Item Q9
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
November 21, 2000
Division:
County Attorney
AGENDA ITEM WORDING:
A Resolution initiating the procedures of the Florida Governmental Conflict
Resolution Act regarding the City of Marathon's receipt of local option gas
tax revenue while continuing to refuse to accept the ownership of, and
maintenance responsibility for, county owned roads and bridges located
within the City.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
STAFF RECOMMENDATION:
Approval
TOTAL COST:
BUDGETED: Yes___ No___
APPROVED BY:
County AttorneY--1L
OM B/Purchasing
Risk Management
~
DIVISION DIRECTO
DOCUMENTATION: Included X To Ilow
Not required
AGENDA ITEM
I-Gg
Board of County Commissioners
RESOLUTION NO.
-2000
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA INmATING THE PROCEDURES OF THE FLORIDA
GOVERNMENTAL CONFLICT RESOLUTION ACT REGARDING THE CITY OF
MARATHON'S RECEIPT OF LOCAL OPTION GAS TAX REVENUE WHILE
CONTINUING TO REFUSE TO ACCEPT THE OWNERSHIP OF. AND
MAINTENANCE RESPONSIBILITY FOR. COUNTY OWNED ROADS AND BRIDGES
LOCATED WITHIN THE CITY
WHEREAS, the City of Marathon (City) was created effective November 30, 1999; and
WHEREAS, effective October 1, 2000 the City began receiving a share of the local
option gas tax pursuant to Sec. 9(8) of the City Charter; and
WHEREAS, THE City has refused to accept quit claim deeds tendered by the County for
County owned roads and bridges within the City and has refused to accept any maintenance
responsibility for those roads and bridges; and
WHEREAS, the City's actions, or nonactions, will result in the County being forced to
choose between two unacceptable alternatives, i.e., either to maintain Marathon's roads and
bridges with funds that should be spent on the roads and bridges in unincorporated areas, or to
allow Marathon's roads and bridges to deteriorate; and
WHEREAS; until the City accepts the maintenance responsibility for Marathon's roads
and bridges, it will be receiving local gas tax revenues, without having the ability to use those
funds for their primary legal purpose, i.e., roads and bridges; now, therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS ..OF MONROE
COUNTY, FLORIDA:
Section 1.
Pursuant to Sec. 164.1052, F.S., the Board of County Commissioners
hereby initiates the utilization of the conflict resolution procedures provided by the Florida
Governmental Conflict Resolution Act (Secs. 164.101 - 164.1061, FS).
Section 2.
The Board specifies the issues of conflict as follows:
The City has refused to accept the ownership of, and maintenance
a)
responsibility for, County owned roads and bridges located within the City.
b) Pursuant to Sec. 9(8) of the City Charter, the City receives a share of the
local option gas tax.
c) The local option gas tax is intended primarily for the maintenance of roads
and bridges and related costs, Sec. 336.025(7), FS. Thus, the City is reaping a revenue stream
even though the City has no apparent object for which the gas tax revenue may be spent.
d) Meanwhile, the County is faced with the dilemma of using County funds
raised and intended for use in the unincorporated areas for the maintenance of roads and
bridges within the City, a wholly municipal purpose, in probable violation of Art. 7, Sec. 9(a), Fla.
Cons't., or of allowing the roads and bridges to deteriorate into an unsafe condition, which is
both a moral and liability concern.
e) Therefore, the City must either accept the ownership of the County roads and
bridges within the City together with the maintenance responsibility or pay over to the County
the local option gas tax revenues received by the City in order that the County may properly
maintain the roads and bridges without a financial burden being improperly cast upon the
taxpayers of the unincorporated areas.
Section 3. The County Administrator is directed to send by certified mail, return
receipt requested, to Craig Wrathell, City Manager, PO Box 500430, Marathon, FL 33050, a
certified copy of this resolution together with suggested dates and times for the conflict
assessment meeting required by Sec. 164.1052(1), FS, and the other information required by
that statute.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the
day of November , 2000.
Commissioner
Commissioner
Commissioner
Commissioner George Neugent
Commissioner Nora Williams
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
jdresCOMconflict