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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2010-011Temp. Ordinance # 2202 April 13, 2010 Page 1 of 6 ORDINANCE NO. 0-2010- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 6, "FINANCE AND TAXATION", ARTICLE VI "PUBLIC SERVICE TAX" OF THE CODE OF ORDINANCES OF THE CITY OF TAMARAC BY AMENDING SECTIONS 6-157 THROUGH 6-159 TO PROVIDE FOR THE IMPLEMENTATION OF A PUBLIC SERVICE TAX ON ELECTRICITY PURSUANT TO SECTION 166.231, FLORIDA STATUTES; PROVIDING FOR NOTICE TO THE DEPARTMENT OF REVENUE; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 166.231. et.seq. Florida Statutes authorizes a municipality to levy a tax on the purchase of electricity, metered natural gas, liquefied petroleum gas either metered or bottled, and manufactured gas either metered or bottled (the "Public Service Tax"); and WHEREAS, Section 166.233, Florida Statutes, expressly authorizes a municipality to establish a Public Service Tax by ordinance; and WHEREAS, The City of Tamarac levies a Public Service Tax at a rate of 10% on the sales of metered or bottled gas: and WHEREAS, the City Commission of the City of Tamarac (hereinafter referred to as the "City"), pursuant to Section 166.231, et.seq., desires to adopt a Public Service Tax on electricity, to be effective October 1, 2010; and E Temp. Ordinance # 2202 April 15, 2010 Page 2 of 6 WHEREAS, the City Commission deems the implementation of the Public Service- Tax on electricity to be in the best interests of the health, safety, and welfare of the citizens and residents of the City of Tamarac. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AS FOLLOWS: Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2. That Chapter 6, "Finance and Taxation", Article VI, "Public Service Tax", of the City of Tamarac Code of Ordinances be, and the same is hereby amended to read as follows: ARTICLE VI. PUBLIC SERVICE TAX Sec. 6-157. Rate and amount of tax on purchase of metered or bottled gas and electricity. There is hereby levied and imposed by the city within the corporate limits of Tamarac on each and every sale within the city of metered or bottled gas (natural liquefied petroleum gas or manufactured) and electricity a straight percentage tax in the amount of ten (10) percent of the payments received by the seller of such gas and/or electric service from the purchaser for the purchase of such gas and/or electric service. Competitive services to those above enumerated shall be taxed on a comparable base and at the same rate pursuant to Section 166.231(2), Florida Statutes. Page 2 of 6 CODING: Words in Str+leedg# type are deletions from existing law; Words in underlined type are additions. Temp. Ordinance # 2202 April 15, 2010 Page 3 of 6 Sec. 6-158 Collection of tax; reporting requirements; annual fee. It shall be the duty of every seller of metered or bottled gas (natural, liquefied petroleum gas or manufactured) to collect from the purchaser for the use of the city the tax imposed or levied hereunder and to report and pay over to the city all such taxes imposed, levied and collected as follows: (1) Each gas company subject to the provisions of this article shall register with the city finance department and shall provide such information as the finance department shall require at the time of registration. Registration information shall include the following: a. Name, address and phone number of principal, owner, or other party responsible for the day-to-day operation of the gas company; b. Registered agent (if a corporation); c. Business address; and d. Business phone number. (2) Each gas company subject to the provisions of this article shall pay an annual fee of one hundred dollars ($100.00) to offset the costs of registration and reviewing all reports required. (3) Each gas company subject to the provisions of this article shall, on or before the twentieth day of each and every month, report to the city and pay to the city such tax as may be due on all sales of service within the corporate limits of the city made during the preceding month and billed or collected by the company. The report shall show the gross sales within the corporate limits, the gross taxable sales within the corporate limits and the amount of the tax upon such gross taxable sales. (4) The company shall file such report with the finance director and pay the tax required to be collected by the company for use and benefit of the city. If such report and taxes are not paid over to the city within ten (10) days following the due date thereof, the same shall bear interest payable by the company at the rate of one Page 3 of 6 CODING: Words in strike thFough type are deletions from existing law; Words in underlined type are additions. Temp. Ordinance # 2202 April 15, 2010 Page 4 of 6 percent per month for each month or fraction thereof that such payments are delinquent. (5) It shall be the duty of every seller of electricity, to collect from the purchaser for the use of the city the tax levied by this article, at the time of collectina the sellina price charaed for each transaction calendar month to the city, all such taxes levied and collected during the preceding calendar month. It shall be unlawful for any seller to collect the price of any sale of electricity, without at the same time collecting the tax levied by this article in respect to such sale unless the seller shall elect to assume and pay such tax without collecting the tax from the purchaser. (56) Each company subject to the provisions of this article shall make available to the city its financial records of all sales within the city for a period to be determindd by the city, not to exceed three (3) prior years, said records to be delivered to the ewe d+reeter City's Director of Financial Services within ten (10) days of written notice by the city of intent to review the records. Sec.6-159. Penalty. It shall be unlawful for any purchaser of gas and/or electric services to refuse to pay the tax on any such taxable purchases, and it shall be unlawful for any company to fail or refuse to collect such tax and pay the same as herein provided. Any such violation shall be subject to a fine of up to five hundred dollars ($500.00) or imprisonment_ of up to thirty (30) days or both. Each day such failure or refusal continues shall be deemed a separate violation and shall be punishable as such. Section 3. It is the intention of the City Commission of the City of Tamarac that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this ordinance may be Page 4 of 6 CODING: Words in strike t Feu type are deletions from existing law; Words in underlined type are additions. Temp. Ordinance # 2202 April 15, 2010 Page 5 of 6 renumbered, re -lettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. Section 4. Upon adoption, the City Clerk shall transmit a copy of this Ordinance to the State of Florida Department of Revenue as provided by Section 166.233, Florida Statutes. Section 5. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not affecting the remaining portions or applications remaining in full force and effect. Section 6. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 7. This Ordinance shall become effective on October 1, 2010, as provided by Florida law. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) Page 5 of 6 CODING: Words in strike threugh type are deletions from existing law; Words in underlined type are additions. Temp. Ordinance # 2202 April 15, 2010 Page 6 of 6 PASSED, FIRST READING this�v day of �� , 2010. PASSED, SECOND READING this c; K day of Wall,, , 2010. BY: Aw� ATTEST_: MAYOR E H TAL-AI31SCO w, RECORD OF COMMISSION VOTE: MARION SWENSON, M CITY CLERK U�AYOR TALABISCO DIST 1: COMM BUSHNELL DIST 2: COMM. ATKINS-GRAD DIST 3: COMM. GLASSER DIST 4: V/M, DRESSLER I HEREBY CERTIFY that I have approved this ORDINANCE as to form: SAMUEL Sr. GO N .. CITY ATTORNE . _ . 1ST Reading RECORD OF COMMISSION VOTE: 2ND Reading MAYOR TALABISCO DIST 1: COMM BUSHNELL DIST 2: COMM. ATKINS-GRAD DIST 3: COMM. GLASSER DIST 4: V/M. DRESSLER Page 6 of 6 CODING: Words in StFake thFeu type are deletions from existing law; Words in underlined type are additions. 1 1