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RESOLUTION NO. R-01-55
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, RELATING
TO REQUIRING AND COLLECTING PERMIT FEES FROM PROVIDERS
OF COMMUNICATIONS SERVICES AND ESTABLISHING THE LOCAL
COMMUNICA TIONS SERVICES TAX RA TE; PROVIDING FOR
INTENT; PROVIDING FOR NOTICE TO THE DEPARTMENT OF
REVENUE; PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Chapter 2000-260, Laws of Florida, as amended by Chapter 2001-140
(hereinafter called the "Communications Services Tax Simplification Law"), restructures and
consolidates all taxes imposed upon communications services; and
WHEREAS, the Communications Services Tax Simplification Law allows the City of
Sebastian to elect to adopt either a state-calculated "conversion" rate or a "maximum" rate for
the local communications service tax (CST) to be distributed to City from the State; and
WHEREAS, the Communications Services Tax Simplification Law requires each
municipality to make an election regarding the payment of permit fees by providers of
communications services; and
WHEREAS, a municipality may elect not to require and collect permit fees from any
provider of communications services that uses or occupies municipal roads or rights-of-way for
the provision of communications services. If the municipality elects not to require and collect
permit fees, the total rate for the local (CST) as computed under Florida Statutes for that
municipality may be increased by resolution by an amount not to exceed a rate of O. ] 2%; and
WHEREAS, the Department of Revenue must be informed of a municipality's election
by certified mail postmarked on or before July 16,2001; and
WHEREAS, whatever elections the municipality makes shall take effect on October 1,
2001.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SEBASTIAN,
FLORIDA AS FOLLOWS:
SECTION 1. Election to impose "maximum" rate; FY 2001-2002. Pursuant to F.S.
202.20 the City of Sebastian hereby elects utilize the "maximum" rate thereunder and,
accordingly, adopts a 5.3 percent rate as the City's local CST for the period of October 1, 2001
through September 30,2002.
SECTION 2. Election to impose "maximum" rate; FY 2002-2003 and beyond.
Pursuant to F.S. 202.20 the City of Sebastian hereby elects utilize the "maximum" rate
thereunder and, accordingly, adopts a 5.1 percent rate as the City's local CST for the period of
October 1, 2001 through September 30,2002.
SECTION 3. Election Not to Require and Collect Permit Fees. The City of
Sebastian elects not to require and collect permits fees from any provider of communications
services that uses or occupies municipal roads or rights-of-way for the provision of
communications services.
SECTION 4. Election to Increase Local Communications Services Tax. The rates
set forth in Section 1 and 2 above do not include the permit fee add-on allowed by F.S. 337.401,
and, accordingly, the City of Sebastian elects to increase its total rate for the local
communications services tax as established above by an amount of 0.12% in lieu of imposing
permit fees on communication service providers desiring to occupy City rights-of-way.
SECTION 5. Aggregate Local Communications Services Tax Rates. In the
aggregate, the initial CST for the City of Sebastian is 5.42 percent, to be effective October I,
2001 through September 30, 2002. In the aggregate, the annualized CST rate thereafter is 5.22
percent to be effective October 1, 2002 and thereafter, unless changed by action of the City
Council.
SECTION 6. Notice to the Department of Revenue. The City Council of the City of
Sebastian directs the City Clerk that notice of the above elections be provided to the Department
of Revenue by certified mail no later than July 16, 2001, as provided in the Communications
Services Tax Simplification Law.
SECTION 7. Severability. The provIsions of this Resolution are declared to be
severable and if any section, sentence, clause or phrase of this Resolution shall, for any reason,
be held to be invalid or unconstitutional, such decision shall not affect the validity of the
remaining sections, sentences, clauses, and phrases of this Resolution but shall remain in effect,
it being the legislative intent that this Resolution shall stand notwithstanding the invalidity of any
part.
SECTION 8. Effective Date.
The effective date of this Resolution shall be
immediately upon its passage by the City Council of the City of Sebastian.
The foregoing Resolution was moved for adoption
Hill . The motion was seconded by Councilmember
upon being put to a vote, the vote was as follows:
by Councilmember
Majcher and,
Mayor Walter Barnes aye
Vice-Mayor Ben A. Bishop aye
Councilmember Joe Barczyk aye
Councilmember Edward 1. Majcher, Jr. aye
Councilmember James Hill aye
The Mayor thereupon declared this Resolution duly passed and adopted this 11th day of July,
2001.
CITY OF SEBASTIAN, FLORIDA
By: l.f;v' }, f) 'r; ^ /-~, .,j (]
II I. -'.Ah .I rJ'~ I ~ /\...,( y..
Mayor Walter Barnes
ATTEST:
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al y A. aio, CMC
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
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