Fort Walton Town Council regular minutes, February 8, 1944 — reading text

f~ INUTES OF A AR REG~ W_ I~ EETING OF THE TOWN COUNCIL 0W TNE TOWN OF FORT WALTON HELD ON TI~ E 8 DAY OF FEBRUARY, 1944. The Town Council of the Town of Fort Walton, Florida, met in regular session at 8 clock P. M. on the 8 o' day of February, 1944, pursuant to notice thereof duly and regularly given. There were present the following members of the Town o- Council, % W. C. Pryor, Theo wi%~ Bass, George Marler, O. M. Earley, being all of the members of the Council except W. C. Walker, P. G. Roberts, Mrs. Lisa Mae Jackson. The ~ayor presided. The Mayor announced ~ha% a quorum was present and that the meeting was open for the transaction of business. Thereupon Councilman Theo Bass introduced the following ordinance which was read in full by the Town Clerk in open council meeting as follows, to- wit: ORDINANCE NO. 8 AN ORDINANCE TO BE ENTITLED An Ordinance Repealing an Ordinance Entitled "An Ordinan,;e Assess- ing and Collecting a Tax on Certain Utilities Sold in Town of Fort Walton and Regulating Expenditure of Same" Passed January 5, 1944. T~ E TOWN OF FORT WALTON DOES ORDAIN: SECTION 1. The ordinance entitled "An Ordinance Assessing and Collecting a Tax on Certain Utilities Sold in Town of Fort Walton and Regulat- ing Expenditure of Same" passed on January 5, 1944, be and the same is here- by repealed. SECTION 2. This ordinance shall be published as required by law and shall enty (20) days from the time take effect ~ of its final passage. PASSED:' February 8th. 1944. ATTEST: .... " APPROVED: / s/ Wm. Pryor, s/ Tneo Bass Clerk Mayor  Thereupon Councilman Theo Bass moved that the proposed ordinance be adopted and passed on its first reading and Councilman 0. M. Earley seconded the motion. A ballot was then taken on the motion to adopt and pass the said ordinance on its first reading resulting as follows: Those voting "Yea" - George Narler, 0. M. FArley, Theo Bass, W. C. Pryor. Those voting "Nay" - None. The Mayor then declared that the said ordinance as read had been duly adopted and passed on its first reading. Thereupon Councilman Theo Bass introduced the following ordinance which w~ ull in open council meeting as foll~ s read in ~ s,to- wits ORDINANCE N0. 9 AN ORDINANCE TO BE ENTITLED An Ordinance Levying a Tax on 3ales of Electricity and on ~ales of Butane, Hydrogen and Other Like Gas Used for Cooking, Heating or Cooling Purposes and on Sales of Water and on Telephone Service~ Providing for the Collection of Such Tax and Providing for the Disposition of the Proceeds Thereof; and Prescribing Penalties for the violation of this Ordinance. E TOWN OF FORTWALTONDOES ORDAIN: T}~ SECTION 1: There is hereby levied by the Town of Fort Walton on each and every sale in the said town of electricity and of Butane, Hydrogen or other like gas used for cooking, heating or cooling purposes and of water and tele- phone service a tax equal to six percent of the charge made by the seller of such electricity and gas and telephone service and of ten percent of the charge made by the seller of such water, as the case may be, which tax shall in every case be paid by the purchaser for the use of the Town of Fort Walton to the seller of such electricity, gas, water or telephone service at the time of paying the charge by the seller therefor and not less often than monthly. SECTION 2~ It shall be the duty of every seller of such electricity, gas, water or telephone service in the TOwn of Fort Walton to collect from the purchaser for the use of the said Town the tax hereby levied at the time of collecting the selling price charged in each transaction and report and pay over monthly to the said town all such ~axes. It shall be unlawful for any seller to collect the price of any sale of such y, elect~ tci% gas, w~. ter or telephone service im said town without at the same time collecting the ax hereby levied in respect of such sales, unless such seller shall elect to assume and pay such ~ax without the purchaser. collecting the same frc~ 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 ~ax, shall be liable to the said town for the amount of such tax in like manner as if the same had been actually paid to the seller and the Mayor of said town shall bring and cause ~o be brought all such suits and actions and take all such proceedings as may be necessary for the recovery of such tax. If any purchaser shall fail, neglect or refuse to pay to the seller the seller's said charge and the / ax hereby imposed and as hereby required on account of the sale for which such charge is made, or either, the seller shall have and is hereby invested wi~ h the right to immediately discontinue further service to such purchaser until the ~ax and the seller's bill has been paid ullo in ~ SECTION 3~ Each and every seller of electricity, gas, water or telephone service in respect of sales on which a ~ax is hereby levied shall keep complete records shying all sales in said town of such elec~ icity, gas, water or telephone service which records shall show the price charged upon each sale, the date thereo~and the date of payment thereof, and shall 4 at a!1 reasonable times be open for inspection of the duly authorized agents of said town, who shall have authority to make such transcripts thereof as they may desire. EECTION 4: The tax hereby levied on sales of telephone service shall apply to all charges made for local exchange telephone service to telephones, excepting coin box telephones, looated in the Town of Fort '# alton, whether on a monthly basis or otherwise. The tax hereby levied shall also apply to all sales of electricity, gas or water whether delivered through the medium of a meter or other measuring device, or otherwise, to premises located in the Town of Fort Walton. SECTION 8: In all cases where the seller of electricity, gas, water or telephone service collects the price therefor at monthly periods, the tax hereby levied may be computed on the aggregate amount of sales during such period, provided that the amount of tax to be collected shall be the nearest whole cent to the amount computed; and provided further that the maximum amount of tax on the sales for any monthly period to any individual purchaser or con- sumer by each seller shall not exceed six dollars on each purchaser at each separate service or station where service to such purchaser is rendered. ECTION 6&Any using to pay the purchaser wilfully failing or re~ tax hereby imposed, where the seller has not elected to assume and pay such tax, and any seller violating the provisions hereof or any officer, agent or employee of any seller violating the provisions hereof, shall be subject to a fine of not more than One Hundred and no/lO0 ($100.00)Dollars or to imprisonment for not more than 0)days, or thirty (~ to both such fine and imprisonment for each and every violation. SECTION ?~ All moneys accruing from the tax hereby levied are hereby appropriated to the operation of eleven (11) or more street lights, to be approximately 600 feet apart, beginning near Harbeson Lumber shed and running in an easterly direction to Patrick's cottages, a distance of approximately one mile. Any of said moneys which may not be needed for said purpose are hereby appropriated for the proper disposal of garbage and trash within the Town of Mort Walton and for the upkeep and repair of the streets and side- walks in the town. SECTION 8: Yf any section, portion or clause of this