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<br />ORDINANCE NO. 97-3 <br /> <br />AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, <br />FLORIDA, IMPLEMENTING THE UTILITY TAX <br />AUTHORIZED BY SECTION 166.231, ET SEQ., FLORIDA <br />STATUTES, TO LEVY AND IMPOSE UTILITY TAX UPON <br />THE PURCHASE WITHIN THE CITY OF SUNNY ISLES <br />BEACH OF ELECTRICITY, WATER, METERED GAS, <br />BOTTLED GAS, COAL, FUEL OIL AND <br />TELECOMMUNICATIONS SERVICE; PROVIDING FOR <br />SEVERABD...ITY; PROVIDING FOR AN EFFECTIVE DATE. <br /> <br />WHEREAS, pursuant to Section 8.4 of the City Charter of the City of Sunny Isles Beach (the <br /> <br />"City"), and until otherwise modified by the City Commission, all municipal taxes and fees imposed <br /> <br />within the City boundaries by Metropolitan Dade County (the "County) as the municipal government <br /> <br />for unincorporated Dade County, which taxes and fees were in effect on the date of adoption of the <br /> <br />City Charter, shall continue at the same rate and on the same conditions as if these taxes and fees had <br /> <br />been adopted and assessed by the City; and <br /> <br />WHEREAS, the City Commission finds that the above-cited Charter provision is effective by <br /> <br />operation oflaw to continue the levy and imposition ofthe utility tax (the "Utility Tax") provided by <br /> <br />Section 29-36, et seq., of the Metropolitan Dade County Code (the "County Code") as authorized <br /> <br />by Section 166.231, et seq., Fla. Stat., upon the purchase in the City of electricity, water, metered <br /> <br />gas, bottled gas, coal, fuel oil and telecommunications service (the "Utility Services"), without the <br /> <br />necessity for adoption of an ordinance by the City; and <br /> <br />WHEREAS, the City Commission has been advised that certain providers of Utility Services <br /> <br />may have concerns regarding the application of City Charter Section 8.4 pertaining to the imposition <br /> <br />of the Utility Tax and may assert that the adoption of an enabling ordinance is necessary for the levy <br /> <br />and imposition by the City of such Utility Tax; and <br />