1(a) Ordinance No. 013-1989i , ., I''
Monroe County Commission
'I . .
ORDINANCE NO. 013 - 1989
AN ORDINANCE DECLARING THAT AN EMERGENCY
1EXISTS ACID -WAI!VItW - BY A FOUR-FIFTH'S
VOYE LEVYING, 114 ALI;— 6F 14ONROB COUNTY A ONE
CENT SALES A-X sVkUX; PROVIDING FOR - A
I�ORMDLA-• FOR tjRt' T�I§TI�IBUTIQN OF REVENUES SO.
CO T tt4 BE1'0r_,tN TOO COUNTY AND THE VARIOUS
I', CIP .. AL - ftE!9: 7 - 1 . "I * - - '.THE COUNTY; ; PROVIDING
THE SfJJ'.A S W L BE COLLECTED FOR A
PkRift OF F .7EE, (I.S.) YEARS COMMENC ON
t40VEM6ER.
E-l '- I * 19 ID THE EXF.ENDITURE
9.9-
T R iNUZJ 6 'A o CTED ON CERTAIN CAPITAL
EXCESS OF
YEARS; P X_G THAT THE REVENUES
13Y. T•t."q Q DINAVCE !§IiALL NOT BE USED TO EpUCE AD V.*A7,OREM TAXATION OR USER FEES r NctfmiNd 11-9 IN EXISTENCE_ ON OCTO-
BEg�Ei.,
I ,. 'j NG - FOR, THF_ PLEDGING OF
_
IREwlox)ES SO. RAISED OR -BOVb9D : INDEBTEDNESS,
PROVIDING * tOit "INdOA ]'OR INTO THE "MONROE
COUNTY
PROVIDING OF oR PROVIDING FOR THE
iZEP AL Off` Af.L OR PARTS OF ORDI-
NANCEIS t!9(j6NS.JE§ttNT- AND PROVIDING
FOR- . li � in?, REFERENDUM APPROVAL
BEFORE T SALES TAX SURTAX MAY BE COLLECT-
UD.
WHEREAS, it Is desired to bold a referendum on whether to
impose a 12 sales surtax in all of Monroe County. Florida; and
WHEREAS, it is desired to bring the sales surtax for a vote•-*
of the electors an 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 Off of
the Supervisor of Elections to prepare the ballots for the
election, time I& of the essence in having the Board of County
cou=Isslo-nevs approv& the Qrdinance; now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1. An * emergency is hereby declared and notied:
Wei-vad by a four-fifrb.'s vote.
Section 2. There is hereby levied in the unincorporated
and incorporated areas of Monroe County. Florida, a sales surtax
oZ 12 an rbose transactions taxable under F.S. 212.054.
... ... I - It
OMC-23 -02 is. 10 rp-OM•M034W69 ddiiR kfS ai - rFia - n i-5-.-,3Os2923S16 * PA679,
Section 3. Thu funds collected pursuant to this ordi-
nance shall be distributed among the various municipalities and
I
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 S. Thal funds so - collected, and interest accrued
thereto, shall be expend&d within the unincorporated areas of
Monroe County and the * various municipalities for the follow1ug
capital infrastructure projects all of wh:U--h have a life.
expectancy in excess of fifteen years such as: recreational
facilities, cou=rho parking, offices. roads, *bridges,
airport improvements, libraries. p:Lbrs auditoriums, r1prap/
seawalls, Groxm sewers, solid waste facilities, Jails and
police/fire facilities.
Nothing contained In this seer-ion, however, shall be con-
strued to prohibit the hI=Ing of out -of•county or out-of-city
contractors or subcontractors or construed to prohibit the
purchasing at any necessary material outs1de of the county or the
various municipalities.
Section 6. No funds collected pursuiint: to this ordi-
namce, a= any interest accrued thereto, shall be used to replace
any user fees, Including impact fees, or to reduce ad • alorem :
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 'Aborid proceeds, less admlnistra fees and
expenses, may only be utilized for the purposes Pet 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 mmnlcipalltie s may join together for the Issuance of
such bonds.
Section 8. If any Sectidn, subsection, sentence, clause
or provision of this ordinance Is held invalid, the remainder of
this ordinance shall not be affected by such invalidity.
DEC- 2 i 2 i i��6ti m giFN FT'i i ffO 90 S i Ei
. Sectlan 9. -If approved by the electorate under Section
11, then all ordinances or parts of ordinances In conflict with
this ordinance are hereby repealed i:o the extent of such con-
f 11 at.
section 10. The provisions of this ordinance shall be
included and incorporated in the Code of Ordinances of the County
of 1-ion-roo, Florida, if the ordinance is approved by the
electorate undet Seat:loh 11.
Section 11. This ordinance shall take effect on Wovem-
be-27 i. 3.989, contingent upon the approval of a majority of the.
electors -voting In a city and county -wide referendum on whether,
to :Empose the surtax. Such referendum shall be held on August 8,
2989, and the referendum ques•-lon posed on the ballot shall be In'
substantially the following form:
Additional One Cant Sales Tax Within All of Mon-roe
County.
Should there be levied, for ;61:fteen years within the
unincorporated areas of Monroe County, Florida. and the
cities of Layton. Key Colony Beach and Xey West, an
additional one aent sales tax which shall be used for
funding capital infrastructure project's such as:
recreational facilities, cour-chouses, parking., offices,
roads, bridges, airport improvements, libraries, piers,
auditoriums, rIpwap/seawalls. storm sewers, solid waste
facilities, jails and police /fire facilities?
For the one Cent sales tax
Aga%nsv the one cent sales tax j
If this ordinance Is approved by the voters In the referbn.!..
dum required by this section, the Florida Depa of RaVaiiue'!
shall be nor!fjed ten days of August: 8, 1989.
section 12. A copy of this ordinance shall be sent by'
special delivery registered mall. to the Office of the Secretary
of State. State of Florida, but such posting shall not alter the
referendum requirement bf Section 11.
D£C= 23 =02° 16+ 1 "1 'FROM ° COUPITSC F ATTY - OF'F'ICE ZD:3W62'S23616 FAGS Wes
PASSED AND ADOPTED by the Board of Covxity Con=issloners of ~
Monroe County, Florida, at a regular meeting of said Board, held:"
an the •� � day of May, A.D., 1989.
SO4RD OF COUNTY COMMISSIONERS
�OF MONROE COUNTY, FLORIDA
ayor 'L' tai - rman
(SEAL)
Artest: z)ANNY t I;Q.LHAGF. Clerk
` LkI es It
ADOPTED •�"�✓ � / "�
EFFECTIVE 'DATE;
artir:
APPROVED AS TO IMAM
.ANO "GAL SVFF1Crvv0r..
Attorney L a Wit0
.r.