HomeMy WebLinkAboutO-89-03 ORDINANCE NO. 0-89-03
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO POLICE PENSIONS;
PROVIDING FOR THE LEVYING AND IMPOSING UPON ALL
INSURERS, NOW OR HEREAFTER ENGAGING IN OR CARRYING ON
THE BUSINESS OF INSURING WiTH RESPECT TO CASUALTY
RISKS, AN EXCISE TAX OR LICENSE TAX IN ADDITION TO ANY
TAX NOW LEVIED, OF .85% OF THE GROSS AMOUNT OF RECEIPTS
OF ALL PREMIUMS FROM CASUALTY INSURANCE POLICIES
INSURING PROPERTY WITHIN THE MUNICIPAL LIMITS OF THE
CITY OF SEBASTIAN; PROVIDING WHEN SAID EXCISE TAX SHALL
BE DUE AND PAYABLE; PROVIDING FOR REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, a police officer employed by the City of Sebastian
may presently elect to participate in the General City Retirement
Program which provides no special benefit to police officers; and
WHEREAS, Chapter 185, Florida Statutes (1987), provides that
a municipality may create a special fund to be known as the
"Municipal Police Officers' Retirement Trust Fund," exclusively
for the purposes provided in Chapter 185; and
WHEREAS, the Municipal Police Officers' Retirement Trust
Fund may be funded, in part, by the net proceeds of an excise tax
which may be imposed by the City of Sebastian upon certain
casualty insurance companies on their gross receipts of premiums
from holders of policies, which policies cover property within
the corporate limits of such municipalities; and
WHEREAS, the City of Sebastian
Police Benevolent Association have
Bargaining Agreement which obligates
and the Coastal Florida
negotiated a Collective
the City to establish a
Municipal Police Officers' Retirement Program with benefits at
least equal to that set forth in Chapter 185, Florida Statutes
(1987) commencing on October 1, 1989; and
WHEREAS, the City has agreed to enact legislation necessary
to impose an excise tax on casualty insurance premiums in order
to partially fund the Municipal Police Officers' Retirement
Program.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. EXCISE TAX IMPOSED. There is hereby
assessed, imposed, and levied on every insurance company,
corporation, or other insurer
who shall hereafter engage in
casualty insurance as shown
now engaged in or carrying on, or
or carry on, the business of
by records of the Department of
Insurance of the State of Florida, an excise tax in addition to
any lawful license or excise tax now levied by the City of
Sebastian, amounting to eighty-five one hundredths percent (.85%)
of the gross amount of receipts of premiums from policy holders
on all premiums collected on casualty insurance policies covering
property within the corporate limits of the City of Sebastian.
SECTION 2. PAYMENT DATE. The license or excise tax
herein imposed shall be due and payable annually on the first day
of March of each year after 1989.
SECTION 3. CONFLICT. All ordinances or parts of
ordinances in conflict herewith are hereby repealed.
SECTION 4. CODIFICATION. it is the intention of the
City Council of the City of Sebastian, Indian River County,
Florida, and it is hereby provided that the provisions of this
Ordinance shall become and be made a part of the Code of
Ordinances of the City of Sebastian, Florida; that the sections
of this Ordinance may be renumbered or relettered to accomplish
such intention; and that the words "ordinance" may be changed to
"section", "article", or other appropriate designation.
SECTION 5. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Ordinance is invalid or unconstitutional, the remainder of
the Ordinance shall not be affected and it will be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Ordinance without said invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
SECTION 6. EFFECTIVE DATE. This Ordinance shall become
effective immediately upon its adoption.
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The foregoing Ordinance was moved for adoption by Councilman
was as follows: ~
The motion was seconded by Councilman
and, upon being put to a vote, the vote
Mayor Richard B. Votapka
Vice-Mayor Robert McCarthy
Councilman Robert McCollum
Councilman Frank Oberbeck
Councilman Lloyd Rondeau
The Mayor thereupon declared this Ordinance duly passed and
adopted this /~ day of~ ~.~/~ , 1989.
CITY OF SEBASTIAN, FLORIDA
Richard B. Votapka, Mayor
Kathry~ M~~ O'H~lloran, CMC/AAE
City C~erk
i HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Veto Beach Press Journal as
required by State Statute, that one public heariqg was held on
this Ordinance at 7:00 p.m. on the /~./~ day of ~/D~ ,
1988, and that following said public hearing, thi's/~rd"~nance was
passed by the City Council.
Kathry~M. O'H~lloran, CMC/AAE
City CIerk
Approve s to Fo~m and Content:
Cha~es Ian ~sh, Cit~ Attorney
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