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HomeMy WebLinkAboutOrdinance 161 Public Utility Tax ORDINANCE NO. 161 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING AND PROVIDING THE LEVY OF TAXES, AGAINST THE CONSUMER OF PUBLIC UTILITIES WITHIN THE CORPORATE LIMITS OF WINTER SPRINGS, FLORIDA, PROVIDING FOR THE COLLECTION THEREOF BY THE SELLER, PAYMENT THEREOF BY THE SELLER TO THE CITY OF WINTER SPRINGS, FLORIDA, AND PROVIDING FOR A PENALTY FOR THE VIOLATION THEREOF BY THE SELLER OR PURCHASER, REPEALING ORDINANCE NO. 147; CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the City of Winter Springs, Florida, needs to provide adequate services to the citizens of Winter Springs, Florida, and in order to provide said services, must levy taxes on the citizens, and WHEREAS, the tax structure of the City needs to be reviewed periodically to enable the City to determine fair and equitable means of raising revenue, and WHEREAS, the City Council of Winter Springs, Florida, has assessed the needs of the City and the means of raising revenue, and has found due to the higher cost of utility ser- vices in relation to the economy as well as the burden upon the individual citizens of Winter Springs, Florida, that the utility tax should be reduced from its current level of 5% to 4%, and WHEREAS, to accomplish the same, Ordinance No. 147 should I be repealed. NOW THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS: Section 1 (a) There is hereby levied against each and every purchaser or person using electricity, metered or bottled gas, water, local telephone and telegraph service with- in the corporate limits of the City of Winter Springs, Florida, a tax based upon and a charge made, by the seller thereof, as follows: Four percent of the total amount billed. Said percentage may be changed from time to time by Resolution duly passed by the City Council of Winter Springs, Florida. Section 1 (b) The tax shall, in every case, be paid by the purchaser for the use of the City of Winter Springs, to the seller of such electricity, metered or bottled gas, water , local telephone and telegraph service, at the time of paying the charge therefor to the seller thereof, but not less tions established herein shall be supplemental and cumulative; however, in the case of a direct conflict with a provision or provisions of any existing Ordinance the provision which is more restrictive and imposes higher standards or requirements shall govern. Section 8. Severability. If any section or portion of a section or subsection of this Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section, or portion of section or subsection or part of this Ordinance. Section 9. Effective Date. This Ordinance shall take effect on the 1st day of January 1978. PASSED AND ADOPTED this 24 day of October, 1977. FIRST READING Oct 10, 1977 SECOND READING October 24, 1977 CITY OF WINTER SPRINGS, FLORIDA BY: Troy J. Piland Mayor ATTEST: Mary T. Norton CITY CLERK -4- TELEPHONE (305) 327.1000 WINTER SPRINGS, FLORIDA ZIP CODE 32707 October 26, 1977 TO: FROM: All Utilities operating in the City of Winter Springs, Fla. City Hall The attached ordinance No. 161 will reduce the utility tax as of January 1, 1978 from 5% to 4%. Please make the ajustments effective that date. Sincerely yours, ra Jean A. Halstead Asst. City Clerk Winter Springs, Fla. jah CITY OF WINTER SPRINGS, FLORIDA NOTICE OF PUBLIC HEARING * * * * * * * * * * * * * * * * * * * * TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN, by the City Council of the City of Winter Springs, Florida that said City Council will hold a Public Hearing at 7:30 P.M. on October 10, 1977 for consideration of the adoption of an Ordinance by the City of Winter Springs, Florida title of which is as follows: AN ORDINANCCE OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING AND PROVIDING THE LEVY OF TAXES, AGAINST THE CONSUMER OF PUBLIC UTILITIES WITHIN THE CORPORATE LIMITS OF WINTER SPRINGS, FLORIDA, PROVIDING FOR THE COLLECTION THEREOF BY THE SELLER, PAYMENT THEREOF BY THE SELLER TO THE CITY OF WINTER SPRINGS, FLORIDA, AND PROVIDING FOR A PENALTY FOR THE VIOLATION THEREOF BY THE SELLER OR PURCHASER, REPEALING ORDINANCE NO. 147; CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. A copy of said Ordinance shall be available at the office of the City Clerk of the City of Winter Springs, Florida, for all persons desiring to examine the same. All interested parties are invited to attend and be heard. DATED: September 16, 1977. MARY NORTON, City Clerk City of Winter Springs, Florida GARY E. MASSEY, ESQUIRE Altamonte Springs, Florida City Attorney September 16, 1977 The Sentinel Star Advertising Department 633 N. Ornagve Avenue Orlando, florida and The Sanford Herald Sanford, Florida 32771 In Re: Notice of Public Hearing for City of Winter Springs, Florida Gentlemen: I am enclosing herewith a Notice of Public Hearing which must be run as a legal advertisement at least fifteen (15) days prior to October 10, 1977. Please furnish my office with Proof of Publication and forward your statement to Ms. Mary Norton, City Clerk, 102 N. Moss Road, Winter Springs, Florida 32707. Very truly yours, GARY E. MASSEY GEM:pc Enclosures NEWMAN D. BROCK GARY E. MASSEY FRANKLIN T WALDEN JOHN V BAUM O. H.EATON,JR BROCK, MASSEY, WALDEN, BAUM & EATON ATTORNEYS AND COUNSELLORS AT LAW WINTER PARK FEDERAL BUILDING 355 EAST SEMORAN BOULEVARD ALTAMONTE SPRINGS, FLORIDA 32701 September 6, 1977 TELEPHONE (305) 834-8111 Ms. Mary Norton, City Clerk City of Winter Springs 102 North Moss Road Winter Springs, Florida 32707 In Re: New Ordinance on Utility Tax Dear Mary: Pursuant to Council's request, I have prepared and am enclosing the original of a new ordinance on the Utility Tax, repealing Ordinance Number 147 and setting the tax at four (4) percent rather than five. If you have any questions, please let me know. GEM:pc yours, Enclosure ~lorida Power Corp. -P.O. Box 14042 St. Petersburg, Fla. 33733 Seminole Utility Co. 1301 Winter Springs Blvd. Maitland, Fla. 32751 Southern Bell P.O. Box 390 Jacksonville, Fla. 32201 Southern States Utilities Co. 1450 N.E. l23rd St. N. Miami, Fl. 33161 Southeastern Propane Gas Co. P.O.Box 522857 Miami, Fla.33l52 Suburban Propane Gas Corp. P.O.Box 206 Whippany, N.J. 07981 Winter Park Telephone Co. ~XMX P.O.Box 3000 Winter Park, Fl. 32789 Fla. Public Utilities ~ 2.Dl T.]. f~-5-t-. ~ 3 (.~ u.J. G;~ d-'!-/. Sanford, Fl. 32771 t'J.c.J.(}IU<-.~ e_ u.-J~--o-I' ~~ ~, .3 J YOL. North Orlando Water & Sewer Corp. P.O.Box 44 Winter Park, Fla.32789 SENTINEL STAR P>lbli3hed Daily Alto.c10nt" S,)l'ings, Seminole County, Florida ADVERTISING CHARGE $14.15 'tate of JliIorina ( COUNTY OF ORANGE ~ SS. Before the undersigned authority personally appeared Marie M. Minner , who on oath says that -.-,-'. '="'Clif'io,,-" WINTER SPRINGS, FLORIDA NOTlC:E-OF PUBLIC: HEARING TO WHOM IT MAY CQNCERN: NOTICE<IS HEREBY GIVEN; bv the City Council of the City. of Winter Springs, Florida that said CilV CoUllcil will hold a Public Hearing at 7:30 P.M. on OctOber 10, 1977 for considerotio", of the adootion of on Ordinance bv the Citv of Winter Springs, Florida tille ot which is 0$ follows: AN oRorl'iANceoF THE CHY OF WINTER SPRINGS, FLOR. .. IDA, ADOPTING AND PROVIDING THE LEVY OF TAXES, AGAINST THE CON. SUMER OF PUBl.IC UTILITIES WITHIN THE CORPORATE LIMITS OF WINTER SPRINGS, FLORIDA, PROVIDING FOR THE COLLECTION THEREOF BY THE SELl.ER, PAYMENT THEREOF BY THE SELLER TO THE CITY OF WINTER SPRINGS; FLORIDA, AND PROVIDING FOR A PEN4'-L TY FOR THE VIOLATION THER- EOF BY THE SELLER OR PURCHASER, REp.EALING ORDINANCE NO. 147; CON- FLICTS, SEVERABIl.ITY AND EFFECTIVE DATE. A copy of said Ordinance sholl be. -ovoiloble at the office ot the Citv Clerk of the City ot Winter Springs, Florida, for 011. persons' desiring to examine the some.. . All interested parties are invited to atten'd and be heard. DATED: September 16,. 1977. MARY NORTON, City Clerk Citv of Winter Springs, Florida GARY E. MASSEY, ESQUiRe Altamante -Springs, Florida City AHornev i.R-S64{6$t 'Sellt,mber 24, 19-77 she is the Legal Advertising Representative of the Sentinel Star, a daily newspaper pUblished at Altamonte Springs, in Seminole County, Florida; that the attached copy of Notice of Public Hearing b advertisement, being a III the matter of 0 C toe r 10, 1977 re: Adoption of an Ordinance - Adoptin2 and prov~ding the in the Court, levy of taxes, etc., was published in said newspaper in the issues of September 24, 1977 Affiant further says that the said Sentinel Star is a newspaper published at Alta- monte Springs, in said Seminole County, Florida, and that the said newspaper has hereto- fore been continuously published daily.. in said Seminole County, Florida, and has been entered as second-class mail matter at the post office in Altamonte Springs, in said Sem- inole County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, permiSSion or refund for the purpose of securing this advertisement for publication In the said newspaper. ~/~<' ~: Ip;'-H-;P'U 2 th d~ 77 ,A.D. 19~. ,/ ,j! ~. ~/t/dICt/z-" Notary Public. Sworn to and subscribed before me this of September ~ ~ Notary Public, State of Florida at large My Commission Expires Sept, to, 1979 Bonded by American Fire & Casuolty Co. FORM 291 C