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O61-35 ORDINANCE NO. 61-35 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REPEALING SECTIONS 26-5, 26-6~ 26-7, 26-8 and 26-9 OF THE CODE OF ORDINANCES OF SAID CITY AND SUBSTITUTING THEREFOR ,LIKE NUMBERED SECTIONS CLARIFYING THE EXISTING MUNICIPAL TAX IMPOSED UPON THE PURCHASE OF ELECTRICITY, GAS AND TELEPHONE SERVICE WITHIN SAID MUNICIPALITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: SECTION h That Sections 26-5, 26-6, 26-7, 26-8 ~an~4~ 26-9 of the Code of Ordinances of the CITY OF BOYNTON BEACH, FLORIDA, are hereby collectively and severally repealed and the following numbered sections are hereby substituted in their place and stead: Sec. 26-5. Electricity, metered and bottled gas and telephone serw~ce~ Tax imposed. There is hereby levied by the City on each and every purchase;;, in the city of electricity, metered or bottled gas (natural, liquified petroleum gas, or manufactured), and local telephone service, a tax based upon the charge made by the seller thereof, as follows, to wit: 10% of the first $25.00; 5% on the next $50.00, or fraction thereof; 1% on the balance of all charges over $75.00 in amount; which tax, shall in every case, be paid by the purchaser, for the use of the city, to the s~iler of such electi~icity, gas, or telephone service at the time of paying the charge therefor, to the seller thereof, but not less often than monthly. Sec. 26-6. Same - Duty of vend~r to collect tax, liability of seller, etc. It shall be the duty of every seller of electricity, metered and bottled gas (natural, liquified petroleum gas, or manufactured)or local telephone service, to collect from the purchaser, for the use of the city, the tax hereby levied, at the time of collecting the selling price charged for each transaction, and to report and pay over, on or before the fifteenth day of each calendar month, unto the city clerk all such taxes levied and collected during the preceding calendar month. It shall be unlawful for any seller to collect the price of any purchase of electricily, metered or bottled gas (nalural, liquified peiroleum gas, or manufactured), or telephone service without at the same time collecting the tax hereby levied in respect to sueh purchase or purchases, unless such seller shall elecl to assume and pay such without collecting the same from the purchaser. Any seller failing to collect such tax at the time of collecting the price of any sale, where the seller has not elected lo assume and pay such tax, shall be liable to the ciiy for the amount of such tax in like manner as if lhe same had been aclually paid to the seller, and the mayor of the 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 recoyery of such tax ~ provided, however, thai the sellers shall not be liable for the payment of such tax upon uncollected bills. If any purchaser shall fail, neglecl or refuse lo pay to the seller, the seller's charge, and the tax hereby imposed and as hereby required, on account of the purchase for which such charge is made, or eilher, the seller shall have and is hereby vested with the right, power and authority to immediaiely discontinue further service lo such purchaser until the tax and the seller's bill have been paid in full. Sec. 26-7. Same - Records kepi by seller, inspection. ]Each and every seller of electricity, melered or bottled gas, (natural, liquified petroleum gas, or manufaclured), and local telephone service shall keep complete records s~h~im~ all sales in the city of such commodities or service, which records shall show the price charged upon each sale, the date thereof, and the date of payment therefor, and the records, shall be kept open for inspection by the duly authorized agents of the city during business hours on all business days, and the duly authorized agents of the city shall have the right, power and authority to make such transcripts thereof during such times as they may desire. -2- Sec. 26-8. Same - exemptions. The United States of America, State of Florida, and political subdivisions and agencies thereof are hereby exempted from payment of the taxes provided by sections 26-5 - 26-7. The tax shall not apply to long distance telephone service, or to coin box telephones. Sec. 26-9. Same - Computation of tax. In all cases where the seller of electricity, metered or bottled gas (natural, liquified petroleum gas or manufactured), or local telephone service collects the price thereof at monthly periods, the tax levied by sections 26-5 26~7 may be computed on the aggregate amount of purchases during such period, provided that the amount of tax to be collected shall be the nearest whole cent to the amount computed. SECTION 2: Separability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and sumhholding shall not affect the validity of the remaining portions hereof. SECTION 3: Repealing Provisions All ordinances or parts of ordinances in conflict with the pro- visions of this ordinance are hereby repealed. SECTION 4: Authority to Codify. Specific authority is hereby granted to codify this ordinance. SECTION 5: Effective Date. This ordinance shall become effective in the manner and at the time provided for by the charter and ordinances of the CITY OF BOYNTON BEACH, FLORIDA. -3- A.D. 1961. First reading this ~ ~ day of Second, final reading and Passage, this ~ o~ day of 0C~-og~ (CORPORA TE SEAL) ATTEST: Vice Mayor Councilman -4-