1937-06-22 Special
544 .
Okeechobee,Florida
. .rune 15,1937. . 8
Tho City Council met in adjourned meot~ng, on the above date w~th the follow~ng
present: W,J.Hendry,Mayor,Oouncilmen,H.H.Raulerson,Pres. City Cow~cil,A.W.Brass,
H.G.aulbreth,S.M.Swain, and J.H.Walker,with Alto watford,Oity ClerktL,L.Conrad,Ohief
tolice,and N.o.s~ewart,Fire Chief.
Councilman CulQreth moved that 20 acres of land owned by the City be sold to
Robert LaMartin for the sum of ($200.00). Motion was seconded by Brass and Carried.
Upon mot~on tho ~Oity Cotmcil adjourned.
B~~~
. President - Oi ty Counci
ATTEST: ..
, 8,
Okeechobee,Florida ;
JUÈ.e 22,1937 1
1+
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The Ò1ty Council met in Special Ses3ion ,at the City Hall on the above date; ~
for the purpose of discussing Ways & Means of raising Revenue to assist in the
operation of the City Government, with the,follQwin~ presont:W.J.Hendry,MayoG' H.H. ,
Raulerson,pres.Oouncil,Cotmcilmen: S.M.swa~n,A.w.BrasS,J,H.WalkertSr.,;~d H. .Culbre n
witn Alto Watford,Oity Olerk,L.L.Oonrad,Chief of police and N.O.Stewart,Fire Chief.
Oow1cilman Walker presùnted Ordinance No.1ßl and moved its adoption. The motion
was seconded oy Councilman Culbreth and was c8,rried.
s
ORDIIANCE NO.1Sl
AN ORDINANOE LEVYING A SPEOIAL PRIVIL3::GE TAX ON ALL PERSONS) FIRMS AND OORPORATION
OFFERIHG FOR SALE OR SELLING OIGARETTES, OIGARS AND SMOKING TOBAOCO WITHIN THE CITY
LILvlITS OF THE CITY OF OKEECHOBET, FLORIDA: PROVIDING FOR THE COLLEOTI.:JN OF SUCH TAX
AND FOR THE DISPOSITION THEREOF; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE
PROVIS. IONS OF THIS ORDIE ANOE AND P '1ESORIBING TH~ TIM~ 1~'HEN THIS ORDINANCE SHALL BE .1.
IN EF!!ECT.'
.~
BE IT ORDAINED BY TH~ CITY COUNCIL OF THE CITY OF OKEEOHOBEE, FLORIDA:'
SECTION 1. That in addition to 9.11 other taxos or every kind and chara.cter now ..
imposed by Ordinance of the City of OkeGchobeb, Florida, every p~rson, fir:¡; or Oorp.-
oration who sells, or offers for sale, at retail, cigarettes,cigars,and smoking
tooacco shall pay to the City of ~keechobee a license or privilege tax which shall
be measured by and graduated in accordro~ce with the amolli1t received for such cigar- .
ettes, cigars or smoking tobacco and shall be b9.scd on the ordinary rct8.il øelling
price of such aTticle.
1. On every package of cigarettes offered for sale for ten cents or
les3~ a tax of ltþ shall beoail.
2. On each package of cigarettes selling for eleven cents and not more
than fifteen cents, a ta~ of 2tþ shall bo paid~
3. On each can,sack, jar or other container of smoking tobac~o selling ¡
for fifteen cents or less, a tax of 11: shall oe paiil.. "
~. On each can,sack jar or other container of smoking tobacco selling, .
for sixteen cents or over, a tax of 2cþ shall be paiil.. '..-'
5. On cigaTs selling more than one for ;ive centst a tax of lØ shall be
paid on each five cent sale.
6. On cigars selling for five cents each or more a tax of ltþ each shall
be paid.
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SECTION, 2. Tho Tax herein levied oy this Ordinance shall be paid through the use I
of stamps herein provided for. stamps in denominations to the amount of the tax shrlJe.
0' .,' be ~.offixed to the package or other con. tainer from Wh,iCh or in which the ciga7ettcs
cigars and smokin¿ tobacco taxed by this Ordinance are normally sold at retall.
The stamDS shall be affixed in shah a manner that their removal shall require
continued applic8.tionof water or steam, and the required amount of stamps to cove,
the ta~ shall be affixed to each individual package.
SECTION 3. The taxes imposed by this Ordinance saall be paid by affixing
stamps in the m9~ner and at the time herein set forth. stamps shall be affiEed by
the retailer to the package in which or from which the cigarettes,cigars,or smok-
ing tobacco are normally sold at retail at or before the time of resale.
The stamps required to be affixed to the package shall be
purchased by ~he retailer in the requirod denominations from the City Clerk of the
City of Okeechobee, and the City Clerk is hereby authorizod to have prepared and
distribute, upon payment to him of the amount represented by such stamps, stamps
suitable for denoting the tax on all articles UDon which a tax is imposed by this
Ordinance.
,0 SECTION 4. It shall be unlawful for <3.ny retail seller to sell any cig-
arettes,cigars or smoking tobacco or any other like tobacco product without first:
having paid the privilege tax thereforeimposed by thta Ordinance,by the purchase ¡
0 of the stÐmps provided for in thi~ Ordinance,ap.dt:h1l shall be unlawful for a.ny such
seller to sell any of such products without having first affixed such stamps to ;
... the package in which said cigarettes, cigars and smoking tobacco are sold at retail. 1
SECTION 5. Each and every retail seller of ciga.rettes cigars and smokin
g tobacco,or other like tobacco products, selling such products at retail in theCit. I
of Okeechobee,for the privilgge of which a tax is i~poGed by the terms of this I
Ordin8~ce,shall complete records showing all sales in tho City of Okeechobee of
su.. ch cigluettes, cig;3.rs 8.nd smo~<:ing tobacco,or other like tobD.ceo. products, which II
said records shall at all times be open for inspection by tho ~hief of Police or
anyt police officer of tÌJ.e City of Okeochobee, Viiho shall have authority to ¡¡ìalœ
such transcripts thereof as may be necessary for the nurpose of enforcing the
provisions of this Ordinance.
SECTION 6. Any retB.il seller of cigé3.rettes, cigtUS of smoking tooacco,
or other like tobacco ~roducts selling such products in the City of Okeechobee,
will fully failing or fefusing to p.ay the e.mOlìl1t of tile tax imposed by this Ordi- I
nance to the City of Okeochobee, Qr who wilful~y fails to properly affix tho roq- I
uired stam~)s to any cig:3,rettes, cigars or smoking toba.cco, or oth~r like tobacco i
product G, within the time specified in Section 3 of thi G Ordina~ce, 01' by tho I
timl3 of the resale by such retail soller of sueh cig'~rettes, cigaars or smoking I
tobacco, or other like tobacco productG,shall be subj~ct to a fine of not more I
th3.n Two Hundred( $200. 00) Dollars, or to imprieonIpent with or without hard lð.oor u~ '
on the streets or public works of the City of Okeechobee, for not more than
sixty (60) dg,ys,or both such fin03.11d im~)risonmant;8t the discre(?,tion of the
Mayorr for each and every viblation.
O. . SECT10N7. That wgoever preps.res any Gt:?JTlpS with interest to use or
, .. ce.use tho same to be used upon any cigé-"rettes cig,~rs, or smoking tobp.,cco, or 8.ny
other like tobacco product, upon which a tax is imposed by this Ordinance, 'in
vio18.tion of thi~ Ordin:U1ce, or whoever wilfully removes or othl3rwise prep3.res
0 B.ny Gte.mps' wi th th..:: intent to use or C8,USO the GB.me to ~)e used, äfter such stamps I
have nlre;3dy been used, or VI.rhoever wilfully or !<:nowingly bytys, sells offers for
s:Üe or giv(]s e..way ('my such used stB.m~')s to ::3.ny person,for URe ul)on such products, i
or knowingly uses the BEtme, or har:. in hiB posi~ession any used or 8,ltered ßt&mo
whi ch he.s been removed fro:n the (3, rt icle to which it has been prœviously affixed,
. or whoever' for t:le purpose ofi indicat iimg the payment of any tax horeinunder, .
reuses ;3.ny stamp which has oeon theretofore used, for thepurpose of ¿aydng any
tax provided for by tllis Ordin8.nco, or whoever bytys,offors for sa.le, or has in his
possession any counterfeit BtsmpS, shall be subject to a fine of not more than Two
Hundred Dolls.rs ($200.00) or to imprisonment, with or without hard 1 B.oor upon tho
streets or :)ublic works of the City of Okeccho¡bee, for not more than sixty days
(60), or to both such fine and imprisonmcDt, at the discretion of the Mayor, for
each and every violation.
SECTION!. All money collected from the tax hereby levied shall be
deposited by the City Clerk in the General Fw1d ACCOlut of the City of Okeecilobee
O. to be used for sue h 9ro9 or muni eip al purpo 80S 8.S may be det ermi nod by th eOi ty
. Oou~eil. ¡
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SECTION 9. If any section,portion or clause of this Ordinance, for
any reason, shall be hêrd void, inoperative or unconstitutional, such invalidity
o~ unconstitutionality shall not affect or invalidate the remaing sections or
provisions.
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546
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SECT~ON 10. This Ordinance shall be cwnulative to all other taxing
ordinances of the City of Okeechobee but hereby repeals any Ordinance or parts
of Ordinances in conflict with tho provisÏ>ons hereof. .
~CTION 11. This O~nance shall tùe effect on thelst d~ of July I
A.D. 1937. '
Read a first time and by unanimous consent passed to a second re~ding.
Re,~.d a second time ê3.nd by unanimous consent passed to ~, ¡bird and final
reading. .
Road a third timo and-PASSED by thoJ City Council of the City of œkee-
chobee,Florida,in special session this -- day of Jlmo,A.D.1937.
H.H.Raulerson
---President o~ty Cow1cil
ATTEST: Altö Watford 4IÞ
City Clerk
APP ROVED by me t hi s'.:L~ day 0 f June, A. D. 1937. I
W.J.Hendry
MAYOR
Okeochobee,Florida
July 13,1937
The City Council met in Regular Ses~ion, at the City Hall on the abo~e
date; with the following present: W.J.Hendryj)4ayor, H.H.Ra.u).erson, Pres. City
Council, Colmcilmen: S.M.Swain, A.W.Brasr, J~H.W:Üker,Sr. and H.G.Culbreth, and
i\lto W~tford, City Clerk,L.C.Tootle,Wa.tcr. Supt. ,L.L.Conrad, Chief of Police, and
N.O.Stewart,Firo Chief.
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Minutes of thclast meeting were road and approved.
J.H,McCarter,Jr. appeared before the City Council, ,in regard to a position
~ith the City if tho WPA and City of Okeechobee, in case if there was a recreation
project started in Okeechobeo.
(
Mr. G.w.Wynn ~peared before the City Colli1cil in regard to removing the I
Dia.!11ond Ball Park, af.er some discussion it was decided to defer action wÜ tl ano- .
thcr time.
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Countilman Culbreth made motion to go into bxecutive session. Motion was 4IÞ
seconded by Councilman Bfass and was carried.
Ci ty Council C,3mo ì.Y3.ck into open Ses:Üon.".-Þ
CdlU1cilman Brass mado motion to appoint an acting Water Supt. at a s:3.l:-uy
i.:>f $100.00 per tlonth and $25.00 per month expenses. Motion was seconded by Counci-
lman Walker &ndccarried.
Cow1cilman Walker made motion that City GolU1cil select o~ Acting Water
:3upt. by a secfet bs.lléDt. said porosn to omi)loyed 011 8. ;nonthly base. Brass soconde
motion and W'JS c8rded.' Upon a Seci'et Ba.llot 'W,3.S held B.nd E. G. Sellers W8.S selected:
3.3 Acting V¡é?ctor Supt.
Councilman Culbreth made motion to)8.Y L.C.Tootlc sA18ry for the month of
July. Counci lman Walk cr seconded. mot ion 8.nd was cB.rricd~
Mr.Malham submi ttod contr8.cts for stre~t lighting and furnishing ElectricB I
Current to City Water Station. The matter was di~cus~ed and upon motion duly maae .
and seconded it was decided to do~er action on same. .
"
Upon motion duly seconded the Council adjourned to moot ThursdaY,aftornoo
July 15th, at 2:00 P.M.
B Y ./idi;:t..¿'..u LeA ~
ATTE S T : ~ iß ~ " ., .. ... - p~~ ~i~:~~ _~i t Y Wlcil