HomeMy WebLinkAboutO-2009-014 Amend Section 23-11 Utility Tax ORDINANCE NO. 2009-014
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING SECTION 23-11 OF THE CITY CODE OF
ORDINANCES, WHICH SECTION PERTAINS TO THE CITY UTILITY TAX
LEVIED UPON THE PURCHASE IN THE CITY OF ELECTRICITY,
METERED OR BOTTLED GAS AND WATER, TO CLARIFY THAT EACH
SELLER OF THE COMMODITIES SHALL ACT AS THE COLLECTION
MEDIUM AND AGENCY FOR THE COLLECTION OF THE TAX FROM
THE PURCHASERS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That Section 23-11 of the City Code of Ordinances, which Section is
entitled "Tax imposed", is amended to read as follows:
(1) There is hereby levied a tax equal to ten (10) percent of the charge upon
each and every purchase of electricity, metered or bottled gas (natural, liquefied petroleum gas or
manufactured), and water service within the city. The tax hereby imposed shall be levied on
each utility account of any consumer or user within the city and shall be computed on the gross
amount of each charge for such utilities without limitation as to amount. In cases in which the
tax is not collected by means of utility accounts, each seller of any of the commodities specified
above shall act as the collection medium and collecting agency for the collection of the tax from
the consumer and remit the taxes collected monthly to the city, within fifteen (15) days following
the month in which it was collected.
• • •
Section 2. That all ordinances or parts of ordinances and all resolutions or parts of
resolutions in conflict with this Ordinance are repealed to the extent of such conflict.
Section 3. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 4. That this Ordinance shall be effective on adoption and second reading.
PASSED on first reading on July 28, 2009.
PASSED AND ADOPTED on second reading on August 11, 2009.
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ANNE CASTRO
ATTEST: PpCI'S FIgST AYOR-COMMISSIONER
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LOUISE STILSON, CMC
CITY CLERK
APPROVFRAS TO RM ND CORRECTNESS:
THOMAS J. A SBR
CITY ATTORNEY
2 ORDINANCE#2009-014