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Ordinance 97-03
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Ordinance 97-03
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Last modified
8/4/2010 11:26:38 AM
Creation date
1/25/2006 4:40:44 PM
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CityClerk-Ordinances
Ordinance Number
97-3
Date (mm/dd/yyyy)
09/11/1997
Description
Implement Utility Tax.
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<br />Every manufacturer, distributor, wholesaler or seller who shall deliver <br />electricity, metered gas, bottled gas, coal, fuel oil, or water service, to <br />any seller or other person having a place of business in the <br />incorporated area of the City, or licensed to do business therein, to be <br />sold or resold to ultimate purchasers, shall report to the Finance <br />Department semi-annually, as of June 30th and December 31st, the <br />names and addresses of such sellers or other persons, and the <br />quantities received by each of them during the preceding six (6) <br />months, such reports to be filed not later than one month after the <br />close of each semi-annual period. <br /> <br />Sec. 1.06. <br /> <br />Recognition of expense in regulation of rates. <br /> <br />(a) All reasonable expense incurred by a seller in making the <br />collections and remittances and in fulfilling the duties prescribed <br />herein is hereby declared to be and to constitute an operating expense <br />and shall be accorded full recognition as such in the establishment of <br />rates and charges for rendering electric, metered gas, bottled gas, coal, <br />fuel oil, or water service in the City. <br /> <br />(b) For the purpose of compensating the seller of taxable <br />telecommunications service, the seller shall be allowed one (1) percent <br />of the amount of the tax collected and due to the City in the form of <br />a deduction from the amount collected for remittance. The deduction <br />is allowed as compensation for keeping of records and collection of <br />tax and remitting the same. To the extent that City officials will deem <br />it necessary to travel out of the City to examine the seller's books and <br />records required to be kept under subsection 1.04 of this ordinance, <br />out of pocket expenses as a result of such travel shall be reimbursed <br />to the City by the seller out of this one (1) percent service charge. <br /> <br />Sec. 1.07. <br /> <br />Violations. <br /> <br />It shall be unlawful and a violation hereoffor any purchaser to evade <br />the payment of the excise tax provided for herein or any part thereof, <br />or to fail or neglect to pay such excise tax within thirty (30) days after <br />the same has become due and payable; or for any seller to fail or <br />refuse to pay to the City all amounts of excise tax payable to the City <br />by the seller, or to fail or refuse to file the monthly certified statement <br />or to set forth any erroneous or false information therein with intent <br />to defraud the City, or to refuse to pennit the Finance Director or his <br />duly authorized agent to examine the accounts and records to be kept <br />as required hereby. <br /> <br />MIAMI:F:\DOCS\LMD\RE\64214.2:1/20/98 (11:44AM) <br /> <br />- 8 - <br />
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