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HomeMy WebLinkAbout1982-09 Confirming the Town's Exemption of Food Sales from the Sales Taxs RESOLUTION ,#9 Series of 1982) A RESOLUTION OF THE 'TOWN COLaNCIL CONFIRMING THE TOWN' S EXEMPTION OF FOGD StiLES F~;,OM THE SALES T'AX; DIRECTING THE STATE OF COLORADO NOT TO COLLECT TFiE SALES 1 AX ON l~ OOD ; PRO- VIDING AN INDEMFdiFICATIC~N AND HOLD HARMLESS STATEMENT FOR THE STATE OF COLORADO DEPARTMENT OF REVENUE ; AND Si~,T`I~ING mORTH DETAILS IN RELA- TION THERETO. WHEREAS, the Town Council by Ordinance #41, Series of 1979, exempted food sales from sales tax commencing January 1, 1980; and, WHEREAS, the State of Colorado Department of Revenue did not receive a copy of Ordinance #gl, Series of 1979, and WHEREAS, the State of Colorado has not been receiving sales tax on food sales since that time; and WHEREAS, the State of Colorado Department of Revenue has requested specific authorization not to collect such tax and an Agreement by the Town to indemnify it and hold it harmless from the tax that has not been collected since January 1, 1980; and WHEREAS, the Town Council wishes to reaffirm its decision to exempt food sales from sales tax, to direct the State of Colorado Department of Revenue not to collect sales tax on food sales, and agree to and indemnify and hold the Department of Revenue harmless from such noncollection. NOW, THEREFORE, BE IT RESOLVED BY THE T0~1'N COUNCIL OF THE TO~i~N OF VA I L , STATE OF COLORADO , THAT Section 1. The Town Council reaffirms its decision as stated in Ordinance #41, Series of 1979, that food sales shall be exempt from the Town of Vail's sales tax. Section 2. The Department of Revenue of the State of Colorado, acting as the agent for the Town of Vail for the collection of sales tax, is hereby directed not to collect the Town ofVail's sales tax on food sales which occurred on or aftex January 1, 1980. I r 2- Section 3. The Town agrees to indemnify, defend and hold harmless the State of Colorado Department of Color.~,do and its agents from, agai:lst, and with respect to any claim, liability, obligation, loss, damage, assessment, judgment, cost or expense, ~.ction, suit, pro- ceeding, dernand, of any kind or character, arising .gut of or in any manor inca.dent to the State of Colorado Department of Revenue's non- collection of the Town of Vail's sales tax on food sales which occur on or after ~3anuary 1, 1980. INTRODUCED, READ, APPROVED AND ADOPTED THIS 16TH DAY OF FEBRUARY, 1982. iC~ C_ .1~~:~ Rodney E. Slifer, Mayor` ATTEST i~ Jr~ een Kline, Town Clerk