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Home My Public Portal About1997-19 Assessing and Imposing a 0 85 percent excise taxORDINANCE NO. 97-19 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ASSESSING AND IMPOSING A .85 PERCENT (.85%) EXCISE TAX ON INSURERS' RECEIPTS OF PREMIUMS FROM POLICY HOLDERS ON ALL PREMIUMS COLLECTED ON CASUALTY INSURANCE POLICIES COVERING PROPERTY WITHIN THE CORPORATE LIMITS OF THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR THE APPROPRIATION OF SAID TAXES TO THE RETIREMENT PLAN ESTABLISHED FOR THE POLICE OFFICERS AND FIREFIGHTERS OF THE VILLAGE OF KEY BISCAYNE; PROVIDING SAID TAX SHALL BE IN ADDITION TO ALL OTHER LICENSE TAXES NOW LEVIED BY THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR THE PAYMENT AND COLLECTION OF SAID TAX; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on the 26th day of August, 1997, the Village of Key Biscayne, Florida, adopted Ordinance 97- 21 which established the Village of Key Biscayne Police Officers and Firefighters Retirement Plan; and WHEREAS, said Plan and Trust was duly enacted pursuant to Sec. 185.35, Florida Statutes, and in compliance with Ch. 185, Florida Statutes; and WHEREAS, Sec. 185.08, Florida Statutes, authorizes the Village of Key Biscayne, Florida, to levy a .85 percent (.85%) excise tax on Insurers' Receipts of Premiums from policy holders on all premiums collected on casualty insurance policies covering property within the corporate limits of the Village of Key Biscayne, Florida to fund said Retirement Plan and Trust; and WHEREAS, it is the intent of the Members of the Council of the Village of Key Biscayne, Florida, to levy said excise tax. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 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 casualty insurance as shown by the records of the State Department of Insurance, an excise or license tax amounting to .85 percent (.85%) of the gross amount of receipts of premiums from policyholders on all premiums collected on casualty insurance policies covering property within the corporate limits of the Village of Key Biscayne, Florida. In the case of multiple peril policies with a single premium for both the property and casualty coverages in such policies, thirty percent (30%) of such premium shall be used as the basis for the .85 percent (.85%) tax above. Section 2. All money from taxes imposed by this ordinance is hereby appropriated to the Village of Key Biscayne, Police Officers and Firefighters Retirement Plan, which shall be administered in accordance with the applicable provisions of Chapter 185, Florida Statutes. Section 3. The tax herein assessed and imposed shall be in addition to all other license taxes now levied or hereafter levied by the Village of Key Biscayne, Florida. Section 4. The excise or license tax herein provided for shall be payable and collected in the manner provided for by Chapter 185, Florida Statutes. Section 5. This ordinance shall remain in force until supplemented, amended, repealed or otherwise altered. Section 6. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications, and to this end, the provisions of this Ordinance are hereby declared severable. Section 7. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Key Biscayne, Florida. Section 8. This Ordinance hereby repeals all Ordinances in conflict herewith. Section 9. This Ordinance shall take effect upon its passage and approval. PASSED AND ADOPTED ON FIRST READING THIS day 26th of August, 1997. PASSED AND ADOPTED ON SECOND READING THIS day 9th of September, 1997. YOR JOHN F. FESTA AT ,I,/, ,ve CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE AN ORDINANCE ASSESSING AND IMPOSING A .85 PERCENT (.85%) EXCISE TAX ON INSURERS' RECEIPTS OF PREMIUMS, ETC. in the Ma= Court, was published in said newspaper in the issues of Aug 28, 1997 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of .advertisement; and affiant further says that she has neither paid nor promised any pe or corporation any di nt, rebate, commi - - • r refu • or the purpose of urin! this adverts- nt or public ion in the said 28 SWDM ttoo and sust.ubscribed before me this., day of , A.D.19 (SEAL) Octelma V. Ferbeyre rdd. .7#0.1e2:2g-Syrn.r. OFFICIAL NOTARY SEAL CHERYL H MARMER tCCOIBM SSION NUMBER CC545384 MY COMMISSION EXPIRES APR. 12,2000 VILLAGE OF KEY BISCAYNE PUBLIC NOTICE Notice is hereby given that the following ordinance will be consid- ered on Second Reading by the Key Biscayne Village Council at a meeting to be held on Tuesday, September 9, 1997, at 7:00 p.m., in the Council Chamber, located at 85 West McIntyre Street, Second Floor, Key Biscayne, Florida: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ASSESSING AND IMPOSING A .85 PERCENT (.85%) EXCISE TAX ON 'INSURERS' RECEIPTS OF PREMIUMS FROM POLICY HOLDERS ON ALL PREMIUMS COLLECTED ON CASUALTY INSURANCE POLICIES COV- ERING PROPERTY WITHIN THE CORPORATE LIMITS OF THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR THE APPROPRIATION OF SAID TAXES TO THE RETIREMENT PLAN ESTABLISHED FOR THE POLICE OFFICERS AND FIREFIGHTERS OF THE VILLAGE OF KEY BISCAYNE; PROVIDING SAID TAX SHALL BE IN ADDITION TO ALL OTHER LICENSE TAXES NOW LEVIED BY THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR THE PAYMENT AND COLLECTION OF SAID TAX; PROVIDING FOR SEVER - ABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCE; PRO- VIDING FOR AN EFFECTIVE DATE. Interested parties are invited to appear and be heard. A copy of the proposed ordinance may be obtained at Village Hall, Office of the Vil- lage Clerk, 91 West McIntyre Street, Suite 201, Key Biscayne, Florida 33149. Interested parties may appear at the Public Hearing and be neard with respect to the proposed ordinance. In accordance with the Americans With Disabilities Act of 1990, all persons who -are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the Village Clerk, 91 West McIntyre Street, Suite 201, Key Biscayne, Florida 33149, telephone number (305) 365-5506, not later than two business days prior to such proceeding. Should any person desire to appeal any decision of_ the Village Council with respect to any matter to be considered at this meeting, that person shall insure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based (F.S. 286.0105). Conchita H. Alvarez Village Clerk 8/28 97-4-082881M