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O-2013-10 CITY OF CLERMONT ORDINANCE NO. 2013-10 AN ORDINANCE OF THE CITY OF CLERMONT RELATING TO TAXATION AMENDING CHAPTER 58 "TAXATION", ARTICLE II "PUBLIC SERVICE TAX", SECTION 58-32, "DUTY OF SELLER TO COLLECT TAX; MONTHLY REMITTANCE TO CITY" OF THE CITY CODE; BY ADDING WATER SERVICE TO THE LIST OF PURCHASES FOR WHICH A SELLER IS REQUIRED TO COLLECT OR PAY THE APPLICABLE TAX; ' PROVIDING FOR CODIFICATION, SEVERABILITY,CONFLICT,AND EFFECTIVE DATE. The City Council of the City of Clermont,Lake County, Florida,hereby ordains that: SECTION 1. Chapter 58, "Taxation", Article II, "Public Service Tax", Section 58 -32, "Duty of seller to collect tax; monthly remittance to City" of the City Code of the City of Clermont is amended to read as follows(note strikethrough indicates removed words and underlined indicates added): Section 58-32. Duty of seller to collect tax; monthly remittance to City. It shall be the duty of each seller or supplier of electricity, gas and fuel oil in the City to collect from the purchaser for the use of the City the tax hereby levied at the time of collecting the selling price charge in each transaction and report and pay over monthly to the City all such taxes. It shall be unlawful for any seller to collect the price of any sale of electricity, gas, fuel oil or water service in the 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 tax from the purchaser. Any seller failing to collect such tax at the time of collecting the price of any sale, where the seller has not elected to assume and pay such tax, shall be liable to the City for the amount of such tax in like manner as if the same had been actually paid to the seller, and the City Council shall bring and cause to be brought all such actions and take all such proceedings as may be necessary for the recovery of such tax. SECTION 2. Severability. It is declared to be the intent of the City Council that if any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate,,distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof. SECTION 3. Conflict. Any portion of the City of Clermont Code or any ordinance or part thereof in conflict with this Ordinance is hereby repealed to the extent of such conflict. 1 CITY OF CLERMONT ORDINANCE NO.2013-10 SECTION 4. Codification. The text of Section 1 of this Ordinance shall be codified as a part of the Clermont City Code. The codifier is authorized to make editorial changes not effecting the substance of this Ordinance by the substitution of "article" for "ordinance", "section" for "paragraph", or otherwise to take such editorial license. SECTION 5. Effective Date. This Ordinance shall be published as provided by law and shall take effect immediately upon its Second Reading and Final Passage. 2 CITY OF CLERMONT ORDINANCE NO.2013-10 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 23`d day of July, 2013. �slwi1.44nw�,ipt;∎ k° .4' " ' `{; CITY OF CLERMONT �r rrll 4.' " yin 1, 1 11, 4///, 01140.; fs l `""{ d S. Turville,Jr., Mayor 1''6'�//Attest: ` RRRti•y""1 �•ARe)A`.a.. Tracy Ackroyd, City Cler Appro -• as to o and legality: . ► "'A ttorney