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Ordinance 028-1985ORDINANCE NO. 28 -1985 AN ORDINANCE OF THE COUNTY OF MONROE, FLORIDA; DECLARING AN EMERGENCY EXISTS; WAIVING NOTICE; IMPOSING A FIFTH AND SIXTH CENT TAX PER GALLON ON ALL MOTOR FUEL AND SPECIAL FUEL SOLD IN THE UNINCORPORATED AND INCORPORATED PORTIONS OF THE COUNTY; ESTABLISHING THE EFFECTIVE DATE OF THE SAID TAX AND THE TERM DURING WHICH IT SHALL BE COLLECTED; AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE COUNTY AND THE INCORPORATED MUNICIPALITIES THEREIN; PROVIDING FOR THE METHOD OF COLLECTION OF THE SAID TAX, THE METHOD OF DISTRIBUTION OF THE TAX PROCEEDS, AND THE PURPOSES FOR WHICH THE TAX MAY BE UTILIZED; PROVIDING FOR THE CODIFICATION OF THIS ORDINANCE AND AN EFFECTIVE DATE THEREOF. WHEREAS, to facilitate the smooth fiscal implementation of the 5th and 6th cent gas tax, it is necessary to have such in place by September 1, 1985; and WHEREAS, since time is of the essence, it is necessary to pass this ordinance through emergency procedure; now, therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: Section 1. An emergency is hereby declared, immediate enactment of this Ordinance is necessary, and notice is waived by a four -fifths vote, all pursuant to F.S. 125.66(3). Section 2. There is hereby imposed a fifth and sixth cent tax per gallon, for each gallon of motor fuel sold in the unincorporated and incorporated portions of the County, in accordance with the provisions of S,�ction 336.025, Florida Statutes. Section 3. The tax hereby imposed shall be collected in the same manner as all other motor fuel taxes, and each distributor of motor fuels shall report to and pay over to the Florida Department of Revenue any such taxes collected, on a monthly basis, all as provided in Section 206, Florida Statutes. Section 4. The tax thus collected, reported and paid over to the Florida Department of Revenue, shall be distributed to the County and the municipalities therein, in accordance with the provisions of any interlocal agreement providing therefore. f Section 5. The County is authorized to enter into an interlocal agreement between the County and the municipalities therein, providing for the allocation of the motor fuels tax collected hereunder, and the distribution of the tax on a monthly basis to the County and the municipalities, and the proper officers of the County are hereby authorized to execute such interlocal agreement. Section 6. The tax hereby imposed shall be effective and shall be collected by all distributors of motor fuels in the County beginning September 1, 1985, and shall be collected for a period of three years thereafter. The tax may be reimposed for a like period of time upon the expiration of the initial term, provided that the method of distribution shall first be redetermined. Section 7. The County proposes to enter into an Interlocal Agreement with the municipalities and does find that the same does not represent a majority of the population in said County. The Interlocal Agreements to be entered into will provide for the distribution to the three municipalities within Monroe County, reserving the balance thereof to the County itself and such distribution by the Florida Department of Revenue shall be as follows: Recipient City of Key West City of Key Colony Beach City of Layton County of Monroe Share of Proceeds 35% 2% 1% 62% Miles of Roads Maintained 61.8 4.5 1.5 450 Section 8. The proceeds of this tax may be used for public transportation operations and maintenance, public roadway and right-of-way maintenance and equipment, public roadway and right-of-way drainage, public street lighting, traffic signs, engineering, signalizing and pavement markings for public roadways, maintenance and operation of public roadway bridges, debt service, current expenditures for transportation projects in these areas, including construction and reconstruction of public roads, and for the purpose of obtaining matching funds from the Florida Department of Transportation pursuant to Section 334.046, Florida Statutes. Section 9. This ordinance shall be codified and incorporated into the Code of Ordinances of Monroe County, Florida. Section 10. In the event that any portion of this ordinance shall be declared unconstitutional or shall otherwise become invalid, it shall not affect the validity of the remainder of this ordinance. Section 11. This ordinance shall take effect when a copy has been accepted by the postal authorities of the Government of the United States for special delivery by registered mail to the Department of State. (Seal) Attest: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By:(- Mayor/Chairman .APPROVED AS 70 FORM AZDGALSUFFICIENCY. BY Attorney's Office OF SN E Sr4, FO Y1 � - O FLORIDA DEPARTMENT OFSTATE George Firestone Secretary of State August 28, 1985 Mr. Danny Kolhage Clerk of Court 500 Whitehead Street Key West, Florida 33040 Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge: 1. Receipt of your letter/s of and certified copy/ies of Emerg'en'cy ordinance No. 85-28 - Monroe County LC/ 2. Receipt of _ relative to: (a) (b) which we have numbered which we have numbered County Ordinance/s 3. We have filed this/these Ordinance(s) in this office on August 28, 1985. 4. The original/duplicate copy/ies showing the filing date is/are being returned for your records. Cordially, (Mrs.) Liz Cloud, Chief Bureau of Administrative Co -de FLORIDA-State of the Arts IRANCH OFFICE 2117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 "EL. (305) 743-9036 January 6, 1986 COUNT,- C 11 ;�• - 0 ,y�90E 1OUQv y Mannp 1. Rorbage CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 294-4641 Mr. Robert L. Leslie Vice -President --Supplements Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32304 BRANCH OFFICE P.O. BOX 379 PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-9253 In Re: Copies of Ordinances, Monroe County, Florida Dear Mr. Leslie: Due to a change in personnel, you may not have received certified copies of Ordinances 028-1985 through 034A-1985, inclusive. Therefore, we are sending said copies for inclusion in the Monroe County, Florida Code of Ordinances. Please contact us if you need any further information. Sin fre1y, Z Laurie A. Freeling Secretary to Mr. Ko�l'hage ._./ Enclosures i � ;/�' alt 'irr i . #.11ilr' ..iFtl� •.; DATE. January 14, 1986 TO: Monroe County, Florida (Supplement No. 25) We are -in receipt of the following material which will he con- sidered for inclusion in the next Supplement to your. Code: Ordinance Nos. 028-1985 through 034A-1985, 036-1985, 037-1985 Please advise the date of adoption for Ordinance No. 028-1985. Thank you for your assistance and cooperation. db - 0 lWd-4_� IAI.J Robert L. Elie Vice President - Supplements Municipal Ccde Corporation