§ 53-106.2. Application to certain construction equipment.

(a)

Construction equipment located within the city for a period of more than thirty (30) consecutive days shall be subject to the tax.

(b)

Construction equipment located within the city for a period of thirty (30) consecutive days or less shall be taxed in an amount calculated as follows: The purchase price of the equipment shall be multiplied by a factor of one-twelfth ( 1/12 ) before being multiplied by the applicable rate set forth in section 53-99.

(c)

In instances in which subsection (b) of this section is applicable, the credit of subsection (c) of section 53-92 of this Code shall become applicable only at the time that the aggregate of the sales and use taxes legally imposed by and paid to other municipal corporations organized and existing under the authority of the laws or the constitution of any state on such construction equipment equals the applicable amount set forth in section 53-99 of this Code.

(d)

In order to be eligible for the tax reduction factor available under subsection (b) of this section, the taxpayer must comply with each of the following procedures:

(1)

Prior to or on the date that the equipment comes within the city, the taxpayer files with the manager a declaration of construction equipment on a form provided by the manager. The taxpayer shall declare on the form the dates on which the taxpayer anticipates that the equipment will come within the city and leave the city, a description of each piece of construction equipment, the actual or estimated purchase price, and the current market value of the equipment, and such other information as reasonably deemed necessary by the manager.

(2)

If applicable, the taxpayer files with the manager not less than once every ninety (90) consecutive days after the construction equipment comes within the city or, for construction equipment which is in the city for less than ninety (90) days, not later than ten (10) days following substantial completion of the work for which the construction equipment was brought into the city, an amended declaration of construction equipment stating any changes in the information contained in any previously filed declaration.

(3)

If the taxpayer files a construction equipment declaration as required in subsection (d) of this section, then any piece of construction equipment for which the purchase price was less than two thousand five hundred dollars ($2,500.00) need not be reported, provided that the construction equipment is temporarily within the city for a period of thirty (30) consecutive days or less.

(e)

If the taxpayer fails to comply with each requirement of subsection (d) of this section, the taxpayer is ineligible for the tax reduction factor of subsection (b) of this section and shall be required to pay the tax in full. The manager in the manager's sole discretion shall determine whether the requirements of subsection (d) of this section have been met by substantial compliance therewith.

(Ord. No. 680-87, § 7, 11-23-87)