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Home My WebLink AboutDocumentation_Special Meeting_Tab 01_02/01/2016 � � CORBETT, WHITE, 00 DAV[S AN� ASHTON I'.A. KEITH W. DAVIS ATTORNEY AT LAW Board Certified in City, County and Local Goz+ernmerTt Lnw MEMORANDUM TO: Mayor Brennan, Vice Mayor Arena, Council Members D'Ambra, Okun and Paterno CC: Manager Couzzo, Clerk McWilliams FROM: Attorney Davis DATE: January 4, 2016 RE: Agenda Item — First Reading of Ordinance 1-16; Reduction in Utility Tax The following describes in detail the above referenced agenda item: Based on discussion from the December Village Council Workshop, I have prepared the attached ordinance that would reduce the Village's Public Service Utility Tax on water, electricity and gas, from 9% to 6%. Based on state law, the earliest effective date of the tax reduction can be July 1. In order to meet the July 1 deadline, the Village Council must adopt the ordinance on First Reading in January, adopt the ordinance on Second Reading in February, and send notice to the state of the new tax rate no later than the end of February. The obvious fiscal impact of this ordinance is a 3% reduction in the utility tax collected from consumers. ORDINANCE NO.Ol-16 AN ORDINANCE OF THE VILLAGE COUNCII. OF THE VILLAGE OF TEQUESTA AMENDING CHAPTER 70. TAXATION. OF THE CODE OF ORDINANCES OF THE VILLAGE OF TEQUESTA BY AMENDING ARTICLE IV. PUBLIC SERVICE TAX, DNISION 2. ELECTRICITY, GAS AND WATER., SECTION 70-121, BY REDUCING THE PUBLIC SERVICE TAX ON THE PURCHASE OF ELECTRICITY, NATURAL GAS, LIQUEFIED PETROLEUM GAS, MANUFACTURED GAS AND WATER FROM 9°Io TO 6%; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 70 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTNE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Village Council of the Village of Tequesta, Florida desires to reduce its currently imposed public service tax on the purchase of electricity, natural gas, liquefied petroleum gas, manufactured gas and water, from 9°Io to 6% in accordance with Section 166.231, et. seq. of the Florida Statutes; and WHEREAS, the Village Council believes the reduction of said tax will be in the best interests of the Village of Tequesta. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1: Chapter 70. Taxation. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article IV. Public Service Tax, Division 2, Electricity, Gas and Water. Section 70-121, by reducing the public service tax on the purchase of electricity, natural gas, liquefied petroleum gas, manufactured gas and water from 9% to 6%; providing that Chapter 70, Article IV, Division 2, Section 70-121 shall hereafter read as follows: ARTICLE IV. - PUBLIC SERVICE TAX DIVISION 2. - ELECTRICITY, GAS AND WATER Sec. 70-121. - Tax levied. There is hereby levied by the village on each and every sale, in the village, of electricity, metered natural gas, liquefied petroleum gas either metered or bottled, manufactured gas either metered or bottled, and water service a tax of six �e percent of the charge made by the seller thereof, which 1 tax shall, in every case, be paid by the purchaser, for the use of the village, to the seller of such electricity, metered natural gas, liquefied petroleum gas either metered or bottled, manufactured gas either metered or bottled, and water service, at the time of paying the charge therefor, to the seller thereof, but not less often than monthly. Section 2: Each and every other section and subsection of Chapter 70. Taxation. of the Code of Ordinances of the Village of Tequesta, Florida, shall remain in full force and effect as previously enacted. Section 3: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. Section 5: Specific authority is hereby granted to codify this Ordinance. Section 6: This Ordinance shall take effect immediately upon adoption. The effective date of the tax levy provided for herein shall be July 1, 2016. FIRST READING this _ day of January, 2016. SECOND AND FINAL READING this _ day of February, 2016. 2 Village of Tequesta Tequesta Village Hall 345 Tequesta Drive � Meeting Agenda Village Council - Special Council Meeting Monday, February 1, 2016 6:00 PM Manager's Conference Room ROLL CALL APPROVALOFAGENDA 1. ORDINANCE 01-16, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA AMENDING CHAPTER 70. TAXATION. OF THE CODE OF ORDINANCES OF THE VILLAGE OF TEQUESTA BY AMENDING ARTICLE IV. PUBLIC SERVICE TAX, DIVISION 2. ELECTRICITY, GAS AND WATER., SECTION 70-121, BY REDUCING THE PUBLIC SERVICE TAX ON THE PURCHASE OF WATER FROM 9% TO 6%; LEAVING THE PUBLIC SERVICE TAX ON THE PURCHASE OF ELECTRICITY, NATURAL GAS, LIQUEFIED PETROLEUM GAS, MANUFACTURED GAS AT THE CURRENT 9%; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 70 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED Sponsors: Village Attorney Davis 2. Discuss Communication to Residents Regarding Water Rate and Utility Tax Changes Sponsors: Council Member D'Ambra 3. Discussion on Cross Walk Plan and Right-Away Improvements at Tequesta Drive and Country Club and Cross Walk Plan Across Tequesta Drive at Tequesta Oaks (Tiramisu and Entrance to Zuccarelli Building and Paradise Park Sponsors: Council Member D'Ambra 4. Update on Remembrance Park Sale Sponsors: Village Attorney Davis 5. Update on HB 7059 - Election Dates for Municipal Office Sponsors: Village Attorney Davis 6. Discussion of Village Infrastructure Investments for 2016 Sponsors: Council Member D'Ambra �llage of Tequesta Page 1 Village Council - Special Council Meeting Agenda February 1, 2016 Meeting 7. Continued Discussion on Ordinance 24-15 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 46. MOTOR VEHICLES AND TRAFFIC, AT ARTICLE III. PARKING, STOPPING OR STANDING, BY AMENDING DIVISION 2. "PARKING OF COMMERCIAL VEHICLES, TRUCKS AND RECREATIONAL VEHICLES" AT SECTIONS 46-73 AND 46-74 TO REVISE SCREENING REQUIREMENTS FOR BOATS ON TRAILERS IN ZONING DISTRICTS R-1A, R-1, R-2 AND R-3; AND AT SECTION 46-71 TO PROVIDE DEFINITIONS FOR THE TERMS "EFFECTIVELY SCREENED ON THREE SIDES", AND "FULLY SCREENED"; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 46. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Sponsors: Council Member Paterno ANY OTHER MATTERS ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED: If any person decides to appeal any decision made by this Council with respect to any matter considered at this meeting or hearing he/she will need a record of the proceedings, and that, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. COMMUNICATIONS FROM CITIZENS: Public comments / communications from citizens are limited to 3(three) minutes. Anyone wishing to address Council should complete a"Comments by the Public" card and present it to the Village Clerk prior to the Communications from Citizens. When you are called to speak, please go to the podium and state your name and address for the record prior to addressing Council. Council will not discuss this item this evening; however, Council may choose to have the item placed on a future agenda for discussion. Reference Resolution 25-13 regarding public participation. OTHER AGENDA ITEMS: Any citizen is entitled to be heard on any official agenda item when the Village Council calls for public comments subject to the three-minute limitation. Village Council Meetings are public business meetings, and as such, the Village Council retains the right to limit discussion on any issue. NOTE: Disabled persons who need an accommodation in order to participate in this Village Council Meeting are requested to contact the Village Clerk's Office at 768-0440 at least three working days before this meeting. Hearing impaired persons please note wireless hearing system receivers are available by requesting the same from the Village Clerk. SCHEDULE OF MEETINGS AND EVENTS 345 Tequesta Drive unless otherwise indicated Village of Tequesta Page 2 Village Council - Special Council Meeting Agenda February 1, 2016 Meeting February 11, 2016 - Regular Council Meeting - 6:00 p.m. Februay 29, 2016 - Workshop - 6:00 p.m. �Ilage of Tequesta Page 3