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08/09/2011 Ordinances 9308ORDINANCE NO. 9308 WHEREAS, the City of Grand Island finds it necessary to amend Grand Island City Code §23 -21 to separate fixed location or landline telephone service from two way cellular, wireless, mobile and /or radio telephone or communications service; and WHEREAS, the City of Grand Island finds it necessary to enact Grand Island City Code §23 -80, to reflect the separate application of occupation tax to two way cellular, wireless, mobile and /or radio telephone or communications service, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: I. That Grand Island City Code §23 -21 be amended to read as follows: Article III. Telephone Companies §23 -21. Occupation Tax; Exemption All telephone companies doing business in the City and providing fixed location or landline telephone service are required to pay an occupation tax to the City in an amount equal to three percent of the gross receipts from the legally established basic monthly charges collected for local exchange telephone service and intrastate message toll telephone service to subscribers in the City. There shall be exempted from the provisions of this article all receipts for telephone service to the United States government or any of its departments and all receipts from the State of Nebraska or any of its departments and no part or portion of the tax provided for in this article shall be levied upon or assessed against or taken from the United States government, the government of the State of Nebraska, or any of either of their departments. I1. That Grand Island City Code, Article VIII, §23 -80 be enacted to read as follows: Article VIII. Cellular or Wireless Telephone or Communications Companies §23 -80. Occupation Tax; Exemption All telephone or communications companies doing business in the City and providing two way cellular, wireless, mobile, and /or radio telephone or communications service are required to pay an occupation tax to the City in an amount equal to six percent of the gross receipts from the legally established basic monthly charges collected for local and intrastate telephone or communications services to subscribers within the City. There shall be excepted from the provisions of this article all receipts for cellular, wireless, mobile, and /or radio telephone or communications service to the United States government or any of its departments and all receipts from the State of Nebraska or any of its departments and no part or portion of the tax provided for in this article shall be levied upon or assessed against or taken from the United States government, the government of the State of Nebraska, or any of either of their departments. Approved as to Form 0 August 2, 2011_ 0 Cit torney III. Any ordinances or parts of ordinances in conflict are hereby repealed. IV. This ordinance shall be in full force and will take effect from and after its passage and publication on October 1, 2011. Enacted: August 9, 2011. Jay Vavricek, Mayor ATTEST: RaNae Edwards, City Clerk Ordinance NO. 9308 was not approved by the City Council at their August 9, 2011 City Council meeting. oil