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O#212 0RDI~ANCE ~O. 212 AN 0R~INANCE LEVYING A~D i~0~ING A~ EXCISE OR PROVIDI~G FOE ~ EFFECTIVE DATE THEREOF; AND REPEALING ALL ORDINANCES AND P~i~TS OF ORDINANCES rN CON~LICT ~EREWITH. THE CITY OF BOYNTON BEAOH DOES ORDAIN: SECTION 1~ That am excise or privilege tax in addition to all other taxes of every kind imposed by law is hereby levied and i~osed.upen the sal% receipt, purchase, possession, consump- ~mon, handling, distribution and use of cigarettes in the territorial limits of the City of Boymton Beach for cigarettes of standard dimen- sions as defined by the General Law of the State of Florida, in the following amounts: 1. (a) Upon all cigarettes, three and one-half inches long or less, two and five-tenths (2 5/10) mills on each cigarette; Cb) Unon all cigarettes, between a~d six inche~ long, five (5) cigarette; and three and one-half mills on each (c) Upon all cigarettes, six inches long or longer, ten(lO) mills on each cigarette. _-- The description of cigarettes contained in subsection one of this section are hereby declared to be standard as to dimensions for taxing purposes as provided in this Ordinance and should any cigarette be received~ purchased, possessed~ sold, offered for sale, given away or used of a size other than of standard dimen- sions, the same shall be taxed at the rate of one (1) cent on each such cigarette. Where cigarettes, as described in subsection (1) (a) above, are packed in varying quantities of twenty cigarettes or less, the following rates shall govern: (a) Packages containing ten cigarettes or less require a two and five-tenths (2 %/10) cent tax; and (~) Packages containing more than ten but not more than twenty cigarettes require a five (5) cent tax. Where cigarettes, as described in subsection (1) (b) above, are packed in varying quantities of twenty cigarettes or less~ the following rates shall govern: (a) Packages containing ten cigarettes or less require a five (5) cent tax; and (b) Packazes containing more than ten but~no~ more than Twenty cigarettes require a ten (tO) cent tax. 5. Where cigarettes, as described in subsection (1) (c) above, are packed in varying quantities of twenty cigarettes or less, the following rates shall govern: (a)Packages containing ten'cigarettes or less require a ten (10) cent tax; and (b) Packages containing more than ten but not more than twenty cigarettes require a twenty(20) cent tax. SECTION II. The tax levied and imposed herein shall be collected by the Beverage Department of the State of Florida in the maine, er prescrSbed in Senate ~ill 18-X as adooted by the 19~9 Extra- er~lnary session of the Legmslature of the State of Florida. SECTION III. That all funds received by the City of Boynton Beach, by virtue of the ordinance shall be paid into a sepa- rate fund to be d~ignated "CIGARETTE TAX FUND" and shall be appropriat- ed and expended by the City Council for the following purposes only: For the future cost, purchase, building, designing, engineering, planning, reoairing, reconditioning, altering, expanding, maintaining, servicing an~ otherwise operating any of the following: Streets, bridges, storm sewers~ curbs, drains, gutters, water supplies, sanitary facilities and services for the preservation, protection or improvement of the public health 8nd safety~ including hospitals, fire stations and fire fighting equipment, sanitary sewers, sewerage disposal systens, sewerage disposal plants~,and facilities, garbage and refuse collection A~d disposal services, facilities and equloment, incinerators and other facilities and services, including street cleaning, inspections and servmces for the protection of pub- lic health including the enforcement of ordinances designed to maintain safe health standards with respect to foods, mosquito, insect and rodent eradication and control, and the removal and abatement of nuisances which may be or constitute dangers to nublic health and the exercise of controls for public safety, facilities-for the prevention of beach ero~ion~ the ~nforcement of the laws of the State of Florida, and municipal ordinances with respect to public travel, health a~d safety~_ and such other state functions which are performed by municipal govern merits withiu their boundaries, and re otherwise performed by the sta~e and county gevernmants outside of the limits of incorporated mUnicipalities$ 9r as o~er~i~e ~ro~ded b~ th~er_m~s~a~dv.~~ of Senate Bill I~-X, 19~, ~x~raaor~nary ~ess~on u~ ~ .... o ...... of ~he State of Florida SECTION V. This ordinance shall beceme effective em the 1st day of November, A. D. 1959. BE IT F~RTHER ORDAINED: That the above and foregoing Ordinance be and the same hereby is PASSED AND ADOPTED this 3rd day of 0cteber, A.D. 1959 being a Regular meeting of the City Council of the City of Boynton Beach, Florida~ and being the meeting at which the same was introdueed. It being determined by said City Council that an emergency exists necessitating adoption of this Ordinance without further reading. C onVabilman Councilman ATTEST: