Fort Walton Beach Ordinance — 1773 utility Tax Caps — reading text

ORDINANCE 1773 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING CHAPTER 4. 05, UTILITY TAX, BY REMOVING UTILITY TAX CAPS FROM SECTION 4.05. 02, LIMITATIONS AND EXEMPTIONS; AMENDING CITY' S COMPREHENSIVE FEE SCHEDULE TO ELIMINATE THE CAPS AND EXEMPTION FOR UTILITY TAX; AND SETTING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS SECTION I. AUTHORITY & INTENT The authority for enactment of this ordinance is pursuant to the powers for the City of Fort Walton Beach, provided in section 2 of the City Charter, the Code of Ordinances, and sections 166. 021 ( 1) and 166. 231, of the Florida Statutes 2007). SECTION II. AMENDMENT OF SECTION 4.05. 02, LIMITATIONS AND EXEMPTIONS, OF CHAPTER 4. 05, UTILITY TAX, OF THE CODE OF ORDINANCES Section 4. 05. 02, Limitations and Exemptions, of the Code of Ordinances is amended as follows: Sec. 4. 05.02. Limitations and Exemptions 1) /\ S to oach typo of sorvice taxed pursuant to this chapter, tho tax for electricity, telephone, \\' ator and gas for each monthly billing poriod shall be limited as follo)Jls: a) The tax shall bo limitod to $ 50. 00 for non residential consumors, for eachmonthly billing poriod, effecti' e July 1, y' 2000, upon tho adoption of this ordinanco by council and signaturo of the mayor. b) The tax shall be limited to $ 20. 00 for rosidential consumors, for oach monthly billing period, effectivo July 1, 2000, upon tho adoption of this ordinanco by council and signaturo of the mayor. 1) The tax imposed by this section soction 22 27 shall not be applied against any fuel adjustment charge, and such charge shall be separately stated on each bill. "Fuel adjustment charge" means all increases in the cost of utility services to the ultimate consumer resulting from an increase in the cost of fuel to the utility subsequent to October 1, 1973.  3) The tax on oloctricity loviod by section 22 27 sh311 not be leviod 3nd collectod on tho first 50 kilo\ att hours por month purchased for 4: rosidontkll uso. exemption sh311 3pply to each sep3r3to Such residential unit, regardloss of 'JJhothor such unit is on a sop3r3to or central meter, and Sh311 bo passod on to each individual tenant. Tho electric utility shall computo tho 3mount of tho t3X loss resulting from such oxomption for 83ch month and: 3) Doduct this 3mount from the tax due the St3tO for sales 3nd use t3x under chapter 212, F. S.; and b) Remit this 3mount to tho city in accordance \ vith this chapter 2229. 4 ~) The purchase of natural gas or fuel oil by a public or private utility, either for resale or for use as fuel in the generation of electricity, and the purchase of fuel oil or kerosene for use as an aircraft engine fuel or propellant or for use in internal combustion engines, are exempt from taxation pursuant to this chapter. The purchase of taxable by the United States items government, the state or any other public body, as defined in section 1. 01, F. S., and purchases by any recognized church in the state for use exclusively for church purposes, are exempt from taxation pursuant to this chapter. SECTION III. AMENDMENT TO COMPREHENSIVE FEE SCHEDULE TO REMOVE CAPS AND EXEMPTIONS Pursuant to the authority of section 4. 05. 02, Limitations and Exemptions, of the City Code of Ordinances, the Comprehensive Fee Schedule, Utility Services, Miscellaneous Charges, is amended as follows: Miscellaneous Charges Residential: Minimum Deposit Utility Tax Commercial: Minimum Deposit Utility Tax SECTION IV. EFFECTIVE DATE This ordinance shall take effect October 1, 2008.  3/? ooi Ad ted Mike An erson, Mayor ATTEST: Approved for form and legal sufficiency. New language is underlined Deleted language is strickon Cod ification Instructions: Sections of this Ordinance to be Codified: Section II Placement: Amends Volume II, Chapter 4. 05. 02 as stated. DISPOSITION  Daily News Published Daily legal 4?44 Fort ' Valton Beach, Florida CITY OF. FORT WALTON Di8tribute~ in Okaloosa, Santa Rosa & " Talton Counties BEACH" FLORIDA NOTICE OF PUBLIC HEARING: ,; A PUBLIC , HEARING will State of Florida be h~ ld on tn~ ~ Qllowing Q~ol?().$~d\ ofsJ, pqnc~, ' at 7. 00 p. lT.J; , on,., Tuesday, County of Okaloosa 1tc6~~~ji?~ h~~~~;' ~. Fort Walton Beach' CitY Hall, 107 Miracle , Strip ParKway, SW,' at. which Before the undersigned authorized personally appeared time the, Ci " Coundl will Q~ ide" ~'? etion'; into , c<?' Jt'Y.'; Jr !), tn,v U-f L 1 V\ l.\ f; l- ts €.- , who on oath that ( s) he' say!; aJ:ls~': in, its Irety may~, ,~ Ihspected ' at ,th~ O~!,c~ of tftjg:: I~!~ . Cjfy , dRqD regutarr- J is {! CL5 i-bd Az{J i., 5 OY of the Northwest Florida Daily Ne\ vs, a daily X9rk1ng, ,. fte~ t~, ~ Ffe~; IJ ' mte: necird to, thls in Okaloosa County, Florida; newspaper published at Fort Vlalton Beach, Rf()P()~. '