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,-
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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