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HomeMy Public PortalAboutORD 06/08c ORDINANCE NO. 06/08 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE TOWN OF GULF STREAM, AT CHAPTER 2, ADMINISTRATION, TO INCLUDE A NEW ARTICLE IV, INSURANCE PREMIUMS, TO MAKE AVAILABLE ALL PROPERTY INSURANCE PREMIUM TAXES COLLECTED FROM PROPERTIES WITHIN THE CORPORATE LIMITS OF THE TOWN OF GULF STREAM AND PROVIDING THAT SAID TAX SHALL BE DUE AND PAYABLE TO THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FIRE - RESCUE SERVICES THAT DELRAY BEACH PROVIDES TO THE TOWN OF GULF STREAM IN ACCORDANCE WITH STATE STATUTES; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida, entered into an Interlocal Agreement with the Town of Gulf Stream, Florida, on May 12, 2003, to provide fire- rescue services to the Town of Gulf Stream, Florida; and WHEREAS, House Bill 1159 was passed into law and became effective on October 1, 2005; and WHEREAS, House Bill 1159, amended Sections 175.041(3)(c) and 175.101(3), Florida Statutes to provide that the excise tax levied on all premiums collected on property insurance policies covering property located within the corporate limits of the municipality that is receiving fire protection services from another municipality pursuant to an interlocal agreement, will be available to the municipality that is providing the fire protection services; and WHEREAS, the Town of Gulf Stream hereby agrees to make available premium tax funds to the City of Delray Beach as contemplated by House Bill 1159 and Sections 175.041(3)(c) and 175.101(3), Fla. Stat. (2006) . NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, AS FOLLOWS: Section 1. The Code of Ordinances of the Town of Gulf Stream, Florida, is hereby amended at Chapter 2, Administration, to include a new Article IV, Insurance Premiums, to read as follows: "Article IV. INSURANCE PREMIUMS Sec. 2 -80. Property Insurance Premiums Tax.. (1) There is hereby assessed and imposed on every insurance company, corporation or other insurer now engaged in or carrying on, or who shall hereafter engage in or carry on, the business of property insurance as shown by the records of the State Department of Insurance, an excise tax in addition to any lawful license or excise tax now levied by the Town, in the amount of one and eighty-five hundredths (1.85) percent of the gross amount of receipts of premiums from policyholders on all premiums collected on property insurance policies covering property within the corporate limits of the Town. In the case of multiple -peril policies with a single premium for both the property and casualty coverages in such policies, seventy (70) percent of such premium shall be used as the basis for the one and eighty-five hundredths (1.85) percent tax. This excise tax shall be payable annually on March 1 of each year. (2) All money derived from this tax shall be appropriated to the City of Delray Beach's Firefighter Relief and Pension Fund to provide fire- rescue services pursuant to the Interlocal Agreement between the Town of Gulf Stream and the City of Delray Beach. " Section 2. Repeal of Ordinances in Conflict. All other ordinances of the Town of Gulf Stream, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 3. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Stream. Section 4. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. PASSED AND ADOPTED in a regular, adjourned session as an emergency ordinance on first reading this day of 2006./,?' ATTEST: 7rol Clerk P: \DOCS\ 13147 \00001 \DOC\ 10 W0119. DOC Commissioner Conuyner Commissioner 2 ORD. NO. Clerk's Certificate STATE OF FLORIDA ) COUNTY OF PALM BEACH) ss: TOWN OF GULF STREAM ) I, Rita L. Taylor, hereby certify that 'I am the duly appointed and acting Clerk of the Town of Gulf Stream, Florida; that the foregoing is a true and correct copy of Ordinance Number 06/08 of the Town of Gulf Stream, Florida, the original of which is on file in the Office of the Town Clerk of the Town of Gulf Stream, Florida. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said Town, this 17th day of November , A.D. 2006 . (SEAL) - - Rita L. Taylor Town Clerk