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07-032 II 1 2 3 4 5 6 7 8 9 10 11 12 13 ORDINANCE NO. 07 - 03(~ . AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 23, ARTICLE II OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, ENTITLED "PUBLIC SERVICE TAX" BY ADDING A NEW DIVISION 4 TO IMPOSE A TEN PERCENT (10%) UTILITY TAX ON THE PURCHASE OF WATER SERVICE WITHIN THE CITY; PROVIDING FOR AN EFFECTIVE DATE OF THE LEVY, SEVERABILITY, CONFLICT, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach is charged with 14 protecting and preserving the public health, safety and welfare of the citizens, residents and 15 guests of the City of Boynton Beach; and 16 WHEREAS, the City of Boynton Beach (the "City"), a municipal corporation organized 17 and operating under the laws of the State of Florida, desires to levy a public utility tax on the 18 purchase of water service within the City, as authorized by the provisions of Chapter 166 and 19 203, Florida Statutes; and 20 WHEREAS, the City has not increased or expended the scope of utilities subject to 21 public services taxes since 1989 when it first levied a service tax on electrical, fuel, and gas, but 22 not on water services; and 23 WHEREAS, the City Commission has determined that the Public Utility Tax should be 24 established at ten percent (10%) of the payments received by the seller of the taxable item from 25 the purchaser of any water service as authorized by Chapter 166 , Florida Statutes; and 26 WHEREAS, the City Commission has determined that the public health, safety and 27 welfare requires that said utility tax be imposed in order to maintain effective and efficient 28 services and defray the cost thereof. 29 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CODING: Words in strike through type are deletions from existing law; Words in underscored type are additions. Page 1 of 4 II 1 THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: 2 Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby 3 ratified and confirmed by the City Commission. 4 5 Section 2. Article II, Public Service Tax, of Chapter 23 of the Code of Ordinances 6 of the City of Boynton Beach, Florida is hereby amended to add a new Division 4, to read as 7 follows: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 DIVISION 4 WATER SERVICE SECTION 23.100 LEVIED. Effective April 1 , 2008, there is hereby imposed and levied upon each and every purchase of water service within the City a tax in the amount specified in section 23.101 hereof, to be collected as hereinafter provided. SECTION 23.1 01 AMOUNT OF TAX. There is hereby levied and imposed by the City, upon every purchase of water services in the corporate limits of the City, included in or reflected by the authorized utility franchisee to the purchaser hereunder, a tax of ten (10) percent. The total amount of taxes due pursuant to this section shall be computed to the nearest whole cent. SECTION 23.102 APPLICATION OF TAX. The tax hereby imposed and levied shall apply to the purchase of water service, furnished periodically after installation or connection and shall not be applicable to installation costs, meter deposits, deposits guaranteeing payment or other charges made by the authorized utility franchisee for availability of service to the consumer. SECTION 23.103. CITY'S RESPONSIBILITY. The City is required and it shall be its duty to render to each purchaser, bills at least once a month, covering all the purchases of water service, and the amount of the tax imposed hereunder shall be entered and shown by it as a separate item on each such bill and shall become due and payable to the City whenever such bill becomes due and payable to the City. Each such bill shall include purchases applicable to but one (1) location, or to but one (1) family or business where more than one (1) family or business uses separate CODING: Words in strike through type are deletions from existing law; Words in underscored type are additions. Page 2 of 4 TT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 metered services at one (1) location in the corporate limits of the City. SECTION 23.104 FUEL ADJUSTMENT CHARGE. The tax imposed by this article shall not be applied against any fuel adjustment charge, and such charge shall be separately stated on each bill. Fuel adiustment charge shall mean all increases in the cost of utility service to the ultimate consumer resulting from an increase in the cost of fuel to the utility subsequent to October 1, 1973. SECTION 23.105 COLLECTION OF TAX. The authorized utility franchisee is hereby authorized and required and it shall be its duty to collect the tax imposed hereunder from such purchaser at the time of payment of each such bill, and to report and pay over, on or before the 20th of each fiscal month to the City, all such taxes levied and collected during the preceding fiscal month. The City manager 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 recovery of such tax. SECTION 23.106 PAYMENT OF TAX. The purchaser is required and it shall be the purchaser's duty to pay the tax imposed hereunder to the authorized utility franchisee as agent for the City at the time of payment of each such bill. SECTION 23.107 FAILURE TO PAY TAX. (a) It shall be unlawful for any purchaser of water services to evade the payment of the tax imposed herein or any part thereof, or to fail or neglect to pay such tax within thirty (30) days after same has become due and payable. (b) If the purchaser shall fail, neglect or refuse to pay such tax, the City is hereby empowered to discontinue to make any further sales or to render any further water service to the purchaser until the total amount, including such tax as is imposed hereunder, shown upon such bill has been paid in full, provided that such discontinuation of water service shall only occur when the procedures required by City regulations and State law have been satisfied. SECTION 23.108 CONFORMANCE WITH STATE LAW It is the City's intent by the adoption of this regulation to impose no more than the maximum public service tax authorized by Chapter 166, Florida Statutes. In the event of a conflict with any provisions of Chapter 166 and these regulations the provision of Chapter 166 shall control and these regulations shall be interpreted to conform with the provisions of state statute. CODING: Words in strike through type are deletions from existing law; Words in underscored type are additions. Page 3 of 4 10 11 12 13 14 , r 1 2 3 4 5 6 7 8 9 SECTION 23.109 GRANT OF AUTHORITY TO ADMINISTER TAX The City Manager is granted authority to enact administrative regulations and procedures to implement the billing, collection and enforcement of the water service tax, provided the regulations and procedures are consistent with the procedures and regulations required by state law. All administrative procedures and regulations shall be in writing and the form and substance approved by the City Attorney. Section 3. All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 4. If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 5. This ordinance shall become effective as provided by law. 1 5 Passed on the first reading, this CA day of OCTOBER, 2007. 16 Passed on the second reading, this I~:> 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 day of OCTOBE.R ,2007. Commissioner - Carl McKoy . Ja' ..' ;;M~~\trairiito, CMC . y'bI~tk" (Corporate Seal) CODING: Words in strike through type are deletions from existing law; Words in underscored type are additions. Page 4 of 4