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HomeMy WebLinkAboutDocumentation_Regular_Tab 07E_07/14/1994 VILLAGE UF TEQUESTA � L=. ; , �_ Post Office Box 3273 • 357 Tequesta Drive '-- Tequesta, Florida 33469-0273 • (40'n 575-6200 � � , o Fax: (407) 575-6203 ., t � t M�� . i�iiil�101�L71 \ L V 1•a � TO: Village Council FROM: Thomas G. Bradford, Village Manager"'�� DATL: July 8, 1994 RE: Ordiaance Increasinq Utility Service Tax from 8 Percent to 9 Percent; Aqenda Item Pursuant to the direction given to us by the Village Council at your Budget Workshop Meeting on June 30, 1994, attached hereto, please find an Ordinance for your consideration which increases the utility service tax in Tequesta from its current 8 percent levy to 9 percent effective September 1, 1994. By adopting this Ordinance, you will enable the Village to limit its property tax rate increase to that necessary to cover the impact of the 1994 Bond Issue debt service only. This is estimated to be a 2.92 percent millage rate increase. Please note that the effective date is indicated as being September 1, 1994. The reason for this is that upon contacting Florida Power and Light, the major source of utility tax revenue, the Finance Director determined that the Ordinance must be in the possession of FPL a minimum of 30 days prior to the intended effective date. This requirement, in�and of itself, has caused the Village to call a Special Village Council Meeting on July 28, 1994, in order to meet this deadline. Secondly, there is a lag time of 30 days after FPL implements a rate change, before the revenues are realized by Tequesta. Thus, we have to make the utility tax increase effective September 1 in order for the.first revenues from the increase to be received by the Village in October. To do otherwise, such as making the effective date Octaber 1, would cause the Village to receive 11/12ths of the anticipated annual revenues, which would cause an obvious deficiency. It is recommended that the Village Council adopt this Ordinance on first reading. Second reading will be scheduled for a special meeting on July 28, 1994. TGB/cm ' Krn�.•I��d P:r.••, �rr�riya i5: i,s 002 JONES, FOSTER, J OHNSTC�N &. STUBl35, P. A. ATiO1p1lYa AND CdJNIV'1 ffR11 FLAOLER CEMTEII TOWER �os souTn �u�w.en owve �rH ftooa wa�.. ..aw.x� .ow wr. r�.cw �. o. so[ a�7s �www �.�ur..+a.. oua�aw . w.eww �oo�s ��..�wasw WEST 1`AIaA OG1CI1. /�.Ow�A ii�'J��! .w� .w fIM[:kf �M�etn /DMN C IYMO[nF� ��uM� K�Aw� ra�� A+CE �. OOMwwr �owi c Mu f� OD♦i000 ��ouis�� •���� �w hAi�: (�07)A72-1�64 arwaMs �r.mc.e eeuu n•e.. a.v.s ��..� �Y�OAS7IY.OYK Q.11.A�l/1��/N• �cor� u..��a.s amwcr a�a�. .R �ka c. +ia�rr �«aiw�or� r�cww KI��Y I� �OywM�y� .us..w. R�i� �. ao�l0� �wN � srt� ••�. �.o «c,wn. �.s� wrnrars aacer ura: R•�o We..�f. �wv�s ��. �n,�n.�..� u — w.WY L.en.a ' Of G9��d[t . L MAIITN f1.M1/A/M July 7, 1994 � VIA FlUC: 575-62.03 Mr. Thomas G. Rradfard villaqe Manager Vi.11agc of Tequesta � Post o�fice Box 3273 Tequesta, Florida 33469 RE viiXage of T�questa/Utility Service Tau Our File No. 13153.1 Dear Tomi � Relative to our telephone conversation of this afternoon, enclosed is a draft of a proposed ordinance whicb provid�s Lor an increa�e from eiqht to nir.e perc:ent of the utility levy addressed i�t Chapter 17 oi the Code af Ordinance� of the Villaqe of Tequesta. i�s we discussed, Fla. Stat. Chapter 166 provides a municipality with the ability to levy up to an amount not to exceed ten percent of the payment received by the seller of the taxable it�m. I unc�er�tand � the Village, at this time, is not ir►ter�sted in increasinq the tax rate from eiqht ta tet� percent. Please contact me if you heve any ques�ivns corrcerning this matter. It is my undexstand�,nq t.3ie ordinance shall be dissezn�riated to the Villag� Cauncil soembers on Friday, July s, 1994 SineQraly, � JdN$Sr FOST t JO� STON STUBSS� P.A. ' .. 1 ' / �� 1., �� ' � � �� - �`n�`� : �Ott G . Iiav ns SGH/ssm Enclosures , �7r.nt�7�+ 1�:14 003 ORDZ�CE N0. AN ORDINANCE OF THE VILI,AGE GOUNCIL OF THE VILL�G� OF TEQUESTA� PAIM BFACH COVNTY� FI.ORIDA �. A1KEPiDING CHAPTER 17 OF' THE COpE pF ORDINANGSS, T1�7CES, AT SECTZON 17 ZNCREASING THE UTILITX SERyICE TAX FROM EIGHT TO NINE pERCENT� PROVIDING FOR SEVERAHILITYj PROVIDIPTG FOR REPEAL OF ORDINANCES IN CONFLICTj PROVIDING FOR CODZFIGATION� PROVIDYNG AN EFFECTIYE DATE. HE ZT ORpAINEO BY THE VILLAGE COIINCIL OF THE VZLLAGE O1�' TEQUESTA� PALI�i BEACti COUNTY� FLORIDA� AS FOI.I,OWS: ; ection 1. Chapter 17 of the Code of Qrdisza��ct�s of the village o� Tequesta re2nting to Taxes is hereby amended at Articie II� Otilities� Section 17-16, to read as folloxs: "8eo. 17 Levp. There is h�reby ievied by the vi llage on each �nd every sale, in the vil�.etge, oP electricity, metered or bottled gas (naturnl or manufactured), water service and local t�lephone service, a tax of e#��-Et�-}����_�� Peroent of � the charqe made by the seller thereoF,��'�i�'ii:h t�x shall, in every case, be paid by the pu�rchaser, fvr the uso of the village, ta tbe seller oi such electricity, qas, vater or te�lephone servic:e at the time of paying the charge therefor, to the seller thereot, but not less often than monthl � ` '�-�` "-'�: a�� � ...� ��"��i�'� ... ' ��1�.�A��"""°� �: �'..�" 3ect�on 2. S�verability. If any provision of this - Ordinans:e or th� application thereo� is held invalid, such invalidity shall not affect the ather provisions er applications o! this Ordinance which can be given etlect without the invalid provisiorts or applicatiaris, and to this end� the provisiQns of this Ordinance are hereby declared s�yerable. section 3. Repeal o! ordinances in Conflict. Al1 other ardinances o! the villaqe or Tequesta, Flarida, or parts thereot which contlict with this er any part of this Ordinance are hereby repealed. �c�ion 4_. Codi!'ication. This ordinance shail be codi=ied and made a part of the official. Code of Ordinances of the village of Tequesta. � vr�ur� T+ 1J.14 0� �ectian 5. Eflective Date. This Orvinance sh�ll taKO etrect immediately upon its passege and approval, as provid�d by Iaw. THE FOREGOiNG ORDINANCE was ottered by CouriCilleIDt�r , who mpvcd its adoption. The Ordinance was seconded by counai2mamber and upOn being put to a vote, the vc�te was as fa ows: FOR ADOPTZ�N AGATNSZ' AD4PTION The M�yor thereupon declared the Ordinance duly passgd and adopted this day af , 1994. MAYOR OF TEQUESTA . Ron T. Mackail ATTEST: V l��ge Clerk rai����s��seRV��tx.o�o 2 . �'r ie'7i94 15: 15 � OADINA�iCE �i0. J1I�i ORDINANCE OF THS VZLLPIGE COVI�iCIL OF THE VZLLAGE OF TEQUESTA� PALM BE11CH COUNTY� fLORIDI�� APiEIZDZNG CHAPTER 17 OF 1'HL CODE OF ORDINANCES, TAXES� AT SECTION 1y-16, INCREASING THE UTILITY SE1tVICE TAX FROM EIGHT TO NINE PERCENT� PROVIDZNG FOR SEVE�►SILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT� PROVIDZNG FOR CODZFICATZON; PROVIDING AN FFFECTIVE DATE. BE IT ORDAINED BY THE VII.LAGE COLJNCIL OF TKE YILLAGE OF TEQUESTA� Pu.t�[ H�CH CoUNTY, FLOR2DA, AS Fot.LOws: Section 1. Chapter 17 of the Code pf Ordinances oZ tlie Vilinge of Tequesta relatinq to Taxes is hereby amended at Article II, Utilities, Secticn 17-16� to read as folldws: "8eo. 17-16. Levy. 'rhers is hereby levied by the vilinge on ench nr�d everY sale, in the village, of electricity, metered or bottled q�s (tuttur�l or matzufacturedj � water .service and local telephone service, a tax of nine (9) percent of the charqe made by the seller therevf, which tax sla�ll� fn evezy ca9e, be paid by the purchaa�r� for the use of the village, to the seller of such elev-tricity, gas, s�rater or telephone service at the time of paying the charqe therePor� to the seller thereo�, but not less vrten than mot'�thly. 9aid nine ( 9) percerst tax sr�all become effective September 1, 1994." � sec�io 2_ Severability. It any provision of this ordinance or the appiication thereof is held invalid, such inva�lidity shail r�et affect the ather provisions or applications ef this Ordinance which can be given ef�ect without tt�e invalid provisions or applications,�and to this end, the provisions of this Ordinaace are hereby declared severable. , �ctiot� _3. Repeal of ordit�a�ncex in CdnPlict. All other ordirlances o! the Yillaqe ot Tequesta, �lorida, or parts thereof which confiict with this or any part et this ordinance are hereby . repBaled. Section 4. Codifieation. This Ordinance shall be �ifie�d and made a part of the official �ode oY Ordinancas of the Villaye of ��qu�sta. � 67i07i94 15:15 �, s 5@Ction 5. E=rective Date. This Ordinence shall take ePfect immediately upon its pa�sage And approval, as prov3ded by ldw. THE FOREGOtNG ORDINANCE was vfPer�d by CotutCllmamber , wno maved its adoption The ordinanca wds sec�ndpcf by counc lmember and upon being put to a vote� the vote was a6 follo�+s: F�)k Ai�UPTION A NS� ADO�ZQ,� The Ma�yor thereuposz deClared the Ord3nance duly passed and adopted this day of _ , 1994. MAYOR OF TEQUESTA Ran T. Mackail ATTEST: Village Clerk �dt1131530R0 \SERYTJUC.CRD '. Z