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O-57-156 ORDINANCE NO. /5" .. AN ORDINANCE LEVYING A TAX ON PURCHASE OF ELECTRICITY, BULK GAS, METERED GAS, BOTTLED GAS, TELEPHONE SERVICE, TELEGRAPH SERVICE AND FUEL OIL WITHIN THE CORPORATE LIMITS OF THE CITY OF CLERMONT FROM ANY PERSON, FIRM OR CORPORATION OFFERING SUCH UTILITY SERVICE FOR SALE EXCEPT UTILITY SER1i\ICE OWNED BY THE CITY OF CLERMONT; DEFINING WORDS AND TERMS USED IN SAID ORDINANCE; PROVIDING FOR THE COLLECTION OF SAID TAX; PROVIDING FOR DISPOSITION OF THE PROCEEDS THEREOF; PRESCRIBING PENALTIES FOR VIOLA. TION OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING EFFECTIVE DATE; AND DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE. WHEREAS, the City to its potential ad valorem of homestead exemption, and WHEREAS, the ad valorem tax of eight (8) mills on all taxable property within said City, together wit~ all other revenue received by the City will only produce sufficient revenue to carryon, maintain and operate the general operating expenses of said City, and will not give su~ficient monies for the City to make such street repairs as are necessary and will not give the City sufficient monies for a capital reserve for the extension of water mains, installation of sewage and required additional expenditures needed on City parks, cemeteries, and other miscellaneous property owned by the City, and of Clermont has sustained great losses tax collection by reason of the increase ';WHEREAS, the levying of taxes for the next ensuing fiscal year now becomes necessary and it is necessary that other means of levying taxes to produce sufficient revenue be employed and be reason of the foregoing an emergency exists, now therefore, BE IT ORDAINED B~ THE CITY COUNCIL OF THE CITY OF CLE!ù'\{ONT: t.Iíi- . Section 1. There is hereby levied by the City of Clermont a tax on each sale in said City of electricity, metered gas, Bulk gas, bottled gas, telephone service, telegraph service and fuel oil sales. Said tax is hereby levied in the following amounts and manners: (a) Electricity. An amount equal to ten percent (10%) of the first Ten Dollars ($10.00) charged the user each month on each electric meter and one percent (1%) of the amount exceeàing the first Ten Dollars ($10.00) on each electric meter. (b) Telephone Service. An amount equal to ten percent (10%) of the first Ten Dollars ($10.00) of that portion of the total bill rendered the user each month attributable to local service and equipment, (not including Federal and State Taxes) and one percent (1%) of all in excess of Ten Dollars ($10.00~ attributable to the same service. (c) Metered Gas. An amount equal to ten percent (10%) of the first Ten Dollars ($10.00) charged the user on each gas meter and one percent (1%) of the amount exceeding the first Ten Dollars ($10.00) on each gas meter. (d) Bottled Gas and Bulk Gas (not metered). An amount equal to ten percent (10%) of the first Ten Dollars ($10.00) of each retail sale and one percent (1%) of amount exceeding the first Ten Dollars ($10.00) of each retail sale. . (e) Tele~raphio Service. An amount equal to ten percent (10%) of the total charge for telegraphic service less any Federal or State Taxes imposed. (f) Fuel Oil. An amount equal to ten percent (10%) of the first Ten Dollars ($10.00) of each retail sale and one percent (1%) of amount exceeding the first Ten Dollavs ($10.00) of each retail sale. of all fuel oil (including kerosene) used for the purpose of cooking or heating. Section 2. It shall be the duty of each seller or supplier of electricity, gas, telephone service, telegraph service and fuel oil in the City of Clermont to collect from the purchaser for the use of said City of Clermont the tax hereby levied at the time of collec- ting the selling price charge in each transaction and report and pay over monthly to said City all such taxes. It shall be unlawful for any seller to collect the price of any sale of electricity, gas, telephone or telegraph service or gas in said City without at the same time collecting the tax hereby levied in respect to such sales, unless such seller shall elect to aSSUMe and pay such tax without collecting the same from the purchaser. Any seller failing to collect such tax at time of collecting the price of any sale, where the seller has not elected to assume and pay such tax, shall be liable to said City for the amount of such ~ax in like manner as if the same had been actually paid to the seller, and the City Council of said City shall bring and cause to be brought all such suits and suits and actions and take all such proceedings as may be necessary for the recovery of such tax. Section 3. If any purchaser shall fail, neglect or refuse to pay to the seller the seller's said charge and the tax hereby imposed as hereby required on account of the sale for which such charge is made, or either, the seller shall have and is hereby invested with the right to immediately discontinue further service to such purchaser until the tax and the seller's bill has been paid in full. Section 4. Each and every seller or supplier of electricity, gas, telephone service, telegraph service and fuel oil in respect to the sale on which a tax is hereby levied shall keep complete records showing all sales in said City of such electricity, gas, telephone and telegraph service, which records shall show the price charged upon each sale, the date thereof and the date of payment thereof, and shall at all reasonable times be open for the inspection of the duly autho- rized agents of said City who shall have authority to make such tran- scripts thereof as they may desire. Section 5. The tax hereby levied on sales of telephone service shall apply to all charges made for local service and equipment excepting coin box telephones located in the City of Clermont. . The term gas as used in this ordinance shall include all forms of gas used for cooking or heating whether natural, liquidated petroleum gas, manufactured or other form. Section 6. Any purchaser willfully failing or refusing to pay the tax hereàY imposed where the seller has not elected to aSSUMe and'pay such tax and any seller violating the provision hereof, or any officer, agent or employee any seller violating the provisions hereof shall, upo~ conviction, be punished by a fine not exceeding Two Hundred Dollars ($200.00) or by imprisonment not to exceed sixty (60) days, or by both such fine and imprisonment, and each and every violation be a separate offense. Section 7. All monies accruing from the tax hereby levied are hereby appropriated for the purpose of defraying the expenses of operating ~he government and making improvements upon City-owned pro- perties, streets, parks and cemeteries of the City of Clermont, and -~ .. " . $' ~ ~ .::-- ;- =- ':"'., 0:;" , ~ ~~, ~ '. ,\. /' J!å . . , "'~ upon collection shall be placed in the general fund for that purpose. Section 8. If any section, paragraph, sentence, clause or phrase of this Ordinance shall for any reason be declared void, unconstitutional or unforceable, it shall not in any wise effect or invalidate the remainder of this Ordinance and the remaining sections, paragraphs, sentences, clauses and phrases herein shall be and remain in full force and effect as if such invalid section, paragraph, sentence, clause or phrase had not been incorporated herein. Section 9. This Ordinance shall become effective January 1, 1958 and shall pertain to all services and products described herein delivered or used after said date. Section 10. This Ordinance is hereby declared to be an emergency measure, necessary for the immediate preservation of public peace, property, health and safety, and is to take effect as is herein provided. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .,r .,Ad journed PASSED by the City Council of the City of Clermont at its Regular Meeting held on September 24, 1957. ---,2 .J'. ~~. '4(7.n~::~ ,¿. ". . of i y Councq.·<~"",\ Ci ty ont ,,~.. ~<"'~ ,/ %'/ ~. ~.. ~ ~t'~ ~ '~ ~'~~ .= ? ?::::: .; . .¿. .E,o.';P ~ --" I;...¢" .....,.,~~'"" ~. ..,~~....'" ,.", ~ .- RECEIVED AND APPROVED By me this 2.(. t:It. ~ ! ~ /?r? ~~. P JU!)J ;' a r . . ty of ~mont, Florida. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. I HEREBY CERTIFY the foregoing Ordinance No. ¿r¿ was poated as required by the Charter and/or Ordinances of the City of Clermont in effect at the time of the passage and approval thereof. '" -. ~,,; ~,ë:v, :;._. % ~-- : ~~ - DATED ~ #, /<f.r7 / , 1957. ~ft;. ~ 'i~ rk of City Flori . . , - .p of Clermont;·- . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. . -3-