Ordinance 026-1989
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ORDINANCE NO.
026 - 1989
AN,-- ORDINANCE DECLARING THAT AN EMERGENCY
~STS AND WAIVING NOTICE BY A FOUR-FIFTH' S
V~E; AMENDING SECTION 5 (a) OF ORDINANCE NO
01~-1989 IN ORDER TO INCREASE THE PROPORTION
dFoTHE OPTIONAL GAS TAX REVENUES TO BE PAID
~THE CITY OF KEY WEST FROM 24.06% TO 35%,
;3INBREASING THE AMOUNT PAID TO THE CITY OF KEY
C~NY BEACH FROM 1.41% TO 2%, INCREASING THE
AMOUNT PAID TO THE CITY OF LAYTON FROM 014%
to 1 %, AND DECREASING THE AMOUNT PAID TO
MONROE COUNTY FROM .74.39% TO 62%; PROVIDING
FOR RECALCULATION OF THE TAX IN 1990 AND
PROVIDING THE METHOD THEREFOR; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ALL
ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR INCORPORATION INTO THE MONROE COUNTY CODE
OF ORDINANCES; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the distribution formula in Ordinance No. 016-1989
was calculated in accord with Sec. 336.025(4) (a), Fla. State.
(1987) based upon the financial data available in May 1989;
\VHEREAS, since the passage of Ordinance 016-1989 additional
financial information has come to light indicating that the
original formula was in error and that the proportion of the tax
proceeds received by the municipalities should be increased;
WHEREAS, in the interests of equity and fairness to the
taxpayers in the City of Key West, the other municipalities and
unincorporated Monroe County, it is desired to revisit the gas
tax distribution formula in 1990 for adjustment and recalculation
if necessary; and
w~EREAS, time is of the essence in amending the distribution
formula in Ordinance No. 016-1989 in order to timely inform the
Florida Department of Revenue; 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.
Sec. 5 of Ordinance 016-1989 is hereby
amended to read as follows:
Section 5. a) The proceeds of the tax shall
be distributed among Monroe County, the City
of Key West, the City of Key Colony Beach and
the City of Layton based on the transporta-
tion 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 62%
City of Key West 35%
City of Key Colony Beach 2%
City of Layton 1%
b) The proportions set forth above shall be
recalculated in 1990 according to the method
set forth in Sec. 336.025(a) (1), Fla. Stat.
Provided, however, that if no interlocal
agreements are entered into with the various
municipalities by June 1, 1990, the Monroe
County Board of County Commissioners shall
recalculate the proportions according to the
method set forth in Sec. 336.025(4)(a), Fla.
Stat., by July 1, 1990.
c) No recalculation made under Subsection 5
(b) of this ordinance shall under any circum-
stances adversely affect the rights of holder
of bonds outstanding on July 1, 1990, 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 re-
serves for principal interest as required
under the covenants of any bond resolution
outstanding on July 1, 1990.
2
Section 3.
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 4.
All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
Section 5.
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 6.
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 of the State of Florida.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 9th day of August, A.D., 1989.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
////~
MaYO~n
(SEAL)
At tes t : DAl1NX 1- KOLHAGE, ~lerk
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EFFECTIVE DATE:
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~"11- ~'1
ADOPTED:
APPROVED AS ro FORM
,:;'.c,'/. U-'~L SUfr9CIENCr.
BY &~Acrz7i"r~
Attorney'. OHi4:e
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1lBannp 1.. kolbage
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. (30f'il 294-4q4j
August 9, 1989
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (3051 852-9253
REGISTERED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
Department of State
The Capi tol (Z3.f!J!- 7/0 -:2 </J
Tallahassee, Florida 32301
Dear Mrs. Cloud:
Enclosed please find a certified copy of Emergency
Ordinance No. 026-1989 amending Section Sea) of Ordinance
No. 016-1989 in order to increase the proportion of the
optional gas tax revenues to be paid to the City of Key
West, the City of Key Colony Beach and the City of Layton,
anq decreasing the amount paid to Monroe County.
This Emergency Ordinance was adopted by the Monroe
County Board of County Commissioners at a Regular Meeting in
formal session on August 9, 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. C
Deputy Clerk
cc:
M . . 1 d . fJ /"li)l1-/5" dfL. .
un1c1pa Co e Corporat1on ~ Comm1ss1oner Eugene Lytton
City of Key West Commissioner John Stormont
City of Key Colony Beach County Attorney R. Ludacer
City of Layton County Administrator T. Brown
Mayor Michael Putd Asst. Co. Admin. D. pierce
Commissioner Wilhelmina Harvey Roads & Bridges Dir. J. Connollj
Commissioner Douglas Jones File
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FLORIDA DEPARTMENT OF STATE
Jim Smith
Secretary of State
DIVISION OF ELECTIONS
Room 1802, The Capitol
Tallahassee, Florida 32399-0250
(904) 488-8427
August 16, 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
Dear Mr. Ko1hage:
Pursuant to the provisions of Section 125.66( Florida Statutes,
this will acknowledge: (Reglstered R 308 710 241)
1. Receipt of letter/s of Alll?:ll<;t q, 1 Q89 (mailed 8/14/89)
and certified copy/ies of Monroe EMERGENCY
County Ordinance(s) Number 89-26
(amending Ord. 89-161
2. Receipt of County Ordinance(s)
relative to:
( a )
which we have. numbered
(b)
which we have numbered
3. We have filed this/t~~ ordinances in this office
on August 16, 1989. (2:38 pm)
4. The original/duplicate copy/ies showing the filing date
is/are being returned for your records.
Sincerely,
IN ~
Li z ~d, Chie f UtV\..
Bureau of Administrative Code
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