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548A TO '�,'N Off' �'AOS RDINA'-Lvi CE S YEAR: NUMBER. ORDINANCE N0, 5' V ii AN ORDINANCE RELATED TO MUNICIPAL SALES TAXES; AMENDING SECTION 2 OF ORDINANCE NO. 549 , PASSED, ADOPTED, SIGNED , AND j; APPROVED March b, 1967; AND DECI..ARING AN EMERGENCY. i BE IT ORDAINEI) BY THE GOVERNING BODY OF THE TOWN OF TAOS , i 'i NEW MEXICO: Section 1. Section 2 of Ordinance No. 549 , passed, ' y Sj adopted, signed and approved March 6 , 1967 is amended to �i read: Section 2. DEFINITIONS, As used in this ordinance: j { !? A, "Bureau" means the New Mexico Bureau of Revenue, J ' the Commissioner of Revenue, or any employee of the Bureau exercising authority lawfully delegated to him by the Co-inmissioner. Ij B. "Buying" or "Selling' means any transfer of property for`, consideration or any performance of service for consideration. Ii f! C. "Contracting" includes, but is not limited to, construct!- ing, altering, repairing or demolishing any: { (1) road, highway, bridge, parking area or related project; (2) building, stadium or other structure; (3) airport, subway or similar facilities ; i (4) park, trail, athletic field, golf course or similar facility; (5) dam, reservoir, canal, ditch or similar ;! facility; it (6) sewage or water treatment facility, power generating plant, pump station, natural gas compressing station or similar facility; �! (7) sewage, water, gas or other pipeline; f { i Y (8) transmission lines; (9) radio or other tower; I i I; (10) water, oil or other storage tanks; j i` (11) shaft, tunnel or other mining appurtenance; it or i �( (12) similar work. "Contracting" also includes; I �j 1 ' (13) leveling or clearing land; , I� jj it (14) excavating earth; , (15) drilling wells of any type, including seismograph shot holes or core drilling; t or l �{ (16) similar work. }� D. "Engaging in business" means carrying on or causing to i I be carried on any activity with the purpose of direct or indirect i benefit, E. "Gross receipts" means the total amount of money or the value of other consideration, received from selling property in ! the municipality, from leasing property employed in the municipals ii ity or from performing services in the municipality,ity, and includes any type of time-price differential and receipts from sales of �! jj property handled on consignment but excludes cash discounts it allowed and taken. rt In an exchange in which the money or other consideration j received does not represent the value of the property or service ! exchanged, "gross receipts" means the reasonable value or the j ji property or service exchanged. i Ij When the sale of property or service Ls made under any it type of charge, conditional or time sales contractor. the leasing i 2_ j i ti. of property is made under a leasing contract, the seller Ior lessor may elect to treat all receipts under such contracts as gross receipts as and when the payments are actually received. I If the seller or lessor transfers his interest in any such contract to a third person, he shall pay the municipal sales tax upon the � i f full sale or leasing contract amount. "Gross receipts", for the purpose of the business of i tj buying, selling or promoting the purchase, sale or leasing, as i �; :cactor, agent or broker, on a commission or fee basis, of any j ' property, service, stock, bond or security, includes only the total I� . commissions or fees derived from the business. F. "Manufacturing" means combining or processing components ( or materials to increase their value for sale in the ordinary 1 I I course of business but does not include contracting. �V I� 1 "Person" means: (1) any individual, estate, trust, receiver, cooperative association, club, corporation, company, i� firm, partnership, joint venture, syndicate or other entity, in- eluding any gas, water or electric utility_ owned or operated by a county, alit or other political subdivision of the state , Y� municipality P (2) the United States or any agency or instrumentality thereof, 1. ?; the state of New Mexico or any political subdivision thereof. i ;i H. "Property" means real property or tangible personal property. Tangible personal property includes electricity. i I. "Leasing" means any arrangement whereby, for a considera-` tion, property is employed for or by any person other than the owner of the property. ! f -3- � i I i;6 4. i I J. "Service" means all activities engaged in for other persons 'I li for a consideration, which activities involve primarily the.-Per- formance of a service as distinguished from selling property. { f "Service" includes contracting and all materials employed in contracting are to be treated as part of the.:service. However, i sales of materials that will be employed in contracting to persons II engaged in contracting are sales of tangible personal property. K. "Tax" means the municipal sales tax. j L. "Use" or "using" includes use, consumption or storage othe-. than storage for subsequent sale in the ordinary course of business or for use solely outside for the municipality. f M. "Municipality" means the Town of Taos, New Mexico. " I� Section 2, EMERGENCY, This ordinance is hereby declared to be an emergency measure on the grounds of urgent public need. It � is therefore to become immediately effective upon publication as { provided by law. Section 3. EFFECTIVE DATE. This ordinance, shall be effective on and after , 19-04-L. PASSED, ADOPTED, SIGNED AND APPROVED THIS _DAY OF 19-Ld. MAYOR I f (SEAL) ATTEST: I C I I -4- PUBLICATION DATE, --This ordinance was published on_ r- , ` 19 0 b publishing in the "Taos News", Taos, New Mexico. a 1 i f i f