HomeMy WebLinkAboutO-08149ORDINANCE NO. 8149
AN ORDINANCE AMENDING SECTION 55-2
SUBSECTION (5) OF ARTICLE I ENTITLED
"EXCISE TAXES" OF CHAPTER 55 OF THE
CODE OF THE CITY OF MIAMI, BY DELETING
SECTION 55-2 SUBSECTION (5) IN ITS
ENTIRETY AND ENACTING A NEW SECTION
55-2 SUBSECTION (5) EXCLUDING THE SALE
OF FUEL OIL TO A PUBLIC OR PRIVATE
UTILITY, EITHER FOR RESALE OR FOR USE
AS FUEL IN THE GENERATION OF ELECTRICITY
FROM TAXATION; REPEALING ALL ORDINANCES,
CODE SECTIONS OR PARTS THEREOF IN CONFLICT
HEREWITH INSOFAR AS THEY ARE IN CONFLICT;
AND PROVIDING FOR A SEVERABILITY PROVISION.
WHEREAS, the Circuit Court of the llth Judicial
Circuit in and for Dade County, Florida, in the case of
Florida Power & Light Company vs. Rose Gordon, No. 72-12305,
enjoined the City of Miami from imposing an excise tax on
the sale of fuel oil to a public or private utility either
for resale or for use as fuel in the generation of electricity;
and
WHEREAS, the City Commission of the City of Miami
by Resolution No. 72-544, dated September 15, 1972, agreed
not to appeal the decision of the Circuit. Court.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION
OF THE CITY OF MIAMI, FLORIDA:
Section 1. Section 55-2 Subsection (5) of the
Code of the City of Miami is deleted in its entirety and
a new Section 55-2 Subsection (5) is hereby enacted to
read as follows:
(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 any bills for the
purchase of sixteen ounces or less of
bottled gas in a container shall be exempt
from taxation and further this section
shall not apply to the sale of fuel oil
to a public or private utility, either
for resale or for use as fuel in the
generation of electricity.
Section 2. All ordinances, code sections or
parts thereof in conflict herewith, ins:)far as they are
in conflict, are hereby repealed.
Section 3. If any section, sentence, clause, phrase,
or word of this ordinance is for any reason help' or declared
to be unconstitutional, 4.nooerative or void, such Holding or
invalidity shall not effect the remaining portions of this
ordinance, and it shall bra construed to have been the intent
of the Commission of the City of Miami to pass this ordinance
without such unconstitutional, invalid, or inoperative part
therein, and the remainder of this ordinance, after the
exclusion of such part or parts shall be deemed and held to
be valid as if such parts had not been included therein.
PASSED on first reading by title only this 22nd
day of February , 1973.
PASSED AND ADOPTED on second and final reading by
title only this 8th day of
H. D. SOUTt r
he ruby
A. r. 1/---)
Doc..r cz 1'•:
said
Citythis__/ .4iu u
/1
March ,1973.
DAVID T KENNEDY
MAYOR
Attes
l 2-
c,SOUTIiERN
co
. L.
<< t
City Clork
of' tC Aty Clerk
te-
MIAM1 RtVIEW
AND DAILY RECORD
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADS
Before the undersigned authority pertonelly ago.
peered Martha Drobnie, who on oath says that she
is the Office Manager of the Miami Review and
Daily Record. a daily (except Saturday, Sunday end
Legal Holidays) newspaper, published et Miami In
Dade County. Florida; that the attached copy of adver-
tisement, being a Legal Advertisement or Notice In
the matter of Adoption of Ordinance Noe 8149
Ret Deleting Section 55-2 Subsection (5)
in its entirety/ Excluding the Sale of
Fuel Oil to a Public or Private
Utility,
et.C.e
In the Court,
was published in said newspaper in the issues of
t•iarch 131 1973
Affiant further says that the said Miami Review
and Daily Record is a newspaper published at Miami,
in said Dade County, Florida, and that the said news-
paper has heretofore been continuously published in
said Dade County. Florida, each day (except Saturday,
Sundayand Legal Holidays) and has been entered as
secondaiDade County, Florir da.t tfor aost pe iodcofioneiy year
next preceding the first publication of the attached
copy of advertisement; and affiant further says that
she has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or
refund for the purpose of securing this advertisement
for publication in the said newspaper.
Sworn to end subscribed before me this . •.r3th
day of
March
, A.D. 19 73
Janet Leo,
Notary Public. State of Florida at Large.
(SEAL)
My Commission expires April 15, 1973.
Ott or IttArtf.
i)AnE CorvrTL, rt oRtl►K
ttoAt .!t crtiot y-.
Ali interested tt1ll 404 intice
that on the 9th day of March,
1911 the Comitttsatolt of the City
of Miami, Flrltide adopted an
ordinance entitled L
AN ORDINANCE ASMENDING
SECTION 85-2 SUBSECTION
(5)_ OF, ART/OLE I EN-
TITLED "EXCISE TAXES"
OF, CHAPTER 55 OF THE
CODEOF THE CITY OF
MIAMI, BY DELETING SEC-
TION 5511 SUBSECTION (5)
IN ITS ENTIRETY AND EN-
ACTING A NEW SECTION
55-2 SUBSECTION (5) EX-
CLUDING THE SALF. OF
FUEL OIL TO A PUBLIC OR
PRIVATE UTILITY, EITHER
FOR RESALE Olt FOR . USE'
AS FUEL IN THE GENERA-
TION OF ELECTRICITY,
FROM TAXATION; REPEAL-;
INC ALL ORDINANCES.;
CODE SECTIONS OR PARTS'
THEREOF IN CONFLICT
HEREWITH INSOFAR AS
THEY ARE IN CONFLICT; ,
,AND PROVIDING FOR A''.
SEVER ABILITY PROVISION
which Is designated Ordinance
No. S149.
H D SOUTHERN
CJTV CLERK
CITY OF MIAMI,
FLORIDA
Publication of this notice on
the 13th day of March. 1973.
Ad No. 30.14S
RHT/cc
2/15/73
ORDINANCE NO i "1/3117
AN ORDINANCE AMENDING SECTION 55-2
SUBSECTION (5) OF ARTICLE I ENTITLED
"EXCISE TAXES" OF CHAPTER 55 OF THE
CODE OF THE CITY OF MIAMI, BY DELETING
SECTION 55-2 SUBSECTION (5) IN ITS
ENTIRETY AND ENACTING A NEW SECTION
55-2 SUBSECTION (5) EXCLUDING THE SALE
OF FUEL OIL TO A PUBLIC OR PRIVATE
UTILITY, EITHER FOR RESALE OR FOR USE
AS FUEL IN THE GENERATION OF ELECTRICITY
FROM TAXATION; REPEALING ALL ORDINANCES,,
CODE SECTIONS OR PARTS THEREOF IN CONFLICT
HEREWITH INSOFAR AS THEY ARE IN CONFLICT;
AND PROVIDING FOR A SEVERABILITY PROVISION.
WHEREAS, the Circuit Court of the llth Judicial
Circuit in and for Dade County, Florida, in the case of
Florida Power & Light Company vs. Rose Gordon, No. 72-12305,
enjoined the City of Miami from imposing an excise tax on
the sale of fuel oil to a public or private utility either
for resale or for use as fuel in the generation of electricity;
and
WHEREAS, the City Commission of the City of Miami
by Resolution No. 72-544, dated September 15, 1972, agreed
not to appeal the decision of the Circuit Court.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION
OF THE CITY OF MIAMI, FLORIDA:
Section 1. Section 55-2 Subsection (5) of the
Code of the City of Miami is deleted in its entirety and
a new Section 55-2 Subsection (5) is hereby, enacted to
read as follows:
Fl :3 210r3
(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 any bills for the
purchase of sixteen ounces or less of
bottled gas in a container shall be exempt
from taxation and further this section
shall not apply to the sale of fuel oil
to a public or private utility, either
for resale or for use as fuel in the
generation of electricity.
Section 2. All ordinances, code sections or
parts thereof in conflict herewith, insofar as they are
in conflict, are hereby repealed.
Section 3. If any section, sentence, clause, phrase,
or word of this ordinance is for any reason held or declared
to be unconstitutional, inoperative or void, such holding or
invalidity shall not affect the remaining portions of this
ordinance, and it shall be construed to have been the intent
of the Commission of the City of Miami to pass this ordinance
without such unconstitutional, invalid, or inoperative part
therein, and the remainder of this ordinance, after the
exclusion of such part or parts shall be deemed and held to
be valid as if such parts had not been included therein.
PASSED on first reading by title only this
2Z. day of
, 1973.
PASSED AND ADOPTED on second and final reading by
title only this a day of 42/'
,1973.
40/4/ 006)4VA40, 7T4
MAYO
PREPARED AND APPROVED BY:
Attes
y
� u ner, Asst. City H-r'is,T , Atty.
�/
REVIEWED BY: � 7; • /;--(e*',�"'/�
ohn S. Lloyd, Asst. Director of Law
APPROVED AS PC FORM AND CORRECTNESS:
Alan H. Rothstein
City Attorney
-2-
ORDINANCE NO. 8149
AN ORDINANCE AMENDING SECTION 55-2
SUBSECTION (5) OF ARTICLE I ENTITLED
"EXCISE TAXES" OF CHAPTER 55 OF THE
CODE OF THE CITY OF MIAMI, BY DELETING
SECTION 55-2 SUBSECTION (5) IN ITS
ENTIRETY AND ENACTING A NEW SECTION
55-2 SUBSECTION (5) EXCLUDING THE SALE
OF FUEL OIL TO A PUBLIC OR PRIVATE
UTILITY, EITHER FOR RESALE OR F^R USE
AS FUEL IN THE GENERATION OF ELECTRICITY
FROM TAXATION; REPEALING ALL ORDINANCES,
CODE SECTIONS OR PARTS THEREOF IN CONFLICT
HEREWITH INSOFAR AS THEY ARE IN CONFLICT;
AND PROVIDING FOR A SEVERABILITY PROVT:"ION.
WHEREAS, the Circuit Court of the llth Judicial
Circuit in and for Dade County, Florida, in the case of
Florida Power & Light Company vs. Rose Gordon, No. 72-12305,
enjoined the City of Miami from imposing an excise tax on
the sale of fuel oil to a public or private utility either
for resale or for use as fuel in the generation of electricity;
and
WHEREAS, the City Commission of the City of Miami
by Resolution No. 72-544, dated September 15, 1972, agreed
not to appeal the decision of the Circuit Court.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION
OF THE CITY OF MIAMI, FLORIDA:
Section 1. Section 55-2 Subsection (5) of the
Code of the City of Miami is deleted in its entirety and
a new Section 55-2 Subsection (5) is hereby enacted to
read as follows:
(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 any bills for the
purchase of sixteen ounces or less of
bottled gas in a container shall be exempt
from taxation and further this section
shall not apply to the sale of fuel oil
to a public or private utility, either
for resale or for use as fuel in the
generation of electricity.
Section 2. All ordinances, code sections or
parts thereof in conflict herewith, insofar as they are
in conflict, are hereby re?ealed.
Section 3. If any section, sentence, clause, phrase,
or word of this ordinance is for any reason help' or declared
to be unconstitutional, inoperative or void, such holding or
invalidity shall not affect the remaining portions of this
ordinance, and it shall be construed to have been the intent
of the Commission of the City of Miami to pass this ordinance
without such unconstitutional, invalid, or inoperative part
therein, and the remainder of this ordinance, after the
exclusion of such part or parts shall be deemed and held to
be valid as if such parts had not been included therein.
PASSED on first reading by title only this 22nd
day of February , 1973.
PASSED AND ADOPTED on second and final reading by
title only this 8th day of March ,1973.
DAVID T KENNEDY
MAYOR
Attest;
:3 D SOUTHERN
City Clerk