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ORDINANCE NO. 2020-011
AN ORDINANCE AMENDING TITLE 3, CHAPTER 3, SECTION 5 OF THE KINGFISHER CITYCODEBYCREATINGAPERMANENTSALESTAXFORCONSTRUCTIONAND/OR IMPROVEMENTS TO CAPTIAL ASSETS OWNED BY THE CITY OF KINGFISHER OR ANY TITLE 60 PUBLIC TRUST OF WHICH THE CITY OF KINGFISHER IS THE SOLE BENEFICIARYBYLEVYINGANDASSESSINGSALESTAXINCREASEOFONE-THIRDF OF ONE PERCENT (1/3%); PROVIDING FOR REQUIREMENT OF APPROVAL BY A MAJORITY OF THE QUALIFIED REGISTERED VOTERS VOTING AT AN ELECTION HELD FOR SUCH PURPOSES AS PROVIDED BY LAW; AND SETTING AN EFFECTIVE DATE; AMENDING TITLE 3, CHAPTER 4, SECTION 6, SUBPARAGRAPH A OF THE KINGFISHER CITY CODE TO INCREASE THE AMOUNT OF EXCISE TAX LEVIED THEREBY TO THREE AND ONE-THIRD PERCENT (3 1/3%) OF THE PURCHASE PRICE UPONTHESTORAGE,USE,ORCONSUMPTIONOFTANGIBLE,PERSONALPROPERTY PURCHASED OUTSIDE OF AND BROUGHT INTO THE CITY OF KINGFISHER, OKLAHOMA; AND ESTABLISHING EFFECTIVEDATES
BE IT ORDAINED by the Board of Commissioners for the City of Kingfisher:
SECTION 1: Repealer
AsofOctober1, 2020,Title3,Chapter3,SubsectionCoftheKingfisherCityCody,relatingto the expiring HEART Tax, shall be repealed in itsentirety.
SECTION 2: New Language
AsofJanuary1,2021,Title3,Chapter3,Section5,SubsectionCoftheKingfisherCityCode shall be recreated and shall read asfollows:
C. Capital Improvements
SalesTaxCreation:ItisherebydeclaredthatbeginningonJanuary 1,2021 an additionalone-thirdofonepercent(1/3%)salestaxshallbeleviedandcollected pursuanttothetermsofthisChapteroftheKingfisherCityCode,subjecttothe approvalofamajorityofthequalifiedelectorsoftheCityofKingfishervoting on the same in the manner prescribed bylaw.
Purpose: The proceeds from this additional sales tax shall be used the construction and/or improvement of capital assets owned by the City of Kingfisher or any Title 60 Public Trust of which the City of Kingfisher is the sole beneficiary. During the early phases of the additional tax, funds will be used to improve capital assets related to Kingfisher's emergency response services,includingconstructionofadditionalspaceforthefiredepartmentand police department. Other potential uses of the proceeds could include, but are not limited to, street maintenance, utility infrastructure upgrades, upgrades to Memorial Hall, construction or demolition activities for public parksand numerousothercapitalimprovementprojects.Allprojectswillbeselectedfrom the official Capital Improvement Plan list approved annually by the Board of Commissioners of the City of Kingfisher or the Trustees of Title 60 Public TrustsofwhichtheCityofKingfisheristhesolebeneficiary.Revenuerealized from the Capital Improvements sales tax can be transferred, by the City of Kingfisher, to any Title 60 Public Trust of which the City of Kingfisher is the sole beneficiary, so long as the funds transferred are to be used in accordance with the provisions of this SubsectionC.
SECTION 2: Amendatory Language
As of January 1, 2021, the opening paragraph of Title 3, Chapter 3, Section 5 of the Kingfisher CityCodeshallbeamendedtoreflect thatthetotal amountoftheCitysalestaxisthreeandone third percent (31/3%).
SECTION 4: Amendatory Language
As of January 1, 2021, Title 3, Chapter 4, Section 6, Subsection A of the Kingfisher City Code shall be amended to read as follows:
A. There is hereby levied and there shall be paid by every person storing, using or otherwise consumingwithinthecitytangiblepersonalpropertypurchasedorbroughtintothecity,an excise tax on the storage, use or other consuming within the city of such property at the rateofthreeandone-thirdpercent(31/3%)ofthepurchasepriceofsuchproperty.
___ PASSED, APPROVED AND ADOPTED this 10th day of August, 2020.
NOT PASSED, APPROVED OR ADOPTED this 10th day of August,2020.
Brittney Hladik, City Clerk