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515 �6 rx� F: j 1 r s a� S } i i i i S i t i i TOWN OF TAOS ORDINANCES i YEAR, 9 !59 i NU—M--BER, r STATE OF NEV MEXICO COUNTY OF TAOS T0UN OF TAOS ME' ORDINANCE No. AN ORDTIIAMU'E, :ROVTD.11,* : FOR A TA.ti Ul�OI,: GA5'.:Lli�E, A1.,D P.OMR FU,!;L SOLD Ai-D DELNERED STTll'I`: T;:,; COPFOItA. PE i,f`,.I`IT; T-? THE 'Jl !:'1C�S, i 70VTDING FOR Till CCI.LI? :'P?CPi it"D D1SP0.ST'ION ,f SUCH PAX; PROVTDTNG FOR 'Pfaff; A:=FOTN"nin. T OF A D,'(-)TOR FUEL %►: COLLECTOR ,W T'M ADEi,)UATJ,- f-MiI MS; FROV'ID TYG PENALTTFS FOR 'lW-• VTOT,ATION OF TH!S nR?)TPIAP CE; RF1Pf'ALTtrC: C01 FLIC,TT.iTG ORDTI'- A1,R;FS; AND ;)F(,LAR7G AN F.MGENCY. "�OiEHEAS, The Tnwn of idcr, i.rr the County of Taos, State of liew Mexico, i.s a lerally c011:3 ti toted and •Pf u,lrly created, e:tablished, organized and exis ting municipal corporation under the '_aws of the State of New Mexico, it's of- icial corporate narne be i nf, Town of Taos, AIND in the opinion ,f the legally constituted Towr, Council of said Town of Taos, it is necessary a.rd expedient, in order to provide for anti protect the health, safety, cemfort and general welfare of the citizens of said Town to forthwith fix and collect a license tax upon gasoline and motor fuel in the sum of (1¢) cent i-er gallon :iron such �zasoline and ;rotor fuel sold within the Limits of acid municipality pursuant to a.:.thority vested in said Tcryn by Article h3, laws of 1953, New McYico Statutes annotated anti laws amendatory thereto. !IF, IT 1.)RDAT? F,0 ?Y 'ME TML C^1JNCTL OF 'P;iE OF TAOS9 TAGS t•'i'iI;T" , i,[';-'.TCO: SEG'PTON 1, Definitions: (a) "Gasoline" is defined as (1) a volatile substance produced from petroleum, natural Eras, oil snales or coal, heretofore sold under the name of gasoline; (2 ) Anr volatile substance of not less than forty--six degrees ( t.ag- 1 iaubes) I aume Test, derived w;rolly or in part from ;:e troleurn, natural E7as, oil shaleG or coal; (3) Any volatile subst,.Lnce of not less than forty-six de frees t.agliarut)eG (Tapliabue) Paunie Test, sold or used for E;enerat.ing, power in internal co:r.buc ti.on engines; provided, ho.%Pver, that the term 't gasoline", as defined herein, shall not be construed to include any oetrolQrur,, natural pas, oil shales or coal derivative which must to further refined or processed before it can b(, tiscj in internal combustioIi engines. (b) "L''o for Fuel" is de l i re 1 as any vc la tle substance derived or c,)1r.pos ed :vholllr or in n1rt from Fasoline, petroleum, natural kits, oil shales, coal, al- cohol, or o t:per eleu,er,ts or Suns tance, which is r,rac tical ly or co!rnteri ci ally in internal enririe,, for t•enerat.i_nt' power to r.ronel motor vehicles, and inc?.ude • diesel fuel and butane or ,,ropane li.qui.fiel gas or any corr.Hnat.ion thereof conut,ercially us:allr. for 17.eneratinE; power to propel motor vehicles; The term I'Motor fuel" does not inclil,le keresene or distallates except when so refined or mixed v-rlth other volatile l.i:,uid or sul.stance that the refined product or resultant rJxture, or compound is practically or co:mmerci.any usable for l;enerati.ng power for propelling motor vehi cleF. (c) "Distributor" is defined as any rerson eni-af•ed in the business of !elling or maM_nE sales of Casoli.rle or motor fuel in the Town of Taos from refinerieF, tank farms, tank cars, transport trucks, receiving tanks or stations, or in or from tanks, barrels, drums, or other containers in :;uanti ,ies exceeding fif V-six (56) gallons in any one sale and delivery, except pers.:ns ent,af,,ed in selling exclusively in �.nterstate commerce, (d) "Retail Dealer" is defined as any person who sells, .lelivers , or constunes gasoline or motor fuel in the Town of Taos, in quantities less than Fifty-six (56) E-allons. .SNFAP t (e) "Consumer" is defined as any person who buys gasoline or motor fuel for use in any motor propelled vehicle owned, leased, or otherwise uaed by such person. (f) "Person" is defined as any person, firm, association, co-partnership, corporation or other legal entity whatsoever. i SEC`I'IUN 2, TAX LEVIED: From and after the 10th day of Ilay, 1958, there is hereby levied and J.mposed and. there shall re collected from and maid by every Jistributor., and retail dealer of gasoline and motor fuel a tax of one (1¢) cent per gallon on each f-allon of gasoline or motor fuel sold within the Town of Taos, provided however, that no tax shall 'U due or payable on motor fuel, except gasoline, soli to a consumer for heatinf-, cooking or for purposes other than for use in generati.nt po'rrer for pro- pelling m tor vehicles, and provided furilrer that no tax sh=all be paid on gasoline or motor fuel sold to the Federal Gove.-nment, or to the State of New Yexico, or to the County of Tao; , or to the Town of Taos. SECTI Ch 3, TAXABLE S,1LE: ahere gasoline and motor fuel is sold within the boundary limits of the Town of Taos by a. distributor thereof to a retail dealer thereof and subsequently sold within the outside limits of the Town of Taos by the retail dealer thereof to the conswner, the sale by the distributor shall be construed as the taxable sale for the purpose of this ordinance, and the subsequent Gale by the retail dealer shall not be taxes;/:yivided, that where the sale from the distributor of gasoline or motor fuel to the retail dealer thereof takes place outside ;;he boundary limits of the Town of Taos and the sale from the retail dealer thereof to the consumer takes place within the outside limits of the Town of Taos, the sale by the retail dealer within the Limits of the said Town shall be construed and the taxable sale for the rlurpose of this ordinance. Provided further, that where gasoline or motor fuel_ is sold, delivered, or distributed w=ithin the bounda:7f li.mi is of the Town of Taos by a distributor of gasoline or motor fuel to the ulti_r,_a -e consuumer thereof, alien, and in that even7; such sale shall be construed a,- the taxable sale for the r,urpose of this act. SECTTON 4, JOT()R FUEL TA:( COLI,?,CTORS: The Clerk of the Town of `faos,. Is hereby designated as Motor Fuel_ Tax C:ol.lretor of the Town of Taos, and is vested with all the neces.ary power to properly enforce this ordinance, including; authority to ins;:ect and audit all records of distr-ib,ators, retail dealers, consumers, and all such other persons as he may find necessar,, and exr edient to .innoect and audit. SECTToN 5, YOP;THLY HEPOftT3; Every distributor and retail dealer shall on or 10efore the 27th da-; of each month, wake a complete report under oath to the Town of Taos upon, forms to be furnished by the Town of Taos of all gasoline and motor fuel sold, ?el ivered or distributed dur l nt the (,receding- calender month either to consumers �r to retail dealers within the boundary limits of the Town of Taos and shall remit to the Town of Taos with such report; !payment to cover the tax due for said preceding month as , :)osed by the terms of this ordinance. SECTION 6, USE OF TAK t,.02EY: The proceeds from the tax collected by the Town of Taos cinder the terms of this ordinance shall be credited to the General Fund of the Town of Taos. SECTION 7, REPLACES 01 iER TAXES v7I7x1l.N LIIfITATIONS, The tax mposed by the provisions of this ordinance shall t e in lieu of any other license or occupation tax against distributors or retail dealers in gasoline and motor fuel, however, in ti-: event such distributors or retail dealers are en- �aged in activities other than the sale of frasollne and motor fuel, then this ex- emption shall apply only to the extent of the actual sales of gasoline and motor fuel. lb • SECTION, 89 PE14ALTY FOR VIOLATION: Any person failing to make reports and remittances as specified in thip ordinance, or knowingly selling or distributing gasoline or motor fuel without, paying the tax thereon as specified in this ordinance, shall upon conviction they— of, be punished by a fine of not less than ten ($10.00) dollars or more than two hundred ($200.00) dollars, or by imprisonment in the City Jail for not less than five (5) days nor more than sixty (60) days. Each sale or failure to make such report shall constitute a separate offense punishable as herein provided. SECTION 91 REPEAL OF CONFLICTING ORDINANCES: Each and every ordinance of the Town of Taos heretofore enacted and now enforced, together with any other ordinance or ordinances, in conflict with the provisions of this ordinance, shall be and the same are hereby repealed and considered superseded by the provisions of this ordinance as of and effective at midnight of the 6th day of May, 1958. SECTION 10, CONS TZTUTIONALITIC: If any clause, sentence, paragraph or part of this ordinance shall for any reason be adjudged to be invalid or unconstitutional by any court of competent jurisdiction, such judgment shall not impair the remainder hereof, which can be given effect without the invalid portions of this ordinance, which are declared to be severable. SECTION 11, PUBLISHING, RECORDIM EFFECTIVE DATE: This ordinance after its passage and approval by the Mayor, shall be recorded in the Ordinance book of the Town, and shall be authenticated by- the signatures of the Mayor, as presiding officer of the Town Council, and attested by the signature of the Clerk, and the same shall be published in the E1 Crepusculo, the official Newspaper of the Tcwn of Taos which same is one of general circulation published in the Town of Taos, and shall be in full force and effect five days after such publication. PASSED, ADOPTED AND APPROVED THIS day of April, A. D. 1958, 7 Attest: Mayor Town 14V f