The URL can be used to link to this page

Home My WebLink AboutOrdinance 454 Public Utilities ORDINANCE NO. 454 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. 161; 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 Commission of Winter Springs, Florida, has assessed the needs of the City and the means of raising revenue, and has determined it to be in the best interest of the citizens of Winter Springs, Florida, for the health safety and welfare of the citizens of Winter Springs, Florida, to increase the utility tax from its current rate of 4% to 8 %, and WHEREAS, to accomplish the same Ordinance No. 161 should be repealed. NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS: SECTION I(a): There is hereby levied against each and every purchaser ot person using electricity, metered or bottled gas, water, local telephone and telegraph service within the corporate limits of the City of Winter Springs, Florida, a tax based upon and a charge made, by the seller thereof, as follows: Eight percent of the total amount billed. Said percentage may be changed from time to time by Resolution duly passed by the City Commission of Winter Springs, Florida. SECTION I(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 often than monthly. SECTION 2(a) It shall be the duty of every seller of electricity, metered or bottled gas, water, local telehone and telegraph service, to collect from the purchaser, for the use of the City of Winter Springs, the tax hereby levied at the time of collecting the selling price charged for each transaction and to report and to pay over, on or before the 15th day of each fiscal month, unto the tax collector of said City, all such taxes levied and collected during the preceding fiscal month. SECTION 2(b) It shall be unlawful for any seller to collect the price of any purchase of electricity, metered or bottled gas, water, local telephone and telegraph service, without at the time, collecting the tax hereby levied in respect to such purchase or purchases, unless such seller shall elect to assume and pay such tax without collecting the same from the purchaser. SECTION 2(c) Any seller failing to collect such tax at the time of collecting the price of any purchase, where the seller has not elected to assum and pay such tax, shall be liable to said City for the amount of such tax in like manner as if the same had actually been paid to the seller, and the City Mayor of said City shall cause to be brought all suits and actions and to take all proceedings in the name of the City as may be necessary for the recovery of such tax; provided, however, the seller shall not be liable for the payment of such tax upon uncollected bills. SECTION 2(d) If any purchaser shall fail, neglect or refuse to pay to the seller, the seller's said charge, and the tax hereby imposed and as hereby required, on account of the purchase for which such charge is made, or either, the seller shall have and is hereby vested with the rights, power and authority to immediately discontinue further service to such purchaser until the tax and the seller's bill shall have been paid in full. SECTION 3. Each and every seller of electricity, metered or bottled gas, water, local telephone and telegraph service, shall keep complete records showing all purchases in said City of such commodities or service, which records shall show the price charged upon each purchase, the date thereof, and the date of payment thereof, and said records shall be kept open for in- spection by the duly authorized agents of said City during business hours on all business days, and said duly authorized agents of said City shall have the rights, power and authority to take such transcripts thereof during such times as they may desire. SECTION 4(a) The United States of America, State of Florida, County of Seminole, City of Winter Springs, Florida, and their commissions and agencies and other tax supported bodies, public corporations, authorities, boards and commissions, shall be exempted from the payment of the taxes imposed and levied hereby. SECTION 4(b) Said tax shall not apply to purchases of bottled water, or to long distance telephone service, or to coin box telephones. SECTION 5. Any purchpser willfully failing or refusing to pay the tax hereby imposed, where the seller has not elected to assume and pay said tax, and any seller violating the provisions hereof, or any officer, agent or employee of any seller, violating the provisions hereof, shall be guilty of a misdeameanor, and shall, upon conviction, be punished by a fine not exceeding Five Hundred Dollars ($500.00), or by imprisonment not exceeding sixty (60) days or in the discretion of the County Court, may be punished by both such fine and imprisonment, and each violation shall be deemed a separate offense, and shall be punished accordingly. SECTION 6. That Ordinance Number 161 be and the same is hereby repealed. SECTION 7. Conflicts. This Ordinance shall not be construed to have the effect of repealing any existing Ordinance concerning the subject matter of this Ordinance, but the regulations established herein shall be supplemen- tal 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 sub- section 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 27th day of March, 1989. PASSED AND ADOPTED this 27th day of March, 1989. CITY OF WINTER SPRINGS LEANNE M. GROVE, MAYOR ATTEST: Mary T. Norton CITY CLERK Posted 2/27/89 3/2/89 First Reading 2/27/89 Posted 3/2/89 Second Reading and Public Hearing 3/27/89 . The Oi'lando Sentinel . Publw.eci Daily Altamonte Spring., Seminole County, Florida $41. 81 ADVERTISING CHARGE ~t(tte of lflortr}(t} ss. COUNTY OF ORANGE Sworn to and subscribed before me this 14 th day NCmCE OF PU8UC HEARING CITY OF WINTER 8PAlNGS, FLORIDA NOl1Cf.! IS HEREBY ~ by the City CommIssIon of the CIty of Winter ==, Florida, ... said Commission nance~~J::'.~og on en ordi- ORDINANCE NO. 464 AN ORDINANCE OF THE CITY OF WINTER SPRINGS. FLORIDA ADOPT1NG AND PROI/IDlNG THE LEVY OF TAXES. AGAINST THE CONSUMER OF PUBUCUTlUTIEll . WI1liIN THE CORPORATE UMITS OF WINTER SPRINGS, FLORIDA. PROVIDING FOR THE COLLEC. TION THEREOF BY THE SEUER PAYMENT THEREOF BY THE SEUER TO THE CITY OF WINTER SPRINGS, FLORIDA, AND PROVID- ING FOR A PENALlY FOR THE Vl- OLATION THEREOF BY THE SELL. .ER OR PURCHASER. REPEAuNG ORDINANCE NO.1S1; CON. FUCTS, ..sEVERABIUTY AND EF. FECTIVE DATE. This Public Heming wiI be hekl.at 7:30 . p.m. on Monday. IIarch zr. 1989, or as soon thereefI8r &8 possible" in the Com- mieslon Ch8rnbet. City Hell. 1126 East S. R. 434, WInter SprinQa. R. 32708. Copies of the PI'OIlOS8ll or<Iinance are available In \he oflIce of the City Clerk for inspection. Inlerested p&Ities may appear at this '-ing end be h8erd wilh respec:t to this proposed ordinance. Persons are lIIMsed that .ilthey decide to lq)P8lII 8I1y' decision made at thiS ..-rog. they wII need a record of the ~ and tor such JUPOSB.they may need to Ill1SUIe that a wrbaIim re- cord of the ~ngs is made which record inc1ude8 the tBmony end lJIIi- dence upon Which the = is to be ~ Section 286. 105 Florida 0aIIIId this 3rd day of March. 1989. CITY OFWlNlER SPRINGS. FLORIDA Is/Metv T. Nolton 'Mrv f. Norton CiiY' Clerk . ~74(6s) Mar.12.1!l89 Before the undersigned authority personally appeared SyluiEl HEl2:Y , who on oath says that she is the Legal Advertising Representative of the Orlando Sentinel, a Daily newspaper published at Altamonte Springs, in Seminole County, Florida; that the attached copy of ad. vertisement, being a Noti~R of ~lhli~ H~~ring in the matter of Ordinance No. 454 in the Court, was published in said newspaper in the issues of March 12, 1989 Mfiant further says that the said Orlando Sentinel is a newspaper published at Altamonte Springs, in Seminole County, Florida, and that the said newspaper has heretofore been contin. uously published in said Seminole County, Florida, each Week Day and has been entered as second. class mail matter at the post office in Altamonte Springs, in said Seminole County, Florida for a period of one year next preceding the first publication of the attached copy of ad. vertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ~.~ of March A.D., 19 89 ~ f).~ ~ Notary Public Notary Public, StGte of Florida at Came My Commission Expires February 9, b9~ Bonded thru Brown & Brown, Inc. FORM NO. AD-264