Ordinance 013-1989
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Monroe County Commission
ORDINANCE NO. 013-1989
AN ORDINANCE DECLARING THAT AN EMERGENCY
EXISTS AND WAIVING NOTICE BY A FOUR-FIFTH' S
VOTE; LEVYING IN ALL OF MONROE COUNTY A ONE
CENT SALES TAX SURTAX; PROVIDING FOR A
FORMULA FOR THE DISTRIBUTION OF REVENUES SO
COLLECTED BETWEEN THE COUNTY AND THE VARIOUS
MUNICIPALITIES WITHIN THE COUNTY; PROVIDING
THAT THE SURTAX SHALL BE COLLECTED FOR A
PERIOD OF FIFTEEN (15) YEARS COMMENCING ON
~QVEMBER 1, 1989; PROVIDING THE EXPENDITURE
: (JF THE REVENUES COLLECTED ON CERTAIN CAPITAL
PROJECTS WITH A LIFE EXPECTANCY IN EXCESS OF
,}tiVE YEARS; PROVIDING THAT THE REVENUES
./:'ijISED BY THIS ORDINANCE SHALL NOT BE USED TO
c' ~DUCE AD VALOREM TAXATION OR USER FEES
mCLUDING IMPACT FEES IN EXISTENCE ON OCTO-
BER 31, 1989; PROVIDING FOR THE PLEDGING OF
REVENUES SO RAISED FOR BONDED INDEBTEDNESS;
PROVIDING FOR INCORPORATION INTO THE MONROE
COUNTY CODE OF ORDINANCES; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES OR PARTS OF ORDI-
NANCES INCONSISTENT HEREWITH; AND PROVIDING
FOR AN EFFECTIVE DATE AND REFERENDUM APPROVAL
BEFORE THE SALES TAX SURTAX MAY BE COLLECT-
ED.
WHEREAS, it is desired to hold a referendum on whether to
impose a 1% sales surtax in all of Monroe County, Florida; and
WHEREAS, it is desired to bring the sales surtax for a vote
of the electors on August 8, 1989; and
WHEREAS, in order to do so, it is necessary for the Board of
County Commissioners to initially pass an ordinance authorizing
such a tax subject to the electorate's approval; and
WHEREAS, given the amount of time needed by the Office of
the Supervisor of Elections to prepare the ballots for the
election, time is of the essence in having the Board of County
Commissioners approve the ordinance; now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1.
An emergency is hereby declared and notice
waived by a four-fifth's vote.
Section 2.
There is hereby levied in the unincorporated
and incorporated areas of Monroe County, Florida, a sales surtax
of 1% on those transactions taxable under F.S. 212.054.
Section 3. The funds collected pursuant to this ordi-
nance shall be distributed among the various municipalities and
the county according to the formula set forth in F.S. 218.62.
Section 4. The surtax authorized by this ordinance shall
be collected commencing on November 1, 1989, and continuing
through September 30, 2004.
Section 5. The funds so collected, and interest accrued
thereto, shall be expended within the unincorporated areas of
Monroe County and the various municipalities for the following
capital infrastructure projects all of which have a life
expectancy in excess of fifteen years such as: recreational
facilities, courthouses, parking, offices, roads, bridges,
airport improvements, libraries, piers, auditoriums, riprap/
seawalls, storm sewers, solid waste facilities, jails and
police/fire facilities.
Nothing contained in this section, however, shall be con-
strued to prohibit the hiring of out-of-county or out-of-city
contractors or subcontractors or construed to prohibit the
purchasing of any necessary material outside of the county or the
various municipalities.
Section 6. No funds collected pursuant to this ordi-
nance, or any interest accrued thereto, shall be used to replace
any user fees, including impact fees, or to reduce ad valorem
taxes, any of which were in existence on October 31, 1989.
Section 7. The county and the various municipalities may
pledge the funds raised pursuant to this ordinance for the
purpose of servicing new bond indebtedness incurred pursuant to
general law. All bond proceeds, less administrative fees and
expenses, may only be utilized for the purposes set forth in
Section 5 of this ordinance. Bonds shall not be issued more
frequently than once per year. The county and any, or all, of
the various municipalities may join together for the issuance of
such bonds.
Section 8. If any section, subsection, sentence, clause
or provision of this ordinance is held invalid, the remainder of
this ordinance shall not be affected by such invalidity.
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Section 9. If approved by the electorate under Section
11, then all ordinances or parts of ordinances in conflict with
this ordinance are hereby repealed to the extent of such con-
flict.
Section 10. The provisions of this ordinance shall be
included and incorporated in the Code of Ordinances of the County
of Monroe, Florida, if the ordinance is approved by the
electorate under Section 11.
Section 11. This ordinance shall take effect on Novem-
ber 1, 1989, contingent upon the approval of a majority of the
electors voting in a city and county-wide referendum on whether
to impose the surtax. Such referendum shall be held on August 8,
1989, and the referendum question posed on the ballot shall be in
substantially the following form:
Additional One Cent Sales Tax Within All of Monroe
County.
Should there be levied, for fifteen years within the
unincorporated areas of Monroe County, Florida, and the
cities of Layton, Key Colony Beach and Key West, an
additional one cent sales tax which shall be used for
funding capital infrastructure projects such as:
recreational facilities, courthouses, parking, offices,
roads, bridges, airport improvements, libraries, piers,
auditoriums, riprap/seawal1s, storm sewers, solid waste
facilities, jails and police/fire facilities?
For the one cent sales tax
Against the one cent sales tax
If this ordinance is approved by the voters in the referen-
dum required by this section, the Florida Department of Revenue
shall be notified within ten days of August 8, 1989.
Section 12. A copy of this ordinance shall be sent by
special delivery registered mail to the Office of the Secretary
of State, State of Florida, but such posting shall not alter the
referendum requirement of Section 11.
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PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board, held
on the tl.1r-d day of May, A. D., 1989.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
/III~R/J
Mayor/Chairman
(SEAL)
Attest: DANNY r.. ~QLHAGE, ~lerk
#J~~.u
er "
S~,t3" 81
ADOPTED:
EFFECTIVE DATE:
APt'ROVED A$ TO 10IIM
AND LEG,1i. SUFFICIENCY.
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1Dannp 1... ~olbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (3051743.9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (3051 852.9253
June 9, 1989
REGISTERED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws !2--3oJ-
Department of State - 11D ~ /oj ~ 9
The Capi tol eX- ~
Tallahassee, Florida 32301
Dear Mrs. Cloud:
Enclosed please find a certified copy of Emergency
Ordinance No. 013-1989 regarding placement on a referendum
to be held on August 8, 1989 of a proposed additional one
cent sales tax within all of Monroe County, etc.
This Emergency Ordinance was adopted by the Monroe
County Board of County Commissioners at a Regular Meeting in
formal session on May 23, 1989.
Please file for record.
Very truly yours,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: . ~
Rosalie L. nnolly
Deputy Clerk
cc: Mayor Michael Puto
Commissioner Wilhelmina Harvey
Commissioner Douglas Jones
Commissioner Eugene Lytton
Commissioner John Stormont
Supervisor of Elections H. Sawyer
County Attorney Rpndy Ludacer
County Administrator Tom Brown
Finance Director T. Medina
File
,.;
.SENoe..: Complete tt.m. 1 lIftd 2 when eddltlonal servlc.. ar. desired, aaJIfJ complete Items 3
and 4. " , _',' :'\. .
Put your addr_ In the '"RETURN TO'" SplICe on the rever.. .'de. Failure tb dO this will pre<tent this
card from, being returned to you. Th, r~n f-a/Df fM ~"I fJroy"de vou the n~e of tha D.son
dellvereet t, an1. the dat~ of c;l.IIvr,r~ or a dlt 9na' ... the 0 lowing ..rvlces are available. Consult
POItml.ter or ... Ind c lICk box .. for add'~lonll ..rvlce<.) requested.
1. 0 Stlow to whom delivered, dlte, and addr_'s Iddr_. 2. 0 Restrlcteet Delivery
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8. Addressee's Address (ONLY if
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PS Form 3811, Mar. 1987
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DOMESTIC RETURN RECEIPT
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FLORIDA DEPARTMENT OF STATE
Jim Smith
Secretary of Stale
DIVISION OF ELECTIONS
Room 1802, The Capitol
TalJahassee. Florida 32399-0250
(904) 488-8427
'June 12,1989
Honorable Danny L. Ko1hage
Clerk of the Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attention: Rosalie L. Connolly, Deputy Clerk
this
Dear Mr. Kolhage:
Pursuant to the prov~s~ons of Section 125.66, Florida Statutes,
will acknowledge:
1. Receipt of letter/s of June 9, 1989 (mailed June 9, 1989)
and certified copy/ies of Monroe
County Ordinance(s) Nllmhers 89-12, & 89-13 Emer~encY
Ordinances (re: Referendum Aug. 8, 1989)
2. Receipt of
relative to:
County Ordinance(s)
(a)
which we have numbered
(b)
which we have numbered
3. We have filed teas/these ordinances in this office
on June 12, 1989. (3:12 pm)
4. The original/duplicate copy/ies showing the filing date
is/are being returned for your records.
Sine r~ly. ~
Liz Clou , Chief
Bureau of Administrative Code
LCI mb
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON. FLORIDA 33050
TEL. (305) 743.9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL, (305) 294-4641
BRANCH OFFICE
P,O, BOX 379
PLANTATION KEY. FLORIDA 33070
TEL. (305) 852-9253
M E M 0 RAN DUM
'1'0:
Those Listed Below
From:
Rosalie L. Connolly, Deputy Clerk
Date:
September 6, 1989
subject:
Ordinance No. 013-1989
Attached hereto is a copy of a self-explanatory letter from
Michael J. Gomez, Chief of the Bureau of Finance and Accounting
of the State of Florida Department of Revenue acknowledging
that County Ordinance No. 013-1989 levying a one percent Local
Government Infrastructure Surtax will take effect November 1,
1989. You will note that Mr. Gomez also advises that the County
should receive their first transfer of tax proceeds during
January of 1990.
~
Rosalie L.
Deputy Clerk
Attachment
Copies To: Mayor Michael Puto
Commissioner Wilhelmina Harvey
Commissioner Douglas Jones
Commissioner Eugene Lytton
Commissioner John Stormont
County Attorney Randy Ludacer
County Administrator Tom Brown
Ordinance Book
File
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O�LL'i'Y1EST,��
• o. STATE OF FLORIIDA
4t� :rizj '`trEPARTME T OF '_ NI.
;' r a' cv TALLAHASSEE, FLORIDA 32399-0100
Y,�GFi`ar ....
KATIE D. TUCKER
EXECUTIVE DIRECTOR September 1, 1989
Mr. Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
RE: Monroe County Ordinance No. 013-1989
•
Dear Mr. Kolhage:
Thank you for notifying the Florida Department of Revenue of the approval
of Monroe County Ordinance No. 013-1989 which levies a one percent Local
Government Infrastructure Surtax in Monroe County effective November 1,
1989.
The Department of Revenue will be notifying the appropriate taxpayers in
your county and mailing them new tax returns. I expect this notification
process to take place during the month of October 1989. Monroe County
should receive their first transfer of tax proceeds during January 1990.
If .I can provide you with additional information, please don' t hesitate to
call on me.
•
•
Sincerely.
Michael J. Gomez1,1Chief
Bureau of Finance and Accounting
(904)488-4552
•
•
MJG/sr
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
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