HomeMy WebLinkAbout1(c) Ordinance No. 017-20124
t -
ORDINANCE NO. 017 - 2012
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, 2033; PROVIDING LIMITS ON THE
USE OF THE FUNDS AFTER 2018 UNLESS WASTEWATER PROJECTS
ARE IN PROGRESS AND FULLY FUNDED; PROVIDING THAT SUCH
EXTENSION IS ONLY EFFECTIVE IF APPROVED BY THE COUNTY
ELECTORATE VOTING IN THE NOVEMBER 6, 2012 GENERAL
ELECTION; 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; 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 a capital asset for which the infrastructure surtax could be
experided; 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 for 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
ORD Extend fnfrutructwe Sala Tax to 2033 Page I of 3
RevisEb 7l23l12 KP(per SOCC7118112)
WHEREAS, obsolescence and age will periodically require changes and improvements
to existing infrastructure throughout the Florida Keys;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section L Sea 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, 2033.
Section 2. 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,
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 stoma water through December 31, 2018. Effective January 1, 2019, the funds
so collected and interest accrued thereto shall be used only for wastewater, including payment of
any wastewater infrastructure debt, until such time as the governing body of the county or
municipality detenmines that the necessary wastewater projects are completed or in progress and
fully funded, after which, use of remaining funds collected pursuant to this article shall be
available in that jurisdiction for all purposes 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 the 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
11 of F.S. ch. 163; and all wastewater projects described in subsection (a) above have
been completed or, if not completed, are under construction and are fully funded as
determined by a majority vote of the governing body of the county or particular
municipality.
ORD Extend ln$amuc= Sales Tax to 2033 Page 2 of 3
REVISED 7&VI2 KP (per aOCC 7118112)
Section 3. 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
November 6, 2012 general election:
REFERENDUM ON EXTENDING THE ONE CENT
INFRASTRUCTURE SALES TAX THROUGH 2033.
Shall the existing one cent-infrastructure sales tax be extended through 2033
(it otherwise expires in 2018) with the proceeds used for the following
projects: wastewater facilities and, only if those wastewater projects are
completed or fully funded, recreation and conservation lands, marinas,
courthouses, parking, offices, roads, bridges, airports, libraries, piers,
auditoriums, rsprap /seawalls, solid waste, jails, policelfire facilities, land
acquisition, storm water, and any public purpose authorized by law?
For the one cent sales tax extension
Against the one cent sales tax extension
Section 4. NOTICE TO DOR. If the referendum is approved at the general election on
November 6, 2012, 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 November 16, 2012.
Section 5. 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
a 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 6. 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 7. 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 - 3vlop or aunty
Florida, at a regular meeting of said Board held on the 18 day of July, 2012.
Mayor David Rice Yes r o
Mayor Pro Tern Kim Wigington Yes a, o
-Commissioner Heather Carruthers
(.`Commissioner George Neugent
• Commissioner Sylvia Murphy
`', • •::(SEAL) --
`. Att . KOL GE, Clerk
By -lam 1
Deputy Clerk
ORD Extend kfrastrucauo Sales Tax to 2033
REVISED W-912 xP
Contued police Ref Q tine 6
(BOCC7 /18112 P4)
Yes
Yes ": _
Yes Vi c. ° • o
f71 N ;;0
BOARD OF COUNTY COMMLS'SIONMERS
OF MONROy A
By
Mayor /eKirperson
Page 3 of 3