Loading...
12/26/1991 ( ?3 -../t 96 District Four Chaplin Building 5192 Overseas Highway Marathon, FL 33050 Telephone: (305) 289 -6000 December 26, 1991 Honorable Danny Kolhage Clerk of the Circuit Court 500 Whitehead Street Key West, FL 33040 Dear Danny: Reference: Marathon Airport Property Please research your files and provide me with a copy of the following documents: o Agreement transferring the 40 foot strip along the length of the south side of the airport from FDOT to Monroe County. o The amount and source of funding to pay for the 40 foot strip and the date of that transaction. o The attorney's opinion supporting the above actions. This information is needed prior to January 7, 1992. Sincerely, A. EARL CHEAL, DBA Monroe County Commissioner District 4 AEC:mkn c ouNTy = M ................ 3 V crArJ f �9 Y5 A , X q � f rianttp IC. iaoiiage 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. (305) 852-9253 TEL. (305) 294 -4641 December 30, 1991 Commissioner A. Earl Cheal Chaplin Building 5192 Overseas Highway Marathon, FL 33050 Dear Commissioner Cheal: Pursuant to your request dated December 26th, I am enclosing the following information: 1. A copy of the Quitclaim Deed from the State of Florida Department of Transportation to the Board of County Commissioners of Monroe County dated February 15, 1985, which conveys the 40 -foot strip adjacent to the Marathon Airport. As you can see by examination of the Quitclaim Deed, this conveyance was made without consideration. 2. A copy of my memorandum to then Assist- ant County Attorney Sheri Smallwood concerning the subject of Resolution No. 224 -1983, in which I request an opinion as to the appropriateness of the direction of the Resolution that Monroe County advance Constitutional Gas Tax and /or Local Option Gas Tax from the Monroe County Transportation Trust Fund for the purpose of funding certain engineering costs associated with the four - laning project adjacent to the Marathon Airport. Commissioner A. Earl Cheal Chaplin Building 5192 Overseas Highway December 30, 1991 Marathon, FL 33050 Page Two Attached to that memorandum is a copy of Resolution No. 224 -1983. 3. A copy of the opinion from Assistant County Attorney Sheri Smallwood con- cerning the proposed use of gas tax funding as described above. Summarizing her opinion, she concluded that since the purpose of the engineer- ing work was transportation - related, it was an authorized expenditure of such funds whether or not they were to be considered as an advance. As I indicated at a recent County Commission meeting, those funds were advanced in the amount of approximately $140,000.00 and were not reimbursed from grant funding as was originally anticipated. If I can be of further assistance to you, please contact me. Sincerely yours, D. • . K. h ge Clerk of e Circuit Court and ex officio Clerk to the Board of County Commissioners DLK:RLC Enclosures cc: File • • 421685 Kr 0c "sD 213 3 Prepared under the supervision of: COUNTY : Monroe A SECTION : 90040 - 3518/2509 1 P/•A), S. Bt44 t1 , Attorney STATE ROAD : S.R. 5 (US 1) Florida Department of Transportation PARCEL NO 605 Suwannee Street z :' Tallahassee, Florida 32301 ' _ t =i 't x :; y�' ,<:;i PUBLIC PURPOSE QUITCLAIM DEED 1' &' -* a ' ''' ... ;k (Section 337.25(5)F. 5 THIS INDENTURE, made this 15th day of Feeruary • . 1985, by and between the STATE OF FLORIDA, by and through the STATE OF FLORIDA l DEPARTMENT OF TRANSPORTATION. as the Party of the First Part and THE BOARD OF :.:� ,•;; COUNTY COMMISSIONERS OF MiONROE COUNTY, the party of the Second Part. . _, 1 7%.* • r, 4. , .. •.- 2, s li WITNESSETH /OA WHEREAS, the hereinafter described property held by the Department of • Transportation is no longer used or needed and the Secretary of the Department . '-``` ' on January 23, 1985 has approved conveyance to the Grantee without . . consideration, to be used solely for public purposes, pursuant to the '":P • , , provisions of Section 337.25(5). , # * * :. . NOW, THEREFORE, THIS INDENTURE WITNESSETH: That the Party of the s • 2 :°M First Part does hereby remise, release and quitclaim unto the Party (Parties) , ti ,+ ' A w of the Second part, and assigns, forever, all the right, title and interest of .0 the State of Florida and /or the State of Florida Department of Transportation ;,•` to the property described on Exhibit •A•, attached hereto and made a part • hereof. • TO HAVE AND TO HOLD the said premises and the appurtenances thereof • , unto the Party (Parties) of the Second Part. THIS CONVEYANCE IS wade subject to a unpaid taxes, assessments, is'" `" ,. "` r N.` liens, or encumbrances of any nature whatsoever which the Party (Parties) 0f'1 * �_ • the Second Part hereunder and herein assume(s). IN WITNESS WHEREOF, the State of Florida Department of Transportation r " has caused these presents to be signed in the name of the State of Florida end in the name of the State of Florida Department of Transportation by its 4 . Director of Preconstruction end Design and its seal to be hereunto affixed, . attested by its Executive Secretary, on the date first above written. &u„,• ,a' .� 4 2 1 6 8 5 RicOoc i i2I3 • • 4 Signed, sealed and , STATE OF FLORIDA DEPARTMENT OF delivered in our presence TRANSPORTATION ; - as witnesses: r or,Avs o •, + : P • • constructi' �!.� + . i MA.0— 'l at.bt�.cAAK Attes 4 .. .t. .4 ..�..d: - " ' . ' s ecu T , 4.i ,,,. 4 , '� .,.. COUNTY DOFEON FLORIDA ) � " .o. f f'. • t,: k N. . E ,, • i ' . C . " ?'' BEFORE ME, the undersigned authority, this day personally appeared, ;„ ','''''':-7 . f ` I V William F. Pantry and June Weeks , Director, i.�� .),'...,. Division of Preconstruction and Design and Executive Secretary of the State of �4.• , - t, ‘ • • �- ,. Florida Department of Transportation, respectively, to me known to be the . persons described in and who executed the foregoing instrument, and they „, severally acknowledged the ±xecution thereof to be their free act and deed as {t such officers for the uses and purposes therein mentioned, and that they +. xge --- - affixed thereto the official seal of said State of Florida Department of `: r' Transportation, and the said instrument Is the act and deed of said • Z; , Department. WITNESS my hand and official seal this 15th . day of . r ' February . 19 85 ° `.� (NOTARIAL SEAL) A 8 'k0 o ary 13uSIZiF�' + r 1 N. try f.1it. Ws .l Neils $ W t;. m,d„y. Wires OIL 2L MS e P It i tA �' � .'. 7 4 � .;4. • . z. f ro • - X121685 C ° _ 1. 'M5 "EXHIBIT A" 90040 -.35i8 LEGAL DESCRIPTION (Northerly 40.00 feet of S.R. 4 -A) • A parcel of land in Section 1, Township 66 South, Range 32 East and in Section 6, Township 66 South, Range 33 East, Vacs Key, Monroe County, Florida, being the northerly 40.00 feet of State Road 4-A adjoining the southerly boundary of that certain { { Parcel "1" acquired from the State of Florida, State Road Department by Quitclaim Deed, dated December 29, 1958, and recorded in Official Records Book 144, Pegs 590 t and 591 of the Public Records of Mogros County, Florida less the West 26.99 feet 1 ... ,, ; thereof. Said parcel contains 7.68 acres more or less. Said parcel subject to the .. '4.4,1•4,.%1 r following easements: i, •. a -, tai .. 1. A 20 foot wide ingress and egress easement for construction and maintenance purposes, lying in Government Lot 2 of said Section 6, being �; , , more particularly described as follows: • 'At t,.4` • ; e , ., ,tt' Commence at the SW corner of Section 1, Township 66 South, Range 32 ' l ` East; thence North along the West line of said Section 1 for 125.28 feet to ,, ,, r- "`' ' an intersection with the northerly right-of-way line of State Road 4 -A e . k• (U.S. Highway No. lk thence N67'51'00"E along said northerly right-of- Erb r .n.. 'y way line for 7112.60 feet'io the point of curvature of • circular curve • concave to the southeast; thence continue northeasterly along uid F ',t x'aT•. 4 northerly right- of-way line, along the are of said curve having a radius of u, , -r 2960.91 feet; and a central angle of 10'00'00" for 520.27 feet to the point �, S ,� • ,," ' of tangency; thence continue along said northerly right -of -way line ., i Y : N77"6100"B for 267.00 feet to the Point of Beginning of the hereinafter 1 '' ' r `? described easement; thence continua N77'31°O0"E along said northerly J6" �",; . ri right-of-way line for 20.00 feet, thence 312 for 40.00 feet; thence } ` " 8 " W for 20.00 feet; thence N12b9'00 "N for 40.00 feet to the Point of Beginning. fir";1 ; • 2. A 20 foot wide ingress and egress easement for construction and maintenance purposes, lying in Government Lot 2 of uid Section 6, being }' more particularly described as follows: Commence at the SW corner of Section 1, Township 66 South, Rang. 32 Eut; thence North along t e West line of sold Section 1 foe 125.26 feet to an intersection with the northerly right - of-way line of State Road 4 -A o (U.S. Highway No. 1)i thence N67'S1'00"E along said northerly right -of 1 way line for 7112.60 feet to the point of curvature of a circular curve r .• + . concave to the southeast; thence continue northeasterly along said ., ' northerly right-of -way line, along the arc of said curve having a radius of $ s' •'•' . 2960.93 feet; and a central angle of 1000'00" for 520.27 feet to the point '. K '� ` of tangency; thence continue along said northerly right- of-way line , z ' if, N77'51'00"E for 426.00 feet to the Point of Beginning of the hereinafter 1 ;, g .: described easements thence continue N 77"51'00"E along said northerly ,, . ••• right-of -way line for 20.00 feet, thence S12b9'00"E for 40.00 feet; thence . 877'51'00 "W for 20.00 feet; thence N12'09'0091 for 40.00 feet to the Point of Beginning. 3. A 20 foot wide Ingress and egress easement for maintenance purposes, lying in the S 1/2 of the SW 1/4 of said Section 1, being more particularly • ' described as follows: x Commence at the SW corner of said Sectloa i; thence North along the Westerly line of said Section i for 125.28 feet to an intersection with the • northerly right - of-way line of State Road 4-A (U.S. Highway No. 1k ' t ;' thence N67'51'00"E along said northerly right - of-way line foe 446.50 feet • to the Point of Beginning of the hereinafter described easement; thence • , continue N67 51 "E along said northerly right- of-way line for 25.30 feet; thane 615'17'12 "W for 50.61 feet; thence S67%1'00"W for 25.30 feet; • i thence N15'1712"E for 50.61 feet to the Point of Beginning. • `:' 1 Prepared by: 0 4:5;it:'HLS/l vo Walter Okahara, P.L.S. 414 401- 007.20 Post, Buckley, Schuh 6 Jernigan, Inc. n' `" -` 1 N. Krone Avenue r *040- 3ga 421685 x ' � REC �� f ' - �` J 6 � o O = � e ii sr'', i ..• II W r U .....,....„,v ©0 R a A M �� g I 03 i t o• 0 �—� a F O • t 0 1 © Q 5 O . O / A i f� . fir" t' • ; * ,.. . . Y.. Q n e r r: . ' 1). g$ ~ c / ` � , e S • h r ` rf 5�.0.i /7� `� J i ! VtvA Ri , v - r• r: y T . Af y ''.1 a '. • rr'j .a 4 • .t ..,t . t k. : 4 P ' ^ ', '24; la r tk 0 � y, k S R \ t � l L : n Q 0 d ry il • • • - oti i! $ . ��, �§ '�° wst 44 a it t) • ' Ck r i ` ' ,.. ss Q . rja .� o J 1. i v if. . I ... . • M ; C • �� 1 w � z• 0 ct J i ..; .II 111 2 ' le i !i it_ ii Q yr P e ; a N , 1 N , 0 /II p "i r / i . illiiiiii Vale le L O ip ' f' i r , 44::: ‘ I \ lb 4 It . f �� ?'© P ar I. 2 � ]c � w �, ' j w vl • w dJO.... . • 6.-44 4i4. .• ,. ..�, ,,,,,,,,_,_,. ... ?�0EOc0G1 . 0. .fir - � ? ": )Atafnp IL. 1aoEIjage BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY 16TH JUDICIAL CIRCUIT P.O. BOX 379 MARATHON, FLORIDA 33050 MONROE COUNTY PLANTATION KEY, FLORIDA 33070 TEL. (305) 743 -9036 500 WHITEHEAD STREET TEL. (305) 852 -9253 KEY WEST, FLORIDA 33040 RECORDER TEL. (305) 294 -4641 COUNTY CLERK COLLECTOR OF DELINQUENT TAXES COUNTY AUDITOR M E M O R A N D U M To: Sheri Smallwood, Assistant County Attorney From: Danny L. Kolhage, Clerk Subject: Resolution No. 224 -1983 Date: August 10, 1984 In accordance with our previous conversations concerning this matter, I am enclosing herewith a copy of Resolution No. 224 -1983. This Resolution concerns a joint effort between Monroe County, The Florida Department of Transportation and the Federal Aviation Administration concerning certain improvements at Marathon Airport and a 40 -foot strip adjacent to U. S. 1 at the Marathon Airport. I am specifically requesting that you give me your opinion as to the appropriateness of Section 4 of this Resolution. Section 4 directs me to advance certain engineering costs concerning the project from the Constitutional Gas Tax and /or the Local Option Gas Tax of the Monroe County Transportation Fund. This section further indicates that these funds will be reimbursed from "anticipated" grant funds to be received from the Federal Aviation Administration. I have been presented with billings from the firm of Post, Buckley, Schuh & Jernigan for work done on this project and I am concerned at this point as to whether or not the Gas Tax funds as outlined in Section 4 of the Resolution can properly be used for this purpose considering the several limitations and restrictions which are placed upon the use of these funds in the Florida Statutes. To: Sheri Smallwood, Assistant County Attorney From: Danny L. Kolhage, Clerk Date: August 10, 1984 Page Two At a recent meeting of the Board of County Commissioners, the Airport consultants advised the Board that it would be between three and six months before the County could expect to have a confirmation of the FAA's participation in this project and any reimbursement from grant funds is received. At that same meeting, I advised the Board, and they concurred, that before disbursing any funds on the basis of Section 4 of the Resolution that I would obtain an opinion from the County Attorney's office concerning the use of the Gas Tax funds for this purpose. If you have any further questions, please contact me. Danny L. Kolhage Clerk DLK:rls Enclosures cc: le • 0 1 • . , RESOLUTION NOa24 -1983 • RESOLUTION REAFPFIRMING THE PROVISIONS OF RESOLUTION 1268 - 1982 RELATING TO ACQUISITION OF A 40' STRIP OF EXISTING S.R.5 R/W ADJACENT TO THE MARATHON AIRPORT; DIRECTING MONROE ,:`, . COUNTY'S CONSULTING ENGINEERS TO UNDERTAKE REDESIGN OF AFFECTED AREA OF U.S.1/S.R.5 AND FILE GRANT APPLICATIONS } * • WITH STATE AND FEDERAL AGENCIMS; PROSCRIBING PROCEDURES • " . ., , FOR SAME; PROVIDING FOR INTERIM AND PERMANENT FUNDING r " FOIL ENGINEERING SERVICES AND CERTAIN AIRPORT - RELATED IMPROVEMENTS; REQUESTING THE FLORIDA DEPARTMENT OP , TRANSPORTATION TO CONSIDER ACCELERATING ACTUAL SCHEDULED CONSTRUCTION OP THE MARATHON AIRPORT AREA U.S.1 /S.R.5 FOUR LANINO PROJECT. , a WHEREAB,'pursuant to Resolution / 288 - 1982, pawed and adopted on the 18th • Day of October, A.D. 1982, r " � by the Board of County Commissioners of Monroe County • ; Florida, The Florida Department of Transportation has indicated its Intent to quit- ! claim, in favor of Monroe County, Florida, • 40 foot strip of FDOT right-of-way for "State Project No. 90040 -1508, WPI 18118805, four- Ianing of U.S.1/13.R.$ adjacent to the Marathon Airport, and WHEREAS, as a condition precedent to the conveyance of such right- of-way - s` • strip to Monroe County, the Florida Department of Tr :, , � '. • ansportation has requested that Monroe County assume responsibility or y Y payment of necessary engineering costs that . will be required to accomplish a complete redesign of the 1978 existing design configuration of said segment of U.S.1 /S.R.5 and, 11, u. WHEREAS, the Federal Aviation Administration, In consideration of benefits J •4: accruing to, that agency by virtue of the additional facilities to seeve,the Marathon ,;Y� Airp:,rt that will be created on the newly expanded xpanded Marathon Airport property after , the conveyance of such 40-foot strip, has indicated Its willingness to consider, upon wt1U - 5 t4 , ! 3f the filing of a proper grant r • 'ration with the FAA, to reimburse Monroe County for such engineering coats, and, ',`? ,;•,,,,.., ' WHEREAS, the revised design concept of the 4 -lani � project fronting along the r �• ' •" ",'" Marathon Airport, including the facilities to be oonatruoted within the 40 -foot strip, the cost of which will also be the subject of a grant application to the Federal ' Aviation Administration as these facilities will serve the Marathon Airport, have been conceptually presented to the Marathon Chamber of Commerce and the Marathon Organization to Revitalize the Environment and such concepts have been favorably } ,x . d • received by those organizations, thu3 re :� • presenting a general consensus of the community, now, t� Y� , th erefore, ,..tom BE IT RESOLVED BY 7 BOARD OF COUNTY COMMISSIONERS OF MONROE . COUNTY, FLORIDA, THAT; • 1. The provisions of Resolution 8266 -1982 are hereby reaffirmed and - • readopted by the aforesaid Board of County Commissioners of Monroe County, Florida. - • x . • wy p • • • - • . . . . .: • -." xk , , expedite the redesi of the Marathon Airport/S.R.5 4- laving • - 2. In order to a project, the Board of County Commissioners of Monroe County, Florida hereby directs Its general consulting engineering firm, Post, Buckley, Schuh do Jernigan, Inc., which , • ` said firm was duly selected pursuant to provisions of S2$7.055 P.S., under the terms of • ',„ • • Tom` the �dsting continuing contract entered into b and between the Board of County _ l+r Commissioners of Monroe County, Florida and said firm dated A r • pril 21, 1981, to ; .Y, • develop the final scope of services for such redesigns l jeot with the Florida - Tr ' .;,..1.,...3,,, Depart Y mentof Transportation staff in coordination with the offices of the Monroe gra County Administrator and the Director of Public Works. 3. It is expressly acknowledged and directed by the Board of County , , . Commissioners of Monroe County, Florida, that the des , IQs work to be accomplished by .. , • its general consultant, PBS&J, Inc., for the aforementioned project shall be under the ,' • direction of the Florida Department of Transportation in coordination with the Federal • . y t * ,'�� J y; • Aviation Administration and the Monroe County Directors of Public Works and, , j y,+ rt ,, ' Airports and, further, that such design work shall be in accordance with appropriate * k'4 ± : PDOT, Monroe County and FAA standards and procedures. C Y V ' • Y . 4. The office of the Clerk to the Board of County Commissioners of Monroe f . , ` • ,r %• v Co Florida le hereby directed to advance the engineer cos when ,�; , ►y v ', ti. sivyyriate , : i , ° ; ym ,+ J for the aforementioned project from the Constitutional Gas Tax and/or � the � 1;� , 2 y *' . ' � � Local i rr, Option Gu Tax elements of the Monroe County Transportation Trust F ' bject , ; r ' , fed ....' # i " f",,,,,,.::, C however, to reimbursement thereof from antic! r pa grant funds to be received from a 3 ') Y the Federal Aviation Administration. ji 01r 5. The duly selected Monroe County Airports consul � engineer in firm ?a 1:, ti; , R � i BRd<R Associates, Inc., In coordination with Monroe County staff and PBS&J, Inc. • � ,. • : r, yr , is hereby authorized and directed to complete and file, on behalf of the Board of `'✓Fw• a ' County Commissioners of Monroe County, Flor , . lea, grant appllcaUons with the Federal ,: Aviation Administration and the Florida Department of 'Transportation, anspoe on, u appropriate, ; °? ., for reimbursement to Monroe County of the e , • e Y engineering costs associated with the i .: % "` '` • aforementioned project and for Federal/State participatory funding of the . ` � � construction costs for proposed lm ''a 2 pro vement s to be installed within the proposed 40' , �, : + , wide conveyance area adjacent to the Marathon Airport. � '.;, � 'A' r F �" ., 1. ,.• 1r a . .; .The Board of Count • • ' •, y Commissioners of Monroe C o u ui t y; Floeida� u beceby �fi Fr ;�� + � , • +r � requests that the Florida ; Department of , s. „ Transportation consider, in order to beewttty. , the U.S.1/S.R.S highway nd its fronta N Y go ores adjacent to the Marathon Airport at the •. • �`i�-, earliest possible time as a demonstration project, moving this project up in terns of Its projected construction contract letting date on the PDOT approved S year work • • 1� � + program list of tour- laning projects in the Marathon area, so that this project will be ' • ' • - -• the next one to commence immediately after the scheduled FY83 -84 Vaca Cut Bridge , to Cocoplum Drive four- laving project. t 4 14 , s: -,v'-,, t ,•re'w, s,::.•s.' .'; '` d -, ;, , „ 10� .t r e r y , , ,1 ti ° ,`' • 1 t,^ f- Passe� and adopted by the Board of County Commissioners of Monroe County, t i ;�! � . , Florida, Flaeida a regular meeting of said Board held on the 24th day of July, A.D. 1983. , . • „ `x . l F`��t >, ” BOARD OP COUNTY COMMISSIONERS OF ;i' rurA MONROE COUNTY, FLORIDA ' ?� • cn r e .. i ". •, • S? �. 1147 , • i ' ' �', Mayor/Chairman V . t p. vt�41 � ,i , •. wd . t . i.:,, - 4'._� h; 4 - ,. } j,t r .. - •' �,. SEAL) , ,, • t ' Attest 8 4:4 . j r -. ' r CL ERK 19 f gi 0 r� I . 14, . r . ` • 1 C 42 , fFj + j APPROVED AS TO FORM AND ' . . , 2,; LEGAL SU FICIENCY • s . •iii 4 ,, R Attorney's Office ? "1 £, • • • I s ue • .--. ( .,..`:! 294 4G41 l . •' � ,� _ r K.,;) •r t ^ '..I 62 / 6 6 : 40 4 0.9400) 0 R A N) U it DATE: August. 15, 1984 TO: Danny L. Kolhage Clerk of the Circuit Court FROM: Sheri Smallwood Assistant County Attorney RE: Resolution No. 224 -1983 use of second gas tax By memorandum dated August 10, 1984, you have requested a legal opinion as to Section 4 of Resolution No. 224 -1983, G:hic_ ;section directs you to advance engineering costs required to • accomplish redesign of U.S. i /5. . 5 adjacent to the Marathon Airport from the Constitutional Gas Tax and /or the Local Option Gas Tax subject to reimbusement from anticipated grant funds be received from the Federal Aviation Administration. It appeer from the materials which you have provided to : e that the agencies involved ccntemplate a number of improvements to, at, and around the Marathon Airport. Eowever, it is my reading cf Resolution No. 224 -1983 and my understanding from talkin,; with ;/ou that Section 4 of said Resolution and the monies which you are thereby directec'. to adverrce relate exclusively to the 4 -la-:- ing of U.S. 1 /S.R. 5 adjacent to the airport. For purposes of this response I affirmatively assume subject to your pre -audit verification that none of the monies with which we are here concerned are to be expended for improvements to the airport itself or tc airport facilities. .) "ovisioa is made for '111e :,o- called second g s x tam• in Article XII, Section 9(c), of the Florida Constitution (1968) which section continued the secone ;as tax levied by Article 9, Section 16 cf the Constitution of 1885. Under the constitutic_:al provision, the proceeds of the second gas tax are, in part, alio- . sated among and remitted to the several counties of the state in accordance with certain formulae. Article XII, Section 9(c)(5) directs the counties to utilize the proceeds of the seccnd gas tax as follows: Memo to Danny L. Kolhage August 15, 1984 • Page 2 . .first, for the payment of obligations pledging revenues allocated pursuant to Article 9, Section 16, of the Constitution of 1385, as amended, and any refundings thereof; second, for the payment of debt service on bonds issued as provided by this para- graph (5) to finance the acquisition and construction of roads as defined by law; and third, for the acquisi- tion and construction of roads and for road maintenance as authorized by law." Turning to the Florida Statutes, we see that the constitu- tional gas tax is imposed by Section 206.41, Florida Statutes. Section 206.47(7), Florida Statutes, makes provision for the distribution of the constitutional gas tax to the respective boards of county commissioners of the counties "for the acquisi- tion and construction of roads ". The law provides that upon distribution of the secondary or constitutional gas tax monies, such funds are to be deposited into the county transportation trust fund. Section 339.083(1), Florida Statutes. No expenditures other than transportation expenditures authorized by law may be made from this fund. id. Section 339.09(1), Florida Statutes, prohibits the use of any funds available to any county from any gas tax revenues for any non- transportation purposes. See also Section 339.089 as to the use by counties of the surplus from the constitutional gas tax. Based upon all of the above and foregoing, it is my legal opinion that you do have legal authority to disburse funds from the constitutional gas tax in payment of expenditures arising from the acquisition, construction and maintenance of roads. Accordingly, it is my view that Section 4 of Resolution 224 -1983 is appropriate insofar as it authorizes you to advance engineering costs for the 4- laving of U.S. 1 /S.R. 5 adjacent to the Marathon Airport. • Having thus reviewed the law and reached a conclusion as to the secondary gas tax portion of your inquiry, I now direct my attention to the propriety of the use of monies derived from the local option gas tax for the purpose of 4- laning U.S. 1 /S.R. 5 adjacent to the Marathon Airport. In 1983, the Florida Legislature enacted Section 336.025, Florida Statutes, authorizing counties to impose so- called local option gas tax. The legislature provided, in Section 335.025(1)(c), Florida Statues, that counties could only utilize the monies received and collected from the local option gas tax for transportation expenditures. The term "transportation expenditures" is defined for purposes of Section 336.025, above, in Section 336.025(7), Florida Statutes, as meaning expenditures by a local government for the following- programs: Marx) to Danny L. Kolhage • Auusi: 15, 1984 Page 3 "(a) Public Transportation operations and maintenance. • • (b) Roadway and right -of -way maintenance and equipment. 1 (c) Roadway and right -of -way drainage. (d) Street Lighting. (e) Traffic signs, traffic engineering, signalization, and I pavemefit markings. i (f) Bridge maintenance and operation. (g) Debt service and current expenditures Tor transporta- Lion capital projects in the foregoing program areas, including construction or reconstruction of roads" Monies derived from the local option gas tax are statutorily 1 required to be placed in the county transportation trust fund pursuant to Section 339.083(1), above, and the limitations on the uses of such funds imposed by Sections 339.083(1) and 339.09(1), ! above, would pertain. Based upon all of the above and foregoing, I am of the •• opinion that it is legally proper for you to advance the engineering costs connected with the 4- laning of U.S. 1 /S.R. 5 provided in Section 4 of Resolution No. 2 -1983, from the local option gas tax element of the Monroe County Transportation Trust Fund. In offering these views for your consideration, I have not i overlooked and I am not unmindful of the fact that it is provided in Section 4 of Resolution No. 224 -1983 that payment by you i pursuant thereto is made subject to reimbursement from antici- pated grant funds to be received from the Federal Aviation Administration. Because of the limited resources available in this office, I am unable to research and comment upon the potential availability of monies from the Federal Aviation. Administration. However, I have no reason to believe that your i authority in this regard would he circumscribed by the receipt of i grant funds from the Federal Aviation Administration, the 1 distribution thereof being governed by other and different law. v)hU- c�7r1C.9 , f SHERI SMALLWOOD Assistant County Attorney 1 y • ; i SS /brp ` 3