96-03 ORDINANCE NO. 96-03
AN ORDINANCE OF THE CITY OF AVENTUP~A,
FLORIDA, IMPLEMENTING THE UTILITY TAX
AUTHORIZED BY SECTION 166.231, ET. SEQ.,
FLORIDA STATUTES, TO LEVY AND IMPOSE UTILITY
TAX UPON THE PURCHASE WITHIN THE CITY OF
AVENTURA OF ELECTRICITY, WATER, METERED GAS,
BOTTLED GAS, COAL, FUEL OIL AND
TELECOMMUNICATIONS SERVICE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 8.04 of the City Charter of the
City of Aventura (the "City"), until otherwise modified by the City
Council, all municipal taxes and fees imposed within the City
boundaries by Metropolitan Dade County (the "County") as the
municipal government for unincorporated Dade County, which taxes
and fees were in effect on the date of adoption of the City
Charter, shall continue at the same rate and on the same conditions
as if those taxes and fees had been adopted and assessed by the
City; and
WHEREAS, the City Council finds that the above-cited Charter
provision is effective by operation of law to continue the levy and
imposition of the utility tax (the "Utility Tax") provided by
Section 29-36, et. seq. of the Metropolitan Dade County Code (the
"County Code") as authorized by Section 166.231, et. seq.,
Fla. Stat., upon the purchase in the City of electricity, water,
metered gas, bottled gas, coal, fuel oil and telecommunications
service (the "Utility Services"), without the necessity for
adoption of an ordinance by the City; and
WHEREAS, the City Council has been advised that certain
providers of Utility Services may have concerns regarding the
application of City Charter Section 8.04 pertaining to the
imposition of the Utility Tax and may assert that the adoption of
an enabling ordinance is necessary for the levy and imposition by
the City of such Utility Tax; and
WHEREAS, although the City Council believes that no further
action is necessary, it wishes to expedite the payment of Utility
Taxes to the City and avoid a lengthy technical debate with any
Utility Service providers; and
WHEREAS, the City Council finds that the enactment of this
ordinance will protect the public health, safety and welfare of the
residents and inhabitants of the City and secure revenues which are
due and owing to the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AS FOLLOWS:~
Section 1. Utility Tax Ordinance Adopted. An ordinance to be
known as the "Utility Tax Ordinance" is hereby adopted as an
ordinance of the City of Aventura, Florida, to read as follows:
has
been
deleted fr:~'~:'::':~:~'~:~':~'~ language.
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Section 2. Severability. The provisions of this Ordinance
are declared to be severable and if any section, sentence, clause
or phrase of this Ordinance shall for any reason be held to be
invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases
of this Ordinance but they shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding
the invalidity of any part.
Section 3. Effective Date. This ordinance shall apply to
Utility Services purchased on or after November 7, 1995, and shall
be effective immediately upon adoption on second reading.
The foregoing Ordinance was offered by Councilmember Beskin,
who moved its adoption on first reading. The motion was seconded
by Vice Mayor Rogers-Libert and upon being put to a vote, the vote
was as follows:
Councilmember Arthur Berger yes
Councilmember Jay Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey Perlow yes
Vice Mayor Patricia Rogers-Libert yes
Mayor Arthur I. Snyder yes
The foregoing Ordinance was offered by Councilmember Beskin,
who moved its adoption on second readingl The motion was seconded
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by Councilmember Cohen, and upon being put to a vote, the vote was
as follows:
Councilmember Arthur Berger yes
Councilmember Jay Beskin yes
Councilmember Ken Cohen. yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey Perlow yes
Vice Mayor Patricia Rogers-Libert yes
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED on first reading this 30th day of April,
1996.
PASSED AND ADOPTED on second reading this 7t~ day of May,
MAYOR / /--
ATTEST:
ACTING CITY CLERK
APPROVED AS TO FORM AND
LEGAL. ~SUFFIC~ENCY:
CITY ATTORNEY
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