193.21  TAX FOR RECREATION FUND.
   (a)   Purpose.  To provide funds for the Recreation Fund of the City, there shall be, and is hereby continued levied, in addition to the general income tax as found in Section 193.02 of the City’s Codified Ordinances,  a permanent tax on certain compensation and net profits as hereinafter provided in this section.
   (b)   Imposition of Tax.  The additional annual tax for the purpose specified in subsection (a) hereof is levied at the rate of one-fifth percent (.2%) per annum on all salaries, wages, commissions and other compensation and net profits earned or received as the same are defined and levied upon in Sections 193.01 through  193.20, both sections inclusive, and as such sections may be amended from time to time.
   (c)   Effective Period.  The tax shall be levied, collected and paid with respect to said salaries, wages, commissions and other compensation and net profits earned or received on and after January 1, 2011 and in accordance with Section 193.04.  This section shall continue effective insofar as the levy of said tax is concerned until otherwise repealed.  Insofar as the collection of said tax, penalties and interest levied hereunder and actions or proceedings for collecting said tax so levied or enforcing any provisions of this section are concerned, including the tax for the recreation fund that was in effect prior to amendment of this section that covered a period from January 1, 1996, it shall continue effective until all of said tax levied under this section is fully paid and any and all suits and prosecutions for the collection of said tax or for the punishment of violations of this section have been fully terminated.
   (d)   Allocation of Funds.  The funds collected under this section shall be paid into the Recreation Fund of the City.  No part of said tax shall be appropriated or used to defray the costs of collecting said tax or the costs of administering and enforcing the provisions of this section as long as the City is collecting a sufficient amount of income tax under Sections 193.01 through 193.20 , both sections inclusive, (as they now exist or as may later be amended from time to time) to defray such costs.  If at any time while this section is in effect, said tax becomes the only income tax collected by the City, there shall first be appropriated from the funds derived from said tax such part thereof as shall be deemed necessary to defray all costs of collecting said tax and of administering and enforcing the provisions hereof.  The balance remaining after such costs shall be allocated to the Recreation Fund of the City.
   (e)   Incorporated by Reference.  All provisions of Sections 193.01 through  193.20, both sections inclusive, and 193.98 and 193.99,  and all income tax rules and regulations shall govern and apply to this section and said tax levied hereunder.
   (f)   Applicability.  This section shall not apply to any person or to any compensation or net profits as to whom or to which it is beyond the power of the City to impose the tax provided for in this section.
   (g)   Penalties.  The penalties found in Sections 193.98 and 193.99 shall apply to this section, such sections which may be amended from time to time.
(Ord.  080-09.  Passed 12-7-09; Approved by voters 5-4-10.)