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Ordinance 1611, , ,. . . � • � �, � ' Y � � • � a } . . • • � . �,» . ORDINA.NCE NO . 1611 � , . � , , r• � a • r �. � i , • ' • AN ORDINANCE AMENDING CHAP'i'ER 41 OF "TfiE Ct?DE OF T�iE CITY OF MIAMI BEACH, FLORIDA" B� ADDING A NEW ARTICLE AND NEW SECTIUNS �HERETO, LEVYING A TAX ON SALES OF ELECTRICITY, METERED AND BOTTLED GAS AND TELEPH4NE SERVICE� PROVIDING FOR THE METHC�D OF COLI,�CTING THE SAME ; AND PRQVIDIN� PENALTIES. BE IT ORDAYNED BY THE CITY COUNCIL QF THE CITY C1F MIAMI BEACH , FLC)RI DA : SECTION l. That Chapter 41 of "The Code of the City of Miami Beach, Florida" be and the same is hereby amended by adding a new Article and new Sections thereto, the same to be numbered and to read as follows: "ARTICLE IV TAX ON 5ALE5 OF ELECTRICI�.'Y, METERED AND BOTTLED GAS AND TELEPHONE SERVICE Section 41e37 There is hereb� levied by the City on each and every sale made an and after October 1, 1966 in the City, of eiectricity, metered or bottled gas (naturai or manufactured) and telephone service, a tax of ane percent E1°�) upon the charge made by the seller thereof; which tax sha11, in every case, be paid by the purchaser, for the use of the City, to the seller of such electricity, metered or bottled gas or telephone service, at the time of paying the charge therefor, to the seller thereof , but not less of ten than rnon th ly . aection 41.38 It shali be the duty of every seller of electri�ity, metered or bottled gas (natural or manutactured) or 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 re�ort and pay over, on or befor� the f if teentn day of each calendar mon�h, unto the City Tax ColZector, all such taxes levied and collected during the preceding calendar manth. It shall be unlawful for any seller to collect the price of any sale of electricity, metered or bottled gas {natural or manufactured), or telephone service without, at the same time, collecting the tax herehy levied in respect to such sale, unless such seller shall ele�t to assume and pay such tax without coliecting the same from the purchaser. Any seller failing to collect such ta� at the time of collecting the price of any saie, where the seller has not elected to assume and pay such tax, shal3 be liable to �he City for the amount of such tax in like manner as if the same had been actuall�l paid to the seller, and the City Tax Collector shall cause tv be brought -1- . • . , . . . , , � ' . . _ • .. . • , •. ♦ � � - � .' < . . . " � ' l: ' �- ,I � . . alI suits,and actions anc? to take all proceedings in the name o: the City as may be necessary for the recovery c�f such tax; provided, however, that the sell�:r shall not be liable for the pay- ment of such tax upon uncollEcted bills. If any purchaser shall fail, neglect or refuse to pay to the seller the seller's charge and the tax hereby imposed and as hereby required, on account of the sale for which such charge is maae, or either, t�� seller shall have anc is hereby vested with the right, power and authority to immediately discontinue further service to such purchaser until the tax and the seller's bill have been paid in full. SECTION 41.39 Each and every seller of elec- tricity, metered or bottled gas (natural or manufactured) and telephone service shall keep complete records showing 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 such records shall be kept open for inspection by the duly authorized agents of the City during business houxs on all business days, and such 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. s�.�TION 41.40 The United States of America, t�e State of Florida, and political subdivisions and agencies thereof, are hereby exempted fronn payment of the tax hQraby levied SECTION 41.41 T'he tax hereinabove levied shall not apply to coin box telephones. SECTION 41.42 In all ca5�s wh�re �h� s�ller df electri�ity, metered or bottled gas (natural or manufactured) or telephone service collects the price thereof at monthly periods, the tax hereby levied may be computed on the aggregate amount of sales during such period; provided, �hat the amount of tax to be collected shall be the nearest whole cent to the amount computed. SECTION 41.43 Any purchaser wilfully failing or refusing to pay the tax hereby imposed, where the seller has not elected to assume and pay such tax, and any _ 2 _ . • . , � , ' �� _ r � ' �► �. , . � ., . . � r ,. . . • rr .. .'�t " .. ' t� . i • ., ♦ ^ . seller violating the provisions hereof, or any officer, agent or employee of any seller violating the provisions hereof shall be punished as provided by Section 1.8 of this Code. SECTION 41.44 All revenues received, collected and derived from the tax levied hereby shall be deposited by the City Tax Collector in the City`s general operating account for utilization for such municipal purposes as are set forth in the annual budget estimate and appropriation ordinance of the City." SECTION 2. That all ordinances, or parts of ordinances, in conflict herewith, be and the same hereby are repealed. SECTION 3. The health and welfare of the City being in peril, the three readings of this ordinance shall be had in one session and the City Council finding that this ordinance is necessary for the immediate protection of its citizens , it shall therefore go into effect immediately upon its passage. PASSED and ADOPTED this 5th day of October 1966. lst reading - October 5, 1966 2nd reading - October 5, 1966 3rd reading - October 5, 1966 POSTED - October 5, 1966 -3- OFPICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 � Y • � � � � ' � + . • � • �� STATE OF FL4RIDA COUNTY 4F DA.DE : r I, RUTH B. ROULEAU, City Clerk and Finance Director in and for the City of Miami Beach, Florida, do hereby certify that Ordinance No. 1611 entitled: AN ORDINANCE AMENDING CHAPTER 41 OF "THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA" BY ADDING A NEW ARTICLE AND NEW SECTIONS THERETO, LEVYING A TAX ON SALES OF ELECTRICITY, METERED AND BOTTLED GAS AND TELEPHONE SERVICE; PROVIDING FOR THE METHOD OF COLLECTING THE SAME; AND PROVIDING PENALTIES. having been passed and adopted by the City Council of the City of Miami Beach, Florida, has been posted by me in three conspicuous places in the City of Miami Beach, one of which was at the door of the City Hall in said City on the 5th day of October, 1966, and that said Ordinance remained posted for a period of at least . thirty days in accordance with the requir�ments of the Cit�r Charter of the said City of Miami Beach. IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Miami 8each, Florida, on this the 9th day of November, 1966. / . ��► , +� i►,� . . !.��. / � ./ ,�/ , . , . , �'I/ � 1 � i , 1—I ' � -4—� �y � . . G�-�'i Z ,5��' r�-1 a � O � U -� � � H � � a N • + O � � � � . � � . _-, . - - , �_�:.��_::: , .� -: ; - __. :•s . . : � . . „v�a �:.�:.a--� .•+r�;�„=�� �.�::-s�.. .,.. -�..k, n. „ , _ . � _- . . • , . .. _. _ .., __ . _, _. , - „ ., , . � �