HomeMy WebLinkAboutBlue Sheet 01/09/2001-Construction Sales TaxTOWN COUNCIL
MEETING
TOWN
OF
MARANA
INFORMATION
DATE: January 9, 2001
AGENDA ITEM: IX. B. 5
TO: Mayor and Council :" -.~ .:
FROM:
James R. DeGrood, P.E., Development Sen, ices Adminisl~'at6r · -
SUBJECT: Adoption of Ordinance 2001.01, Amending Sections 8-416 and 8417 of the Marana Tax
Code to increase the Sales Tax Rate on Construction Activities From Three Percent (3%)
to Four Percent (4%), and Resolution 2000-08 Designating that Certain Tax Receipts be
· used solely for Transportation Capital Improvements, and providing for a Separate
Account for Such Funds.
DISCUSSION:
On February 15, 2000 the Maxana Town Council Approved the Final Plat for Continental
Reserve, a new subdivision in the Continental Ranch area. As a condition of the approval
of this Plat, the Town Council required the developer to participate in the funding of a
T~rtation Financing Needs Study, with the objective being to ensure that
development pay its fair share of future transportation costs. The recoa~,,endatiuns of ~
study were presented to the Mayor and Council at the July 5, 2000 regular meeting.
The Transportation Financing Needs Study consultant identified a recommended
strategy of increasing the Conslruction Sales Tax from 3% to 4%. Three-quarters (3/4) of
the Construction Sales Tax is to be dedicated to Transportation Capital Improvements.
If th/s Ordinance is adopted, the Consh-uction Sales Tax is estimated to generate $1}.8
Million from new homes in the Marana South Transportation Benefit Area through the end
of 2020 for Iransportation capital improvements.
It is important to note that this ordinance only increases the tax rate. It does not change
the method by wh/eh the tax is calculated nor does it change to whom the tax will apply.
Hence, any deductions or exclusions currently allowed by Code or any activity to which
the tax currently applies will continue to exist. Furthermore, the tax will apply only to
contracts executed after the effective date ofth/s rate increase, which is scheduled for May
1, 2001.
This Ordinance does not effect the General Sales Tax Rate of 2%.
The Resolution supercedes Resolution 98-06, which committed two-thirds (2/3) of the
Conslruction Sales Tax receipts to the Transportation Capital Improvement Project Fund,
and increases the commitment level to three-quarters (3/4) of the Construction Sales Tax
receipts for the Transportation Capital Improvement Project Fund.
PW/JRD/DMH/I 2/I 4/99 --
RECOMMENDATION:
Staff recommends adoption of Ordinance No. 2001.01 increasing the Construction
Sales Tax from 3% to 4% and Resolution 20014)8 committing three-quarters of
the Construction Sales Tax Receipts to the Town's Transportation Fund.
SUGGESTED MOTION:
I move that the Mayor and Council adopt Ordinance 2001.01 and adopt Resolution 2001-08.
PW/JR.I)/DM HI 12/14/99
MARANA RESOLUTION NO. 2001-08
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, DESIGNATING CERTAIN TAX RECEIPTS TO BE USED SOLELY FOR
TRANSPORTATION CAPITAL IMPROVEMENTS, AND PROVIDING FOR A SEPARATE
ACCOUNT FOR SUCH FUNDS.
WHEREAS, the Town of Marana has determined that it has significant need for
transportation capital improvements, and that such transportation needs have increased, and will
continue to rise, due to the dramatic escalation of development activities in the Town; and
WHEREAS, Ordinance No. 2001.01, as adopted by the Town of Marana Mayor and
Council, has increased the tax rate for construction contracting activities to four percent (4 %); and
WHEREAS, the Town Council of the Town of Marana has determined that three-fourths
(3/4) of the sales tax generated from construction contracting activities should be segregated from
other tax revenue, placed in a separate account, and used for the purposes of transportation capital
improvements.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, that three-fourths (3/4) of the tax revenue generated from construction
contracting activity within the Town of Marana, pursuant to sections 8-415, 8416, and 8-417 of
the Marana Town Code shall be placed in a separate account, and said funds and interest from said
funds shall thereafter be used solely for transportation capital improvements.
BE IT FURTHER RESOLVED that the effective date of this Resolution shall be May 1,
2001, and it shall apply to the designated tax revenue which is collected for construction activity
conducted after such date.
Page 1 of 2
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 9~ day of January, 2001.
ATTEST:
Mayor Bobby Sutton, Jr.
Jocelyn C: Entz
Town Clerk
APPROVED AS TO FORM:
Daniel J. Hochuli
As Town Attorney and not personally
Page 2 of 2
MARANA ORDINANCE NO. ~001.01
AN ORDINANCE OF THE TOWN OF MARANA, ARIZONA, R.ELATING TO THE
PRIVILEGE LICENSE TAX; AMENDING THE TOWN TAX CODE BY INCREASING THE
TAX RATE ON CONTRACTING ACTIVITIES; PROVIDING PENALTIES FOR THE
VIOLATION THEREOF; PROVIDING FOR SEVERABILITY AND DESIGNATING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA:
Section 1. The tax rate in each of the following sections of the town tax code is increased from
three percent (3%) to four percent (4%):
Section 8-415 Construction contracting: construction contractors.
Section 8-416 Construction contracting: speculative builders.
Section 8-417 Construction contracting: owner-builders who are not speculative
builders.
Section 2. Any person found guilty of violating any provision of these amendments to the tax
code shall be guilty of a class one misdemeanor. Each day that a violation continues shall be a
separate offense punishable as herein above described.
Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for
any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions thereof.
Section 4. The additional tax imposed pursuant to Section 1 of this ordinance shall not apply to
contracts entered into prior to the effective date of this ordinance.
Section 5. The provisions of this ordinance shall become effective on May 1, 2001.
Page 1 of 2
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona
this 9th day of January, 2001.
ATTEST:
Jocelyn C.. Entz
Town Clerk
APPROVED AS TO FORM:
Daniel J. Hochuli
As Town Attorney and not personally
Mayor Bobby Sutton, Jr.
Page 2 of 2