Ordinance 016-1989
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Monroe County Commission
ORDINANCE NO. 016 -1989
AN ORDINANCE IMPOSING A SIX CENT OPTIONAL
MOTOR AND SPECIAL FUEL TAX, AS AUTHORIZED BY
F.S. 336.025, UPON SUCH FUEL SALES IN ALL OF
MONROE COUNTY, INCLUDING THE MUNICIPALITIES
THEREIN, FOR A PERIOD OF THIRTY YEARS UNLESS
EARLIER RESCINDED BY THE BOARD OF COUNTY
COMMISSIONERS; PROVIDING FOR A METHOD OF
COLLECTION OF THE TAX AND REMISSION OF THE
~~OCEEDS; PROVIDING THAT THE PROCEEDS MAY
tmLY BE SPENT FOR TRANSPORTATION EXPENDITURES
~D PROVIDING A DEFINITION THEREFOR; PROVID-
~G FOR THE PLEDGE OF THE TAX REVENUE FOR
BONDS WHOSE PROCEEDS ARE USED FOR TRANSPORTA-
TION CAPITAL PROJECTS; PROVIDING FOR THE
DISTRIBUTION OF THE TAX REVENUE AMONG THE
COUNTY AND THE CITIES OF KEY WEST, KEY COLONY
BEACH AND LAYTON; PROVIDING FOR A RECALCU-
LATION OF THE DISTRIBUTION PROPORTIONS IN
1999 AS LONG AS OUTSTANDING BONDS ARE NOT
ADVERSELY AFFECTED; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING
FOR INCORPORATION INTO THE MONROE COUNTY CODE
OF ORDINANCES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Monroe County presently imposes a 6-cent tax on
each gallon of motor and special fuel sold in Monroe County,
including the municipalities therein, which tax will expire on
September 1, 1989;
WHEREAS, there still is, and will be well into the next
century, a continual need for revenue to pay for on-going trans-
portation expenditures;
WHEREAS, F.S. 336.025, authorizes Monroe County to levy an
optional six cent tax on the sale of every gallon of motor and
special fuel sold in the County with the proceeds to be used for
transportation purposes for a period of 30 years;
WHEREAS, on May 23, 1989, the Board of County Commissioners
of Monroe County passed a resolution stating an intent to levy
the tax as required by statute; now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1.
Under the authority of F.S. 336.025, effec-
tive September 1, 1989, there is hereby imposed a 6-cent gas tax
upon every gallon of motor and special fuel sold in Monroe
County, including the municipalities therein, and taxed under the
provisions of part I or part II of Chapter 206.
Section 2. The tax shall be collected and remitted
according to the procedure of F.S. 336.025(2).
Section 3. The tax shall remain in effect until Septem-
ber 1, 2019, unless rescinded by the Board of County Commission-
ers. However, the tax may be rescinded before September 1, 2019,
only if the rescission shall in no circumstances materially or
adversely affect the rights of the holders of bonds backed by the
tax and outstanding on the date of rescission.
Section 4. The tax proceeds may only be used for trans-
portation expenditures. For the purposes of this ordinance,
transportation expenditures shall mean:
a) Public transportation operations and
maintenance;
b) Roadway and right-of-way maintenance and
equipment;
c) Roadway and right-of-way drainage;
d) Street lighting;
e) Traffic signs, traffic engineering,
signalization and pavement markings;
f) Bridge maintenance and operation;
g) Debt service and current expenditures for
transportation capital projects in the foregoing
program areas, including construction or reconstruction
of roads.
The revenues from the tax imposed by this ordinance may be
pledged to secure the payment of bonds. In the event such bonds
are to be issued, the County or the municipalities may use the
services of the Division of Bond Finance of General Services
pursuant to the State Bond Act to issue any bonds under the
provisions of this ordinance and F. S. 336.025. Bonds may be
issued only once per year. Monroe County and any of the munic-
ipalities listed in Section 5 may join together to issue bonds
under this ordinance.
Section 5. a) The proceeds of the tax shall be distributed
2
among Monroe County, the City of Key West, the City of Key
Colony Beach and the City of Layton based on the
transportation expenditures of each for the immediately
preceding five fiscal years, as a proportion of the total of
such expenditures for Monroe County and the three
municipalities, to-wit:
Monroe County 74.39%
City of Key West 24.06%
City of Key Colony Beach 1.41%
City of Layton .014%
b) The proportions set forth above shall be
recalculated in 1999, before July 1 of that year, according
to the method described in subsection (a). However, such
recalculation shall under no circumstances materially or
adversely affect the rights of holders of bonds outstanding
on July 1, 1999, which are backed by the tax authorized by
this ordinance, and the amounts distributed to Monroe County
and each municipality shall not be reduced below the amount
necessary for the payment of principal and interest and
reserves for principle and interest as required under the
covenants of any bond resolution outstanding on July 1,
1999.
Section 6. 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.
Section 7. All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
Section 8. The provisions of this Ordinance shall be
included and incorporated in the Code of Ordinances of the County
of Monroe, Florida, as an addition or amendment thereto, and
shall be appropriately renumbered to conform to the uniform
numbering system of the Code.
Section 9. This Ordinance shall take effect immediately
upon receipt of official notice from the Office of the Secretary
3
of State of the State of Florida that this Ordinance has been
filed with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the
27th
day of
June
, A.D., 1989.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By//?;;M~
Mayor a an
(SEAL)
Attest: DAlfflX ~ ;&OLlIAGE, Cler~
~~~~IP~
ADOPTED:
June 27, 1989
FILED WITH SECRETARY OF STATE:
EFFECTIVE DATE:
~"~O-t'
APfIROVED AS TO I'OIIIiI
ANDLEGALSUFR~E*CY.
BY~. _al
Attornev'. OHice
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mannp JL. 1Kolbagt
. BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARA THON. FLORIDA 33050
-TEL. (305) 743.9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST. FLORIDA 33040
TEL. (305) 294.4641
July 5, 1989
BRANCH OFFICE
P.O, BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. /3051 852.9253
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, Florida 32301
p -o~ 1-130 r- /;d
Dear Mrs. Cloud:
porO~ 1~. /3 G '-d()/
(~"-/U~)
Enclosed please find a certified copy of Ordinance
No. 016-1989 imposing a six cent optional motor and special
fuel tax, as authorized by F.S. 336.025, upon such fuel
sales in all of Monroe County, including the municipalities
therein, for a period of thirty years unless earlier
rescinded by the Board of County Commissioners; etc.
This Ordinance was adopted by the Monroe County
Board of County Commissioners at a Regular Meeting in formal
session on June 27, 1989. Please file for record.
Very truly yours,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board 0 ounty ommissioners
cc: Municipal Code Corp.
Clerk of City of Key West
Clerk of City of Key Colony Beach
Clerk of City of Layton
Mayor Michael Puto
Commissioner Wilhelmina Harvey
Commissioner Douglas Jones
Commissioner Eugene Lytton
Commissioner John Stormont
County Attorney Randy Ludacer
County Administrator Tom Brown
Asst. Co. Admin. Dent Pierce
Finance Director Taryn Medina
t::'.;le
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FLORIDA DEPARTMENT OF STATE
Jim Smith
Secrelary of Slate
DIVISION OF ELECTIONS
Room 1802. The Capitol
T allahclssee. Florida 32399-0250
(904) 488-8427
July 12, 1989
Honorable Danny L. Ko1hage
Clerk of Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, Florida" 33040
Attention: Rosalie L. Connolly, Deputy Clerk
Dear Mr. Ko1hage:
Purs~ant to the provisions of Section 125.66, Florida Statutes,
this will acknowledge:
1. Receipt of letter/s of July 5. 1989
and certified copy/ies of Monroe
County Ordinance(s) Number 89-16
2. Receipt of
relative to:
County Ordinance(s)
(a)
which we have numbered
(b)
which we have numbered
3. We have filed this/these ordinances in this office
on July 11, 1989. (3:31 pm)
4. The original/duplicate copy/ies showing the filing date
is/are being returned for your records.
r.e1y, ~
Liz Clo d ~
Bureau of Administrative Code
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