLOWS:
SECTION 1. 'I "he Town hereby adopts Local option A of the Model City Tax Code by
amending Section 8 -110 of the Town Tax Code (Definitions: Income - producing capital
equipment) to add subparagraph (a) (14) as follows:
Sec. 8 -110. Definitions: Income - producing capital equipment
(a) The following tangible personal property, other than items excluded in subsection (d)
below, shall be deemed "income- producing capital equipment" for the purposes of this
Chapter:
[subparagraphs (1) through (13) remain unchanged]
(14) new machinery and equipment consisting of tractors, tractor -drawn implements,
self - powered implements, and drip irrigation lines, acquired by persons engaged or
continuing in business for use in the commercial production of agricultural, horticultural,
viticultural, or floricultural crops in this State. For the purposes of this paragraph, "new
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machiner and equipment )) means machiner or e which has never been sold at
retail except pursuant to leases or rentals which do not total two y ears or more.
[subpara ( 15 ) throu ( 21 ) remain unchan
[para ( b) throu ( e ) remain unchan
SECTION 2. 'I'lie various town officers and emplo are authorized and directed to
perform all acts necessar or desirable to g ive effect to this ordinance.
SECTION 3. All ordinances, resolutions, or motions and parts of ordinances, resolutions,
or motions of the Council in conflict with the provisions of this ordinance are hereb repealed,
effective as of the effective date of this ordinance.
SECTION 4. If an section, subsection, sentence, clause, phrase or portion of this
ordinance is for an reason held to be invalid or unconstitutional b the decision of an court of
competent jurisdiction, the decision shall not affect the validit of the remainin portions of this
ordinance.
SECTION 5. This ordinance shall become effective on Januar 1, 2016.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, this-4th da of November, 2015.
- N 7
M RANA
ATTEST:
Jocel ronson, Town Clerk
Ma Ed Honea
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Marana Ordinance No. 2015.018 - 2 - 10/27/2015 4:17 PM