HomeMy WebLinkAboutDocumentation_Regular_Tab 07E_07/14/1994 VILLAGE UF TEQUESTA � L=.
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Post Office Box 3273 • 357 Tequesta Drive
'-- Tequesta, Florida 33469-0273 • (40'n 575-6200
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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.
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JONES, FOSTER, J OHNSTC�N &. STUBl35, P. A.
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FLAOLER CEMTEII TOWER
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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.
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Enclosures
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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
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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
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