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Item R1BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 17 August 2011 Division: Administration Bulk Item: Yes _ No X Department: Engineering & Project Management Staff Contact Person/Phone #: Wilson 453-8797 AGENDA ITEM WORDING: Approval to advertise a public hearing to be held in Marathon following the regular BOCC meeting on 21 September 2011for the adoption of an ordinance extending the infrastructure sales tax beyond its current 31 December 2018 expiration, scheduling a referendum as required by statute, and establishing the uses for the revenue stream created. ITEM BACKGROUND: Extension of the sales tax is a key component of the funding program for the completion of the Wastewater and Stormwater Master Plans. The first step in extending the sales tax is adoption of an ordinance authorizing a referendum and the parameters of that referendum. The revenue stream produced by the extension of the sales tax is distributed according to a statutory formula among the County and municipalities. The proposed ordinance extends the expiration date to December 31, 2043; authorizes a referendum during the Presidential Preference Primary; and, limits authorized uses for the funds collected to wastewater, stormwater, and water re -use projects until they are complete or fully funded. PREVIOUS RELEVANT BOCC ACTION: The BOCC adopted ordinance 013-1989 levying the infrastructure sales tax and the electorate approved the referendum. In January 2000, the BOCC adopted ordinance 01-2000 and in March 2000 the electorate approved the implementing referendum extending the tax until December 31, 2018. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: Advertisement INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ N X AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required: DISPOSITION: AGENDA ITEM # Revised 7/09 Draft Ordinance ORDINANCE NO. -2011 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, EXTENDING THE ONE CENT INFRASTRUCTURE SALES TAX, OTHERWISE DUE TO EXPIRE IN 2018, THROUGH DECEMBER 31, 2043; PROVIDING LIMITS ON THE USE OF THE FUNDS AFTER 2018 UNLESS WASTEWATER AND STORMWATER PROJECTS ARE IN PROGRESS AND FULLY FUNDED; PROVIDING THAT SUCH EXTENSION IS ONLY EFFECTIVE IF APPROVED BY THE COUNTY ELECTORATE VOTING IN THE JANUARY 31, 2012 PRIMARY (OR THE DATE SET BY THE PRESIDENTIAL PREFERENCE PRIMARY DATE SELECTION COMMITTEE); PROVIDING FOR NOTIFICATION OF THE FLORIDA DEPARTMENT OF REVENUE IF THE TAX IS APPROVED BY THE ELECTORATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Monroe County adopted ordinance no. 13-1989 levying a one -cent infrastructure sales tax, subject to a referendum vote of the electorate, to generate revenue for much needed infrastructure, including a new jail which the county was under federal court order to build; and WHEREAS, section 212.055(2), Florida statutes was modified, among other things, to change the number of years of life of a capital asset for which the infrastructure surtax could be expended; and WHEREAS, the Board of County Commissioners of Monroe County adopted ordinance no. 01-2000 to extend the infrastructure surtax from its original expiration date of September 30, 2004, to December 31, 2018, and to modify the permissible uses to include wastewater infrastructure, subject to a referendum vote of the electorate ; and WHEREAS, the electorate voted in 1989 for the initial levy of the infrastructure surtax and in 2000 for its extension; and WHEREAS, the county and municipalities continue to have infrastructure needs which cannot be met through the infrastructure surtax expected to be collected through 2018; and WHEREAS, changes in the economy and state legislation have resulted in both legal and policy reasons to limit the levy of ad valorem tax which could be used for infrastructure as well as operations of the local governments; and WHEREAS, meeting wastewater, storm water, and re -use or reclaimed water needs are still paramount issues throughout the Florida Keys which rely on a dwindling supply and greater demand of potable water, and experiences serious near shore water quality problems due to storm water run-off; and WHEREAS, obsolescence and age will periodically require changes and improvements to existing infrastructure throughout the Florida Keys; BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Section 23-144, Monroe County Code is hereby amended to read as follows: Sec. 23-144. — Duration of surtax The surtax authorized by this article shall be collected commencing on January 1, 2004 and continuing through December 31, 2043. Section 2. Section 23-144 Monroe County Code is hereby amended to read as follows: Sec. 23-144. — Duration of surtax The surtax authorized by this article shall be collected commencing on January 1, 2004 and continuing through December 31, 2418 2043. Section 3. Section 23-145 Monroe County Code is hereby amended to read as follows: Sec. 23-145. - Expenditure of funds. (a) The funds so collected, and interest accrued thereto, shall be expended within the unincorporated areas of the county and the various municipalities for the following capital infrastructure projects all of which have a life expectancy in excess of five years: wastewater, water re -use, recreation and conservation lands, marinas, courthouses, parking, offices, roads, bridges, airports, libraries, piers, auditoriums, riprap/seawalls, solid waste, jails, police/fire facilities, land acquisition, and storm water through December 31, 2018. Effective January 1 2019 the funds so collected and interest accrued thereto shall be used only for wastewater, water re -use and storm water projects until such time as the governing body of the county or municipality determines that the necessary infrastructure projects are inDrogress and fully funded, after which use of remaining funds collected pursuant to this article shall be available in that jurisdiction for all pu_pr oses allowed under this ordinance at any time. (b) Nothing contained in this section, however, shall be construed 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. (c) In addition to the capital infrastructure projects described in subsection (a) the funds so collected, and interest accrued thereto, may also be expended on any public purpose, including maintenance of recreation and conservation lands, but only if (1) The debt service obligation for the year is met; and (2) The county's comprehensive plan has been determined to be in compliance with Part II of F.S. ch. 163 ; and (3) All infrastructure projects described in subsection (a) above have been completed or, if not completed, are under construction and are fully funded as determined by a two thirds (2/3) majority vote of the governing body of the county or particular municipality. Section 4. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State as provided in Section 125.66(2), Florida Statutes, provided that the following referendum is approved by a majority of the electors of the County voting in the countywide presidential preference primary currently scheduled for January 31, 2012 or whichever date is set for that election by the Presidential Preference Primary Date Selection Committee (to be decided no later than October 1, 2011. - s. 47, ch. 2011- 40, Laws of Florida (LOF), amending section 103.101, F.S.): REFERENDUM ON EXTENDING THE ONE CENT INFRASTRUCTURE SALES TAX THROUGH 2O43. Shall the one cent infrastructure sales tax be extended through 2043 (it otherwise expires in 2018) with the proceeds used for the following projects: wastewater, water reuse, and stormwater and, if those infrastructure projects are completed, other capital infrastructure projects with useful lives of five years or more? For the one cent sales tax Against the one cent sales tax Section 5. NOTICE TO DOR. If the referendum is approved at the primary election on the date as set by the Presidential Preference Primary Date Selection Committee, then the County Clerk must notify the Florida Department of Revenue within 10 days of the referendum dates as provided in Sec 212.054(7)(a), Florida Statutes, but no later than Section 6. SEVERABILITY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as whole, or any part thereof, other than the part declared to be invalid. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. Section 7. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 8. INCLUSION IN THE CODE OF ORDINANCES. 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. 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 , 2011. Mayor Heather Carruthers Commissioner Kim Wigington Commissioner George Neugent Commissioner David Rice Commissioner Sylvia Murphy (SEAL) Attest: DANNY L. KOLHAGE, Clerk LIM Deputy Clerk Lo BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor / Chairperson F, e '' � WI'D AST, STAFF RECOMMENDATION MONROE COUNTY ENGINEERING & PROJECT MANAGEMENT DEPARTMENT M E M O R A N D U M DATE: 2 August 2011 TO: Commissioners, Administrator FROM: Kevin Wilson SUBJECT: Advertise a Public Hearing for Extension of the Infrastructure Sales Tax Action: Approve advertisement of a public hearing on an ordinance authorizing a public referendum on extension of the infrastructure sales tax beyond December 31, 2018. Basis for the Recommended Action: 1. The first step in extending the infrastructure sales tax is a public hearing setting the parameters of the ordinance and referendum. This hearing must be advertised as provided by statute. 2. Revenues from the infrastructure sales tax are essential to completion of the Wastewater Master Plan of which the largest incomplete part is the Cudjoe regional system. 3. To meet the Supervisor of Elections timeline for a January referendum, an ordinance adopting the referendum wording and allowable uses of the funds must be held by mid - October. 4. In order to afford the public maximum opportunity for participation, the hearing should be held in Marathon. Additional Important Facts: 1. The ordinance and included referendum wording can be modified by the BOCC prior to publication of the advertisement (i.e. at the August BOCC meeting at which the advertisement approved). 2. The County Attorney has advised that the main parameters, as advertised, can be tightened but not loosened at the public hearing in September (e.g. the term may be reduced from 25 years to 15 years but not increased —OR- the restrictions on use may be made more stringent but not less so). 3. In light of the above, the draft presented for your consideration at the August meeting includes 25 year extension (through 2043). You may choose to change it for the advertisement recognizing that it may not be increased once advertised much as we set initial millage rates during the early phases of budget review. Back -round: The infrastructure sales tax extension is a key element of the funding for the Cudjoe regional wastewater treatment system. There are also unmet but anticipated needs for stormwater management systems in the County. Water re -use may be a viable option in some areas that have heretofore not been explored for lack of funding. In any event, the option to consider water re -use in appropriate places should be included in this funding vehicle. The infrastructure sales tax will be collected Countywide and is distributed according to a statutory formula. That formula and the expended distribution was included in an earlier summary you were sent. A copy of the memo is included in the agenda item summary for this meeting. The need for funds to complete wastewater, stormwater, and water re -use projects in the municipalities varies widely. A provision has been included in the draft ordinance for the respective governing bodies to certify that they have completed or fully funded their respective wastewater, stormwater, and water re -use projects and can re -program the revenues from this tax revenue stream to other projects with useful lives of 5 years or more as provided in the statutes. Timeline for January 2012 Referendum on Extension of the Infrastructure Sales Tax Reverse Timeline for Infrastructure Sales Tax Extension ::31 JAN 1 - - Date of election on which the referendum will be decided (this may change due to Presidential Preference Primary Date Selection Committee. The committee must set the date no later than October 1, 2011. As provided in s. 47, ch. 2011- 40, Laws of Florida (LOF), amending section 103.101, F.S.) (the date must be between 3 January 2011 and 6 March 2011). 10 JAN 12 - - 3 weeks before voting day — 2"d Advertisement of the presence of the referendum on the ballot (earliest date is 13 December 2011) 27 DEC 11- - 5 weeks before voting day —1st Advertisement of the presence of the referendum on the ballot Earliest date is 29 November 2011) 15 NOV 11- - Final version of wording for the ballot in English & Spanish due to Elections office 21 SEP 11(MAR) - - Marathon BOCC meeting to hold public hearing on ordinance establishing the referendum. It's actually 4+ months before the election (satisfies the 3 month advance required by supervisor of elections even if the election date is moved to the earliest date — 03 January 2012 - authorized by the statute ) 17 AUG 11(KL) - - BOCC meeting at which BOCC approves Advertisement of Public Meeting for approval of ordinance 02 AUG 11- - Agenda deadline for the 17 AUG BOCC meeting (must have agenda item for advertising public hearing on the agenda). This is also the agenda deadline if the BOCC opts for 3 public hearings prior to adoption of the ordinance in OCT 2011 since the public hearings could be at BOCC meetings in AUG(KL), SEP(MAR), and OCT(KW) with final adoption at OCT11 meeting in Key West (still more than 3 months before the election and still before the final wording is due to Elections office on 15NOV11.) June 2011 Background Paper M E M O R A N D U M DATE: 07 June 2011 TO: Commissioners, Aides, Administrator (Gastesi, Frederick) CC: OMB (Boan), County Attorney (Hutton) FROM: Kevin Wilson, Sr. Director, Engineering & Project Management Dept SUBJECT: Background for Infrastructure Sales Tax Action Requested: -See attached background information on infrastructure sales taxes. -Please advise what additional information you would like to have in order to answer questions on the above subject. This is the first summary of background information on the infrastructure sales tax. This is provided to ensure you have the most accurate information we can gather. History of the Infrastructure Sales Tax The one -cent local government infrastructure sales surtax was placed on the ballot in August 1989 and approved by Monroe County voters (authorized by Monroe County ordinance 013- 1989, dated 23 MAY 1989), allowing for the tax to be levied until Sept.30, 2004. The vote tally was YES-5,118 (76%) and NO-1,608(24%). In March 2000, County voters approved an extension of the levy through Dec. 31, 2018 (Ordinance #001-2000, dated 19 January 2000). The vote tally was YES-4,537 (55%) and NO-3,719 (45%). Precinct results are found at Attachment # IV. On 27 March 1990, the BOCC approved Resolution 206-1990 for the use of the proceeds from the tax to issue bonds to fund acquisition and construction of "additional criminal justice facilities" (jail). On 14 January 1998 the BOCC supplemented the approval from Resolution 206-1990 with a refund and reissuance of some of the bonds authorized under the former resolution. The 1989 enabling ordinance sr)ecified the referendum wording as: 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/seawalls, storm sewers, solid waste facilities, jails, and police/fire facilities. For the one cent sales tax Against the one cent sales tax The 2000 referendum wording was: Shall the one cent infrastructure sales tax be extended through 2018 (it otherwise expires in 2004) with the proceeds to be used for the following projects: wastewater facilities, recreation and conservation lands, marinas, courthouses, parking, offices, roads, bridges, airports, libraries, piers, auditoriums, riprap/seawalls, solid waste, jails, police/fire facilities, land acquisition, storm water, and maintenance of conservation and recreational lands, and any public purpose authorized by law? For the one cent sales tax Against the one cent sales tax Where does the sales tax come from? (What % comes from non-residents?) Thanks to Jessica Bennett of the TDC and Virginia Panico of the Key West Chamber of Commerce for their help gathering the background information on which the following is based. Between 45-55% of the sales tax collected in the County is said by out of Countv visitors directly. This is supported by the NOAA study of economic benefits of tourism in Monroe County dated June 2010 and Department of Revenue (DOR) data for CY2000-CY2010 which shows that, on average over the period 2000-2010, "tourism and recreation" spending represents 47-56% of the total taxable sales in Monroe County. Both of these sources have some complexities. The NOAA study says that the direct contribution by recreating visitors is approximately 37% of the total "output" (total sales rather than taxable sales) and the "ripple effect" of tax collections from spending by local residents & businesses as a direct result of spending by visitors brings the visitor related percentage to nearly 60%. Visitors' spending in the County contributes primarily to taxable sales rather than total sales (output) so these percentages are low estimates of the visitor contribution to sales tax collections. The DOR data includes in the "tourism & recreation" category some purchases by local residents (e.g. food & drink at restaurants includes some locals' purchases). It also misses some purchases by visitors since purchases at some businesses (e.g. taxable purchases at grocery stores) are not counted as "tourism & recreation". These differences likely offset. Attachment I summarizes the two studies estimates of visitor contributions to the local sales tax collections. Attachment 11 is an extract of the economic contribution section of the NOAA report showing the estimated contribution to the local economy is 37-60% of the total (not just taxable) local economy. Attachment III is an extracted copy of the DOR data as downloaded from the Key West Chamber of Commerce website (it was already formatted in a way that makes it more readable than available directly from the DOR website) showing the visitors' contribution to the local sales tax collections is 47-56%. Table 111-3 shows taxable sales due to "tourism & recreation" as 56.4% of retail taxable sales (Table III-2) and 47.0% of total taxable sales (Table III-3). How is the infrastructure sales tax distributed within the County? The infrastructure sales tax is distributed according to a formula in s.218.62, F.S. unless there is an inter -local agreement (ILA) specifying otherwise. There is no such ILA in place in Monroe County. The distribution specified by the statute breaks down as shown in the following table which compares what it was using the CY 2000 census data and the more recent CY2010 census data. The percentage splits are not much different. The annual amounts shown are by ratio using the unincorporated County share of $13.7 million most recently provided by OMB. Table 1 - Distribution of 1 cent optional infrastructure sales tax What is the election turnout at various County -wide elections? The following is a summary of voter turnout in the elections since CY2000. The information was provided Joyce Griffin of the Monroe County Elections Office. Table 2 — Voter Turnout at Countvwide Election 2000-2010 Overall Turnout (%) Election Year Presidential Preference Primary County Primary General JAN or MAR AUG NOV 2000 March 18.07 1st 21.68% - 2nd 17.82% 70.43% 2002 x 27.49 % 25.13 % 2004 Mar. 24.89% 36.43% 77.04% 2006 X 24.16 % 88.68 % 2008 Jan. 41.12% (School tax Ref.) 27.22% 80.60% 2010 X 26.56% 51.77% Sample Ballots: http://www.electionsfl.org/monroe/index.php?id=120 Attachment I - Summary of Sales Tax Source Info 1. Source # 1 — "Economic Contribution of Recreating Visitors to the Florida Keys / Key West 2007-08" (published in June 2010) NOAA report, "Linking the Economy and the Environment of Florida — Economic Contribution of Recreating Visitors to the Florida Keys / Key West 2007-08" dated June 2010 on pages 6-7 (extracted copy at Attachment 2): million Total Output / Sales for Monroe County' $3,733 Total spending by visitors to Monroe County $1,995 (53.4%)2 Direct spending by visitors to Monroe County3 $1,396 (37.45)4 Total spending in Monroe County due to visitorss $2,234 (59.8%)6 Notes: 1 Source Florida Department of revenue as reported in the subject NOAA report (note: this study used total sales not just taxable sales as the basis) 2,4,6 Percentage of the Total Output / Sales for Monroe County 3 Estimated at about 30% for expenditures for inputs from outside of Monroe County by subject report sEstimated by subject report after the ripple effect of increased spending by residents / businesses as a result of the spending by visitors. Study supported by NOAA, The Nature Conservancy, and Monroe County Tourist Development Council (TDC). The Economic Contribution report is the last 26 oases of the full NOAA report available on the TDC website at: htto://fl-monroecount .civic lus com/DocumentView aspx?DID=756 (note: this opens very slowly because it's a 299 page report) 2. Source # 2 Florida Dept. of Revenue (DOR) Statistics 2004-21 from the DOR & Key West Chamber of Commerce websites Florida Department of Revenue data from Key West Chamber of Commerce website (an extract of the important page is at Attachment 3): Avg. Annual County -wide Tourism & Recreation Taxable Sales' $1,142,030,975 Avg. Annual County -wide Retail Taxable Sales" $2,026,485,225 (56.4%)9 Avg. Annual County -wide Total Taxable Sales10 $2,431,904,745(47.0%)" Notes: ',",lo Average of 2004-2010; Tourism & Recreation Category as defined by Florida Dept. of Revenue 9," Percentage of this number that Tourism & Recreation represents The full set of DOR data (the last three pages are the most relevant) is available on the Key West Chamber of Commerce website at: httXLLfl _._kestchamber._or _PDF trends . PDF or, in a slightly less user friendly format, at the DOR website at: htt ://dor-_My rida.comidor�taxes colls from 7 2003.htm1 E! Attachment 11 - Extract of NOAA Economic Contribution of Visitors to Florida Keys I Key West 2007.08 (2 pages) Summary of Results Monroe County Figure 2 summarizes the estimat- ed economic contribution of recre- ating visitors to the Florida Keys/ Key West. During the visitor year December 2007 through Novem- ber 2008 recreating visitors spent an estimated $1.995 billion. Of these expenditures $598.5 million, or about 30 percent, was spent to purchase inputs outside Monroe County. An example of this may be telephone service. When a mer- chant sends his phone bill outside the county, only a portion of this money remains in the county to support operations. So the direct impact on the local economy is less than the total initial spending. The direct effects are the amount of the increased purchase of in- puts used to manufacture or pro- duce the final goods and services purchased by visitors. In the case of Monroe County, this translated to $1.396 billion in direct output (sales), $606.5 million in direct in- come, and 24,628 jobs in direct employment. As mentioned previously, busi- nesses that have experienced increased tourist spending will have a ripple effect on the other businesses that supply them. This is represented in Figure 2 by the multiplier effect, which yields the total effects shown at the bottom of the figure. The total estimated output is $2.234 billion, the total estimated income is $970.3 million and the estimated total employ- ment is 32,017 jobs. Figure 2 Impact Process Due to Visitor Spending in Monroe County R Table 5 Estimated Economic Contribution of Tourist/Recreational Activities Estimated Tourist Contribution Official Measure Reported" Direct Total % of Economy Output/Sales $3,732,762, 683 $1,396,425,484 $2,234,280,683 59.86 Income $2,214,144,000 $606,466,068 $970,345,709 43.82 Employment 57,928 24,628 32,107 55.27 1. Source (OutpuUSales): Florida Department of Revenue 2. Source (Income and Employment): Regional Economic Information System, Bureau of Economic Analysis, U.S. Department of Commerce For these numbers to be mean- ingful, we must be able to com- pare them to the Monroe County baseline economy. Table 5 shows the official reported output (sales), income and employment for the survey period in Monroe County. The official reported output for the survey period was about $3.73 billion. The estimated totaltourist contribution was $2.23 billion or about 60 percent. The total esti- mated tourist contribution to in- come, $970.3 million, was about 44 percent of the official reported income of $2.2 billion. The official reported employment was 57,928 jobs. The estimated total tourist contribution to employ- ment was 32,107 jobs, or about 55 percent. As we can see, tour- ist contribution to the economy of Monroe County is very significant. 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M 0 M O tO �- 0 c0 W P M Cl) F t0 Ln W M O� N� W W P N MM V W W V LnPPNa -N 0 O CO tOa0 W tOr-PtOOPa P y tO 0�N 0 v F tO v v v tO N l0 A 0v CWO CMO N Ln T N to CMO NN L� CoNA m 0 NN00 tN 00)1 a -a W Wp@ppCWOO Cl) A C C �a Ln ME; to3N VP'to l—tCJ Cl) V% m t9 O �"' N V' W V: M n V: W N W �- P N O to M to V: v fO CD 04 cO �-_ � N 0 O '.� W CM 0 M M� T C0 N W W cO N 0 00 N M O A to C , N tO M N N W W O t0 M W tO � („� � O N N W W N P 0 0 M 0 A 0 M ' C tO O N .- W COO tO v CD C. 7 O tO tO N Q7 tO t0 W� 0 W LL� C ` N O N v N 0 0 0 W N W M O N.- NNN.-NN—— .-M O o '- ' O X '- ' ' '- '- '- C � N m 03, E ai off 5i O m z>'m� = c cm c�q—O a > OB c >>mqqi�IO0O m0ZOOyQtO .O �QmZOo coO�.�g Attachment IV Ordinance 001-2000 Commissioner Nora Williams ORDINANCE NO 01 -2000 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, EXTENDING THE ONE CENT INFRASTRUCTURE SALES TAX, OTHERWISE DUE TO EXPIRE IN 2004, THROUGH DECEMBER 31, 2018; PROVIDING THAT THE INFRASTRUCTURE TAX PROCEEDS MAY BE SPENT ON CERTAIN CAPITAL PROJECTS WITH A LIFE EXPECTANCY OF FIVE YEARS OR MORE AS WELL AS ANY PUBLIC PURPOSE, PROVIDING THAT SUCH EXTENSION IS ONLY EFFECTIVE IF APPROVED BY THE COUNTY ELECTORATE VOTING IN THE MARCH 14, 2000 PRIMARY; PROVIDING FOR NOTIFICATION TO THE FLORIDA DEPARTMENT OF REVENUE IF THE TAX IS APPROVED BY THE ELECTORATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Section 2-513, Monroe County Code is hereby amended to read as follows: Sec. 2-513. Duration of surtax. The surtax authorized by this article shall be collected commencing on November 1, 1989, and continuing through December31, 2003, Section 2. Effective January 1, 2004, Sections 2-511 through 2-516, Monroe County Code, are hereby repealed. 3 o T, o > o r Section 3. Effective January 1, 2004, Sections 2-517 through 2-522, Monr� ntods r"M-< p -n are created to read as follows: a, T— . j C� Article XX Sales Surtax z .4 > O Sec.2-517. Levied. :0 i• rn 0+ v There is hereby levied in the unincorporated and incorporated areas of Monroe County, Florida, a sales surtax of one (1) percent on those transactions taxable under section 212.054, Florida Statutes. Sec. 2-518. Distribution of funds. The funds collected pursuant to this article shall be distributed among the various municipalities and the county according to the formula set forth in 218.62, Florida Statutes. Sec. 2-519. Duration of surtax. The surtax authorized by this article shall be collected commencing on January 1, 2004 and continuing through December31, 2018. Sec. 2-520. Expenditure of funds. (a) The Funds so collected, and interest accrued thereto, shall be expended within the unincorporated areas of the county and the various municipalities for the following capital infrastructure projects all of which have a life expectancy in excess of five years: wastewater, recreation and conservation lands, marinas, courthouses, parking, offices, roads, bridges, airports, libraries, piers, auditoriums, riprap/seawalls, solid waste, jails, police/fire facilities, land acquisition, and storm water. (b) Nothing contained in this section, however, shall be construed 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. (c) In addition to the capital infrastructure projects described in subsection (a) the funds so collected, and interest accrued thereto, may also be expended on any public purpose, including maintenance of recreation and conservation lands, but only if: (1) The debt service obligation for the year is met; and (2) The county's comprehensive plan, has been determined to be in compliance with Part II of Chapter 163, Fla. Stat. Sec. 2-521. Effect on existing fees, taxes. No funds collected pursuant to this article, 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 December 31, 2003. Sec.2-522. Bonds. The county and the various municipalities may pledge the funds raised pursuant to this article for the purpose of servicing new bond indebtedness incurred pursuant to general law. All bond proceeds, less administration fees and expenses, may only be utilized for the purposes set forth in section 2-520 of this article. 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 4. Effective Date. A copy of this ordinance must be sent to the Secretary of State, State of Florida, but it will not take effect unless the following referendum is approved by a majority of the electors of the County voting in the March 14, 2000 primary: REFERENDUM ON EXTENDING THE ONE CENT INFRASTRUCTURE SALES TAX THROUGH 2O18. Shall the one cent infrastructure sales tax be extended through 2018 (it otherwise expires in 2004) with the proceeds used for the following projects: wastewater facilities, recreation and conservation lands, marinas, courthouses, parking, offices, roads, bridges, airports, libraries, piers, auditoriums, riprap/seawalls, solid waste, jails, police/fire facilities, land acquisition, storm water, and maintenance of conservation and recreational lands, and any public purpose authorized by lQwV For the one cent sales tax Against the one cent sales tax Section 5. If the referendum is approved at the March 14, 2000 primary election, then the County Administrator must notify the Florida Department of Revenue within ten days of the referendum date as provided in Sec. 212.054 (7)(a), Fla. Stat. (1998). 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. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19thday of Janua= . 2000. Mayor Shirley Freeman Commissioner Wilhelmina Harvey ,_-._Commissioner George Neugent commissioner Mary Kay Reich Corn issioner Nora Williams w"i. ' `Attest:' ANNV L.KOLHAGE, Clerk By _ . Depu Clerk APPROVED AS TO FORM AND L SUFFICIE p'r N ON n, lord litaxref yes yes yes yes yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Ch6frperson 3420 Northside Drive Key West R. 33040 Office 305-294-6641 Fax 305-294-0768 Published Dailv Key West, Monroe County, Florida 33040 STATE OF FLORIDA a COUNTY OF MONROE x c". Ivy the undersigned authority personally appeared Randy G. Erickson, v oast v says that he is director of the Advertising Department of the Key West Ci dal newspaper published in Key West, in Monroe County, Florida; that the f :0 ertisement, being a legal notice in the matter of :�n= -own 9 Xn,the Court, was published in said newspaper in the issues of Affiant further says that the Key West Citizen is a newspaper published in Key West, in said Monroe County, Florida and that the said newspaper has heretofore been continuously published in said Monroe County, Floridaeach day (except Saturdays) and has been entered as second-class mail matter at the post office in Key West, in said Monroe County, Florida, for a period of 1 year next preceeding the first publication of the attached copy of advertisement ; and affiant further says that he has neither paid nor promised any person , firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication ' s . newspaper. Signature of Affiant Sworn and subscribed before me this day of 1999. Z. Signature of 146t4y Public Expires: Oct. 11, 2002 Personally Known Produced Identification Type of Identification Produced NOTICE OFwngemm TO COIF SIDER ADOPTION OF COUWTY NOTICE IS, HERMY GIVEN TO WHOM IT MAY CONCERN that on Wednesday.PJanuary 19, 2000 at Harvey Center - Tru- man School, 1200 Truman Avenue, Monroe County, Fiodds. The Board of County Cammieelonsm of Monroe County Intends to consider the adop- .: tion of the following Cou ly ordl- nano; AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA. EX- TENDING THE ONE CENT INFRA- STRUCTURE SALES TAX, OTHER- WISE DUE TO EXPIRE IN 2004, C-3 THROUGH DECEMBER 31, 2018: �- PROVIDING THAT THE INFRA - CD STRUCTURE TAX PROCEEDS MAY BE SPENT ON CERTAIN. CAPITOL PROJECTS WITH A LIFE EXPECTANCY OF FIVE YEARS FOR MORE AS WELL AS ANY PUBLIC PURPOSE PROVIDING THE SUCH EXTENSION IS ONLY EFFECTIVE IF APPROVED BY THE COUNTY ELECTORATE VOTING IN THE MARCH 14, 2000 PRI- MARY; PROVIDING FORNOTIFI- CATION TO THE FLORIDA DE- •PAR'TMENT OF REVEIJI.IE IF THE TAX IS APPROVED BY THE ELEC- TORATE; PROVIDING FOR SEV- ERABILITY; PROVIDING FOR tHE REPEAL OF ALL ORDINANCES IN- CONSISTENT HEREWITH; PRO. VIDING FOR INCORPORATION IN- TO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVID- ING AN EFFECTIVE DATE. Pursuant to Section 268.0105, Flori- da Statutes notice Is given that B a person deddes.to appeal any dad- slon made by the Bond with reaped to any matter conalde. at the hear- Ing, he will need a record of the pro- ceedings. and that for such purpose, he may need to ensure that a verba- tim record of the proceedings is made, which record Includes the evi- 1 which the appeal is to , be based.Copies of the above -referenced ordi- nance are available for review at the various public libraries in Monroe County, Florida. Dated at Key West, Florida, this loth day of December 1999. DANNY L KOLHAGE, Clerk of the Clrcult Court and ex-ollicio Gerk of �ie�oYd nl t+malllsiarwe Dee. 31s1,199P l Jan. 7, 2000 FLORIDA 141111TISMMM KILIMCVMR Published Twice Weekly Florida Marathon, Monroe County, STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority person- ally appeared TOM SCHUMAKER who on oath, says that he is PUBLISHER of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published I don Marathon, in Monroe County, hat the attached copy of advertisement was published in said newspaper in the issues of: (date(s) of publication) December 312 1999 January 8, 2000 Afflant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Marathon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, twice each week (on Wednesday and Saturday) and has been entered as a second class mail matter at the post office in Marathon, in Monroe County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement. The afflant further says that he has neither paid nor promised any person, firm, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper(s) and that r•erTjoiiance with Chager 50 of the Florida Swom to and su ribed bef re me 2000 this/jL�4 Day of (SEAL) /'� 111�v/. // 11-11 r Notary ea/- Z000 no.9618600 NOTICE OF INrENTIOIN TO O MDMADO INANCE NOTICE IS HEREBY GIVEN To WHOM eIITnsMAY �C�O.NNCCERRN 1hat an V st 3�v ri�n n ^�rM cents- Tr mj^ 8ahooL 1TOO Truman Avenue, Key West Monroe County. �e B.erA of Ca.i Caminh.iom ant, oT Mdnoa COvmY. Plaids. ,Intends to oonrild* the adw tion of the f611000 n• county or- dpianoe= BEVERLY TRABUR My Cei1 M ram. gna►xoo� No. CC 870042 j(PerrmslOtl K. r 100.I a Pi.siunt to Be that If e = ter nsed .°dn and tpow, e e aha pr°°°am'dh pa U good YieMids MW I.dbesid cool.a of uro 0� ddwyK7 DANNY L KOLHAGE. mck O end eii of�llcio�(9slk oftlr °fc Zr— Publish Dioember 1,1999: 7� I�O eW Florid -WO m OrO*r or V ri O THE Upper �d CoaArtrlen Yaer PORTER P.O. Box 1197 • Tavemier, Florida 33070-1197 (305) 852-3216 Fax: (305) 852-8240 PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared DONNA STUTTS, who on oath, says that she is PUBLISHER of THE REPORTER, a weekly newspaper entitled to publish legal advertising published at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being a LEGAL NOTICE in said newspaper in the issue of: December 30, 1999 S January 6, 2000 Affiant further says that THE REPORTER is a newspaper published at Tavernier, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County, Florida, each week (on Thursday), and has been entered as second class mail matter at the Post Office in Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any firm, person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the -said newspaper and that The Reporter is in full compliance with Chapter 50 of the Florida State Statutes on Legal and Official Advertisements. 6�" zo Sworn to and su scribed before me this 6th Day of January, 2000 (SEAL) e� era Knes # jW*Mr C*=Ar san CC715W4 4., . { F:a ae Z!aarr . I. 2i Notary No.9538800 NOTICE OF INTENTION TO CONSIDERTHE ADOPTION OF A COUNTY ORDINANCE NOTICE 18 HEREBY GIVENTO WHOM rP MAYZONCERN that on Wednesday,Jenuery 18, 2000, at 3:00 PM at the Harvey Center- Tru- man School,12W Trum- man Avenue, Key West, MonrosCounty,, Florida, the Board of County Commissioners of Mon- roe County, Florida In- tends to consider the adoption of thefollowin0 County ordinance: AN ORDINANCE OF THE BOARD OF COUN- TY COMA HHHONERS OF MONROE COUNTY. FLORIDA. EXTENDING THE ONE CENT INFRA- STRUCTURE SAI, 9 TAX,OTHERWISEDUE TO EXPIRE IN 2004 THROUGH DECEMBER 31.2010; PROVIDING THATTHE IIPRA- STRUCTURETAX PRO-CEEDS MAY SE SPENT ON CERTAIN CAPMAL IT S; tiinrN>A � WELL• AG =13IN PURPOSE; PROVIDING THAT SUCH EXTEN- SION M ONLY EFFEC- TIVE IF APPROVED BY Ti1ECOUNN EtEc=.— TORATE VQTMG K - THE MARCH 14.2000 PRIMARY; PROVIDING FOR NOTIFICATION TO THE FLORIDA DE- PARTMENT OF REVE- �'�11N 00 3 VNOW 30VN10S1 HT9 7 ANNWI 0'0033 80.4 (131).4 NUE IF THE TAXIS AP- PROVED BY THE ELECTORATE; PRO- VIDING FOR SEVER - ABILITY; PROVIDING FORTrIE REPEAL OF ALL ORDINANCES IN- CONSISTENT HERE- WITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF OR- DINANCES; AND PRO- VIDING AN EFFECTIVE DATE. — PursnanttD Section 286.0105, Florida Statutes, natice-le given that if a person derides to appeal any decision madebylhe Board with - respect m WY matter considered at thehear- ing, he will need a record of the proceedings, and that, for such purpose, he may need to ensurethat a verbatim record of the praceedings is made, which record includes the testimony and evidence upon which the appeal Is tobebesed. - Coplee of tie above-ref- areneed ordinance are available for review at the vadous'public libraries in Monroe County, Florida. Dated at Key West, this loth day of December, 19". DANNY L KOLHAGE, Clark of the circuit Court and ex oMdo Clerk of the Board ofCounty Commissioners of Monroe County, Florida PUBLISHED:12130199 a 1/8/00 Tt» Re='w Tawnrier. FL33070 i1 KE)ONEST 3420 Northside Drive Key West Ft. 33040 Office 305-294-6641 Fax 305-294-0768 pubUdwd Daily Key wed, Monroe County, Florida 33040 STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared Randy G. Erickson, who on oath says that he is director of the Advertising Department of the Key West Citizen, a daily newspaper published in Key West, in Monroe County, Florida, that the attached copy of advertiserpent, being a legal notice in the matter of In -the - C-omt, -was-published in -said -newspaper in the issues of Affiant further says that the Key West Citizen is a newspaper published in Key West, in said Monroe County, Florida and that the said newspaper has heretofore been continuously published in said Monroe County, Florida each day (except Saturdays) and has been entered as second-class mail matter at the post office in Key West, in said Monroe County, Florida, for a period of 1 year next proceeding the first publication of the attached copy of advertisement, and affiant fiuther says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or 4nd for the purpose of securing this advertisement for publication in the said Dw z n o C r—z �0 rn ^�z-c v V 9i'gJQi of Affiasl3 o = rd' ? 01 . Sworn and subscribed before me this-664' r7200 ' day of /' M p Expires: Oct. 11.2002 Personally Known x Produced Type of Identification Produced N'.t,0`01ncy E. �� •�N,1SStOp,c•.�• , cp S Identification So #CC702%4 ; �� NOTICE OF INTENTION TO CON- SIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, January 19, 2000 at 3:00 PM at the Harvey Center - Tru- man School, 12W Truman Avenue, Monroe County, Florida. The Board of County Commissioners of Monroe. County Intends ID consider the adop- don of the following County ordi- nance: AN ORDINANCI OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, EX- TENDING THE 0O14�EE CENT INFRA- STRUCTURE SALES TAX, OTHER- WISE DUE TO EXPIRE IN 2604, THROUGH DECEMBER 31, 2018; PROVIDING THAT THE INFRA- STRUCTURPTAX PROCEEDS MAY BE SPENT ON CERTAIN CAPITOL PROJECTS WITH A LIFE EXPECTANCY OF FIVE YEARS FOR MORE AS WELL AS ANY PUBLIC PURPOSE PROVIDING THE SUCH EXTENSION IS ONLY EFFECTIVE IF APPROVED BY THE COUNTY ELECTORATE VOTING IN THE MARCH 14j 2000 PRI- MARY; PROVIDING FOR NOTIFI- CATION TO THEFLORIDA DE- PARTMENT OF REVENUE IF THE TAX 18 APPROVED BY THE ELEC- TORATE; PROVIDING FOR SEV- ' ERABILK- PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN- CONSISTENT HEREWITH; PRO- VIDING FOR INCORPORATION IN- TO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVID- ING AN EFFECTIVE DATE Pursuant to Section 286.0105, Flori - da Statutes notice Is given that If a person decides to appeal any deci- sion made by the Board with respect to any matter considered at the hear- Ing, he will need a record of the pro- , and that for such purpose, he may need to ensure that a verba- tim record of the proceedings is made, which receord. Includes the evi- dence upon which the appeal is to be based. Copies of the above -referenced ordi- nance' are available for review at the varlous public libraries in Monroe County, Florida. Dated at Key West, Florida, this 10th day of December 1999. DANNY L KOLHAGE, Clerk of the Circuit Court and ex-officio perk of the Board of County Commissioners of Monrpa County, Florida. Dec. 31 at, 1099 3 Jan. 7, 2QW — BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORWA 33050 TEL (305) n9-60V PAX (305) Z9-1745 January 27, 2000 VN Jump oi�ja�ge CLERK OF TBE CIRCUIT COURT MONROE COUNTY 5W W IITEHEAD sTREEr KEY WEST, FLORWA 33M TEL (3W) M-WW FAX (305) 295-3660 Mrs. Liz Cloud, Chief Bureau of Administrative Code & Laws The Elliott Building 401 S Monroe Street Tallahassee FL 32399-0250 Dear Mrs. Cloud, Enclosed please find certified copies of the following: BRANCH OMCE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORMA 3M TEL (305) 852 7145 PAX (305) SM-7146 Ordinance No. 001-2000 Extending the one cent Infrastructure Sales Tax, otherwise due to expire in 2004, through December 31, 2018; Providing that the infrastructure tax proceeds may be spent on certain capital projects with a life expectancy of five years or more as well as any public purpose; Providing that such extension is only effective if approved by the County Electorate voting in the March 14, 2000 Primary; providing for notification to the Florida Department of Revenue if the tax is approved by the Electorate; Providing for Severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation the Monroe County Code of Ordinances; and Providing an effective date into Ordinance No. 002-2000 Revising Sec. 13.5-3, Higgs Beach County Park Regulations, Providing for a change in park opening hours and allowing residents to have access to beach property after closing hours, Providing for Severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and Providing an effective date. Ordinance No. 003-2000 Amending Section 3-15(2), Monroe County Code, in order to clarify that animals determined to be adoptable may be kept at the shelter in excess of five days; Providing however that such animals must be neutered and the fee charged to the person adopting the animal or, if animal's owner claims it after five days then the owner will be charged the neutering fee in lieu of the boarding fees; Providing for Severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and Providing an effective date. Ordinance No. 004-2000 Adoption of an Ordinance providing for definitions; Providing that the owner of an on -site sewage treatment and disposal system must connect to a sewerage system within 30 days of notification from the owner of the sewerage system that the system is available; Authorizing payment of connection fees over a two year period, or over a five year period if certain hardship conditions are met; Providing for penalties; Providing for Severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and Providing an effective date. These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on January 19, 2000. Please file for record. Danny L. Kolhage Clerk to Circuit Court and ex officio Clerk to the Board of County Commissioners by: Pamela G. Eancoc ty Cler Cc: Board of County Commissioners County Administrator 001-2000 County Attorney Growth Management 004-2000 Municipal Code Corporation Public Works 002-2000, 003-2000 Supervisor of Elections 001-2000 File f T Z 4O8 337 273 us Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do not use for Intemallonel Mail (See reverse) Municipal Code Corporation P. O. Box 2235 Tallahafas fLy� --2235 JQ/V -n1 iCeNSed Fee Sp.WD*MyFAh Raab W Ddvm Fee N Return Receipt Showhrg to Whom d Date Delivered _ z Rd-ReceiptShortYg :hm% & Mdd mWi A& ppp$ TOTAL Postage d Fees $ cINawCst' ar Dale uL o01 "e.y — Z•oo a corrrpI it on on reverse side? w' mV - 1 a m Z IL s m a m W �� 0 a _ C) N CL r x • SL w�� r01o� fb P. m ❑❑❑t ? SL o 1 9 0❑ J set a ❑0Ifj J 0A $w P Z 408 337 272 us Pont Stervice No l�r�oefU& w&rtified hief The Elliott Building POOP CoMed Fes Resbidal Deli Return Receipt Whom & Data I --I Rohn ReteW Sh S I TOTAL Pastegs 3 Fssa I S"L i— iL cDwJ k4j CL NOC✓ OO I , 0 LL a e ®3 ! —%- Za" Is your HIMIFINAUgHWALcornp4led art the reverse side? -I ^ e � � • no 0 CD 1>0 C D >a y m� o c C 0 —ft $ yea �zm rC40.3 n o %=ma F+ m r-o C�iq CL OA r : U1 C $ rto m m= o ❑❑❑tr �� 0 3 m w o❑ � v Ca i3 tv a s Thank you I u using Rstwn Re nk" Service. DIVISIONS OF FLORIDA DEPARTMENT OF STATE Office of the Secretary Division of Ad®dstrative Services Division of Corporations Division of Cultural Affairs Disvion of Elections Division of Historical Resources Division of Library and Information Services Division of Licensing MEMBER OF THE FLORIDA CABINET FLORIDA DEPARTMENT OF STATE Katherine Harris Secretary of State DIVISION OF ELECTIONS February 2, 2000 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County 500 Whitehead Street Key West, Florida 33040 Attention: Ruth Ann Jantzen, Deputy Clerk Dear Mr. Kolhage: HISTORIC PRESERVATION BOARDS Historic Florida Keys Preservation Board Historic Palm Beach County Preservation Board Historic Pensacola Preservation Board Historic St. Augustine Preservation Board Historic Tallahassee Preservation Board Historic TangmtHillsborough County Preservation Board RINGLING MUSEUM OF ART Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letter of January 27, 2000 and certified copies of Monroe County Ordinance Nos. 01-2000 through 04-2000, which were filed in this office on February 1, 2000. LC/mp Sincerely, Liz Cloud, hief Bureau of Administrative Code D O �7 O c�• r— oc>, • t t � r. '�'1 tp +o ear v BUREAU OF ADMINISTRATIVE CODE The Elliot Building . 401 South Monroe Street • Tallahassee, Florida 32399-0250 . (850) 488-8427 FAX: (850)488-7869 a WWWAddress: http://www.dos.state.tl.us • E-Mail: election@mail.dos.stateftus FU Box 'a1'.ah:ssee. �i 32?16-2:35 2uo2lemea! E' 0Lr43�2nr�n We ha'e rece.:veO the f0'.louing eater:al thoough `,ard :Opi•. rharl, y?i: f7-f "Our assistance and :Qcpe•ation. Jrdinance Nos. 01-2 00, 02•-200. 03-2000 and 04-2000. 800-2E2-2512 fay 8`9-575-8852 g,! LOOking f r a �stoser complaint tracking software We offer a comprehensive software called CUP Tared of mailing out Codes and Supplement? We can distribute them f6r you for a minimal fee' r-~ r• v- �- C4 W u7 :� /: U.S.PCSTAG "tFEB-4'oo m N P7 ,Q t P 1— 6856045 .. T4: Ms. Pamela G. Par.cock leputy Clerk Monroe County 500 Whitehead Street kev West. FL 1300 Ordinance 013-1989 c. C: LL c. C. c w J 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 Q PERIOD OF FIFTEEN (15) YEARS COMMENCING ON NOVEMBER 1, 1989; PROVIDING THE EXPENDITURE OF THE REVENUES COLLECTED ON CERTAIN CAPITAL PROJECTS WITH A LIFE EXPECTANCY IN EXCESS OF VE YEARS; PROVIDING THAT THE REVENUES ISED BY THIS ORDINANCE SHALL NOT BE USED TO $3 DUCE AD VALOREM TAXATION OR USER FEES CLUDING 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. 2 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/seawalls, 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. P PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board, held on the jjbgL day of May, A.D., 1989. (SEAL) Attest: DANNY L, $QLHAGF, perk er c ADOPTED: --- EFFECTIVE DATE: M BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By IW • Qde ayor a rman AP/AOW AF 7O RM AND Urw SUFFIVENCY 8 - c Au 4 raouMrro . �3•,�;y Boa :�� M •.L N ��Af CpV�'1. 'annp 1. x0lbage BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY P.O. BOX 379 MARATHON. FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY. FLORIDA 33070 TEL (305) 743.9036 KEY WEST, FLORIDA 33040 TEL (3051 952.9263 TEL (30512944"1 June 9, 1989 REGISTERED MAIL RETURN RECEIPT REQUESTED Mrs. Liz C1oud,.Chief Bureau of Administrative Code and Laws Department of State The Capitol ` 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 Hoard of County Commissioners at a Regular Meeting in formal session on May 23, 1989. Please file for record. Very truly yours, Danny L. Rolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners y; H Of Ronal a L. 06=nolly 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 Randy Ludacer County Administrator Tom Brown Finance Director T. Medina File armilmR: Complete Itwm 1 end 2 when edditlonel arvbee ere deNred, s e� 01 compiste Items 3 Put your address In the '•RETURN TO" Speoe on the reve►ee skK Fell of do this wlll'ilrsrsnt this gWkcard from being returned to you. Poetmater or a °r ne Woos j- a ow no eery a ere eve eb Cones 1. ❑ Show to whom delivered, a for eddigonel eervi"(e) requeead, f inti.....� n, nd add►eaes's addnea 2. ❑ Rsm"bm ,o n.u..._. 4. Amide Number "TywofSemes: 0 �. 0 Coo ,v n 0 Exprew Men SIG 3Z3O, AIVIM obladn elwwwre of addresses OrSIP:tand DATE DELIVERED. b. SiYnature — i�ddrenee 9. 's Addre ((ONLY if X - regrreited and fee paid) X 7. Date of Nil",n W - a/ PS Form 3811, Mar.1987 w Us tieo. dill]-17e,11B DOMESTIC RETURN RECEIPT ..a FLORIDA DEPARTMENT OF STATE Jim Smith DIVISION OF ELECTIONS Room 1802, The capitol Tallahassee. Florida 32399-= (904)486-8427 June 12, -1989 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County Courthouse 500 Whitehead Street Key West, Florida 33040 Attention: Rosalie L. Connolly, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledges 1. Receipt of letter/s of June 9, 1989 (mailed June 9, 1989) and certified copy/ies of Monroe County Ordinance(s) Ordinances (re: Referendum Aug. 8, 1989) 2. Receipt of relative tos (a) County Ordinance(s) which we have numbered (b) which we have numbered 3. . We have filed this/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. Sin rgly, 10 *4,<7 UCAA& Liz Clou , Chief Bureau of Administrative Code LC / mb BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON. FLORIDA 33050 TEL. 1305) 743.9036 �. bLOUNIyC �uJ�4yJVM Cu,p` :OGw �.9 i •, u: • i f COUNTV. .SY DLxvil- xuannpoifjage CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEI.. (306) 294-4641 M E M O R A N D U M To: Those Listed Below From: Rosalie L. Connolly, Deputy Clerk Date: September 6, 1989 Subject: Ordinance No. 013-1989 BRANCH OFFICE P.O. BOX 379 PLANTATION KEY, FLORIDA 33070 TEL (305) 852.9253 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. 0 Rosalie L. 66nnolly 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 4. ,�y►►iE;s�U STATE OF FiiORIDA j DEPARTMENT OF REVENUE TALLAHASSEE, FIDRIDA 323"-01I0 KATIE D. TUCKER $XFIU. -F 1, NECIOR 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. V �1 Michael J. Gomez, Chief Bureau of Finance and Accounting (904)488-4552 MJG/sr AN EQUAL OPPORTUNITY/AFFIRMATIVE. ACTION EMPLOYER *� 4%