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Home My WebLink AboutM-85-0308J-94-10gI RR/079/D9 Revised 2/8/85 ORDINANCE NO. AN RDINANCE AMENDING SECTIONS 55-11 AND 55-' OF THE CODE OF THE CITY OF MIAM1, FLORI A, AS AMENDED, PROVIDING NEW DEFINI IONS RELATING TO PUBLIC SERVICE TAXES N TELEPHONE SERVICES; CONTAINING A REPEALE PROVISION, A SEVERABILITY CLAUSE, AND PROV DING FOR AN EFFECTIVE DATE. WHEREAS, the Citk Commission finds that, due to the growth of the the telephone se\ -vices industry, there is a need to expand and enlarge Chapter 55 of the City Code so as to impose the public service taxes on ditiona1 telephone services including intrastate toll telephone service and to avoid discrimination among those competitively siriilar; and WHEREAS, the City Commission desires to clarify its intent with regard to imposition of the public service tax involving the use of telephone services; NOW, THEREFORE, BE IT ORDAINED Y THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: `-' Section 1. Section 55-11 of the de of the City of Miami, ;. Florida, as amended, is hereby further mended in the following particulars: "Sec. 55-11. Definitions. ` For the purposes of this article the ollowing words and phrases shall have the meanings respectiv ly ascribed to them by this section: 4 (1) Bottled gas: All types and ki ds of natural, liqueTii—ed petroleum and manufactured gas for lighting, heating, cooking, power or any other purpo delivered to any purchaser thereof within the city. -' (2) Electricity: Al electric current r energy for -' lighting, heating, cooking power or any o er purpose delivered to any purchaser thereof within the ci Words and/or figures 9 tri eke n th rough are deleted. Un erscored words and/or figures are added. Remaining provisions are now in effect and remain unchanged. R FN i' ugly M oTi 0 fu ; ss-3a8 (3) Fuel oil: All bunker C oil, No. 1 and No. 2 fuel oil ana"kerosene or any combination thereof for lighting, heating, cooking, power or any other purpose delivered to any purchaser thereof within the corporate limits of the city. (4) Metered gas: Al types and kinds of natural and manufa—cFured gas for lighting, heating, cooking, power or any other purpose delivered to any purchaser thereof within the ci ty. (5) Purchase: Every act or transaction whereby possession of, utilization of, control over or title to electricity, water, metered gas, bottled gas, telephone service, telegraph service and fuel oil, occurs within the city and the a duty and obligation on the par oT-- Tie purchaser to pay arises therefrom, and every actor r�`ansacU-ion whereby utilization ot telephone or telegraph service occurs and a duty and o5ligation on the p`ar o a purchaser to pay at h is rest d en is usiness or other address wt in a ci y arises ere rom, , beee vested in the pure aser within the eity, But such term shall not pertain to nor include any such act or transaction when undertaken or performed by an agency or instrumentality of the United States Government, the state, the county or the city. (b) Purchaser: Every person legally liable for the paymen— of electricity, metered gas, bottled gas and fuel oil delivered to him, or telephone service, telegraph service and water service rendered to him, by a seller, unless such person is an agency or instrumentality of the United States Government, the state, the county or the city. (7) Seller: Every person delivering electricity, metered —gas, bottled gas or fuel oil, or rendering telephone service, telegraph service or water service to any purchaser thereof. (8) Telegraph service: as are rendered by telegraph such service within the city. All types and kinds of service companies to any purchaser of (9) Telephone service: sueh se, .... equ4res the payment of a guaranteed amount, Means local telephone service, intrastate toll telephone service, in ras a e teletypewriter or computer exchange telephone service, an (a) Local telephone service: The access to a local telephone system, and the privilege of telephonic quality communication with substantially all persons having telephone or radio telephone stations constituting a part o such local a ep one system, 'and customer acc`ess"liFe c arges for access to a toll telephone system or sys ems; e term'local a ep one servicedoes not include anv service wnicn is an -intrastate toII telephone service'. PAGE 2 85-3015 0 0. (b) Intrastate toll telephone service: ( i ) A telephonic quality communication for which there is a toll charge w is ivaries in amount with the distance and a apse ransmission ime o3- each in ivi ua communi ca-T of T or - ~-'- (ii) A service which entitles the subscriber or user, upon payment of a periodic charge a ermined as a flat amoun or upon ie asis o o a e apsed transmission ime, to the privi eT ge`o an unlimited `number of fe-l-ephonic communications to or from `al l 6Ta-§`55sTant1al portion o thepersonshavi ng eTepTione or radio telephone s a i ons wig-the—Sta e -of Florida in a specified area -which is outside the oca -teTep o e system -area in which tFes a ion provi` ded-wifff-E s service i s__or-teT.— The term 'intrastate toll telephone service' includes in ras a e wi a area telephone service c-Tiarges. (c) Intrastate private communication telephone carvira- (i) The intrastate communication service furnished 1.13 a 'subscriber or user which en ifTes`the subscriber -or user to excl usive or priority use of any communication channel or group o c anne sT`, ore-usee oT aintercommunication sys em for the subscriber' s s a - ons, regardless of whether such channel , group ot channels, or in ercommunica ion system may be connecf d throughswi c ing iT a service describeif in paragraph a or ereor; ( i i ) Switching capacity, extension lines, and stations, or other associated services which are provided in connection w`i t ,-an are necessary or unique to the use of, cianne I s or sys ems escri bed in paragraph c i hereof; or (iii) The channel mileage which connects a tele- phone station located —outside a local telephone system area with a central office in such oca a ep one system. (d) Intrastate teletypewriter or computer exchange telephone service: The access from a teletypewri er, telephone, computer, or other data station ot which suc station is a part, and the privilege ot in ercommunica ion y such station with substantially aI persons aving eeTetypewriter, telephone, computer, or otner aata stations within a State of Florida constituting a part of the same teletypewriter or computer exchange system, to which e c arges, whether such -charge or charges are aeterminea as a flat periodic amount, on the basis of distance and elapsed ransmission time, or some other method. e term 'intrastate tel e ypewri ter or computer exchange telephone servicedoes not include'local a ep one service or 'intrastate toll telephone service as defined in paragraphs 9(a) ana (o) nereor. (e) Telephone service subject to public service taxes inc u es service relating to coin- ox telephones installed wi in the city insofar as such service requires the payment of a guaranteed amount, but such term shall not pertain to nor include the service rendered at the time of and in consideration of the deposit of money in the telephone coin boxes. (f) Telephone service subject to public service taxes shall not include service rendered in the ci ty o persons with no address within the city when charges for such service are billed to an a ress outside the ci y. PAGE 3 8S-308 (10) Water service: The water supply furnished to all consumers of the city by the and sewers deplartment, water diY494enj- Miami -Dade Water and Sewer Authority Department for retail use and not for resse. (NOTE: The amendment in this paragraph has been ma a t o-re_fTeEY_the proper name owe current source of fre ci SF s`wafer supply.) Section 2. Section 55-12 of the Code of the City of Miami, Florida, as amended, is hereby further amended in the following particulars: (5) This section shall be applicable to all bills for electricity, metered gas, bottled gas, fuel oil, telephone service, telegraph service and water service, except that this section shall not apply to any bills for the purchase of sixteen (15) ounces or less of bottled gas in a container shall be exempt from —a-+-d preyided, further, that this see}' the sale of or to any bills for fuel oil sold to a public or private utility, either for resale or for use as fuel in the generation of electricity, or to any bills for telephone service sold to a seller of telephone service, either for resale or for use in the provision of telephone service. Section 1. All ordinances or parts of ordinances in conflict herewith, insofar as they are in conflict, are hereby repealed. Section 4. If any section, part of section, paragraph, clause, phrase, or word of this ordinance is declared invalid, the remaining provisions of this ordinance shall not be affected. Section 5. The provisions of this Ordinance shall become effective on 12:01 a.m., September 1, 1985. PASSED ON FIRST READING BY TITLE ONLY this , 1985. day of PAGE 4 SS-306 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY eat- thi s day of 1985. ATTEST: PREPARED AND APPROVED BY: L CHIEF DEPUTY CITY ATTORNEY APPROVED/��J0-�RM AND CORRECTNESS: L U V I M I1 • ---- CITY ATTORNEY 85-308 PAGE 5 i CITY OF MIAMI, FLORIDA - ::... 5 INTER -OFFICE MEMORANDUM 4 TO. Randolph B. Rosencrantz DATE: March 8, 1985 City Manager SUBJECT: Public Service Tax Ordinance t.: lark M rill FROM: Assistant to the City Manager foC REFERENCES: Intergovernmental Affairs ENCLOSURES: Ordinance "It is recommended that the attached Ordinance providing for an expanded revenue base for Public Service Taxes be presented to the City Commission for their review and. approval". On December 13, 1984, The City Commission passed on first reading, a compre- hensive Public Service Tax which would have greatly expanded the revenue base on which the Public Service Tax is collected on telephone services. On January 15, 1985, the City held a public workshop for the purpose of receiving comments from companies who would be affected by the Public Service Tax. Approximately thirty representatives were in attendance. Again, on February 12, 1985, a second meeting was held with the City Manager and representatives of the telecommunications industry, in order to further refine the Public Service Tax Ordinance. On February 14, 19850 the Ordinance that was presented to the City Commission had been substantially changed and is therefore being presented to the City Commission on first reading at this time. Those representatives who attended the meetings have now been notified that this Ordinance will be placed before the City Commission on March 21, 1985, and that the public hearing would be held the following month on April 11, 1985, when public comments would be accepted by the City Commission. This Ordinance as now proposed, provides for the revenue telecommunications to be expanded to include intrastate telephone customers access line charges. This would provide an estimated $2.5 additional revenues to the City, which would partially make up for the lost as a result of the deregulation of AT&T. The effective date has changed from April 15, 1985 to September 1, 1985. CM/mmm Encl. base for calls and million in revenues also been 85-308 0 Fn;m JAcoi3so'P SCHWARTZ NAs$ BLOCK Sc ENGLAND A PARTNERSHIP Or PROFESSIONAL ASSOCIATIONS DOUGLAS OFf'ICIE •••\.. •[.' ..�•Y, •t.at• •t•wA•D J•CO•fOw .•Cr•.o• JCs[•.t• SUITE -00 2401 DOUGLAS ROAD MIAMI. CLORIOA 3313• +w�N ,,. hOC. +r [000•[ 4[�N 777 ®RICKELL AVENUE C ••t LL. •,cor•t.c J •rqJ L.rc•Y.h (305) AAG • 2200 c•.• s s•00•! -. •.J•.t rth.. u/ r[• •o.-it X%Ax1, FL08IDA 3313t i��-Cw•. c.••.,0.o r .os.• YAh.t. LM•[4 TELEX 522726 •••'.•h. w C[S./.hC .... twCtI rC.[\•ON CAB" MIAMIL W +0•[.'. tr is D.v�O • r :rt.. (30 S) 374 • 1200 a.. - JA• COrtN C.A.Lts t runt• It •/VCt •• CC..N Y•+/ N J. h.•r TELEX 2SA31a R. LAUD[RDAL[ Ots IG[ •trN r tr•f CA.O. .. wo•.o . •.r U.. [ND.•NO J• w-LL1.r JA• .A.Y[. CABLE �LORIDALAW 7SO SO UTH CAST THIRD AVENUE atwt pfrt+ OV.[ • •..•[• Y..-whrt 090.Ot /,.^ x'T LAUDERDALE. rLOPIDA 333,E JOr.•r.N r D•tth •[•t••-- .Cl+Cr r.•• D orosfr•N s..w t• • ..,ct (305) •6z 2e00 r..vw C G\•1[. DtNw! • rAA! Cr•.Ltf •u•i4 •tMJ.rw f. fG+w.+'t C•f14.i <<'r'-L A'W D.L[ . .CC•C.6 Na JO•t•- - f[.O+• Dt...: • nterC. r.h r�C r.t. •. lr...0 s... • .[•.�o" •..c•[ • saro.E ..[. • •t•7.tCr DOw..D . +[sc.t• 2911C.,. ,"sro""'\ """"` '•"t'!' 27 1985 February HAND DELIVERED r, Clark Merrill - ^^ Assistant to the City Manager Miami City Hall �\ 3500 Pan American Drive ' Miami, Florida 33233-0708 RE: Amendments to Ordinance Nos. 55-11 and 55-12 Dear Clark: I am in receipt of your letter dated February 19, 1985. Please be advised that I have proofread the enclosed Ordinance and am returning same herewith initialed in the upper left-hand corner. The enclosed accuratley reflects the most recent version of the proposed. amendments to Chapter 55 of the City Code. Sincq•ely, S. Hellman BSH:dkp Enclosure 60609.0001 85-308