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HomeMy WebLinkAbout1(d) Ordinance No. 023-2012C ORDINANCE NO. 023 - 2012 AN ORDINANCE OF THE BOARD OF COUNTY COMM SSIONERS OF MONROE COUNTY, FLORIDA AMENDING ORDINANCE NO. 017-2012 APPROVED JULY 18, 2012; PROVIDING CLARIFICATION REGARDING USE OF THE FUNDS AYM 2018; 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 Ordh mce 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 expended;and WE[ S, the Board of County Commissioners of Monroe County adopted Ordin=ce No. 01-2000 to extend the infiwtruchtre 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 t WHEREAS, on July 18, 2012, at the end of the third public hearing on this matter, the County voted to extend the infrastructure surtax to December 31, 2033, subject to referendum at the November 6, 2012 general election; and WHEREAS, pursuant to a request made at the July 18, 2012 public hearing by members of the Key Largo Wastewater Treatment District Board, language was added to the body of the ordinance in the section governing permissible uses; and WHEREAS, it was realized after the public hearing that there could be unintended consequences of the language added after the word "wastewater", to wit: "including payment of any wastewater infrastructure-debt '; and WHEREAS, the added language could be interpreted to preclude any other use of the infrastructure sales tax as long as there is any existing wastewater infrastructure debt; and WHEREAS, it is determined to be' in the best interest of the public that the added language be modified slightly to prevent such interpretation; and ORD Amaad Ord - 2012 Ext In$asxucD= Saks Tar Page Y of 3 to 2033 x/24112 XP - App to AdvPH BOCC 9 1512) WEMIEAS, many local government entities financing wastewater improvements have relied to some degree on non -ad valorem assessments, payable over as much as twenty years, in order to obtain from individual property owners a portion of the system development costs, also utilizing other funding mechanisms such as pledging or utilizing such annual assessments to service long -term debt, as well as other legally available revenues and grants from federal and state sources; and WHEREAS, the Board of County Commissioners, in voting for Or&nance No. 017 — 2012, intended• to allow any pre - existing wastewater infrastructure debt to be paid from that portion of the infrastructure sales tax which can lawfully be so paid by a county designated as an area of critical state concern; and V4HALEAS, the Board of County Commissioners, in accepting proposed language of Key Largo Wastewater Treatment District, but retaining the language that projects are "completed or fully funded," intended that any wastewater project for which debt has been issued in an amount that is sufficient, together with any other designated funds, would be considered "fully funded" under Ordinance No. 17 -2012 and did not intend that all such debt be fully paid before any other permissible use could be funded with the infrastructure sales tax generated after December 31, 2018; S NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMMSSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Section 23- 145(a) 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 Iands, 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 until such time as the governing body of the county or municipality determines 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, including payment of any wastewater infrastructure debt which can be lawfully paid by such funds. S ection 2 SEVh:RABELITY. 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_ Sectiou 3. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. ORO Mond Ord - 2012 Fed rnfi%*ac6= Sdes Tax Page 2 of 3 to 2033 (7/24112 KP - App to AdvPH BOCC 9 1512) Section 4. 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 21st day of satember $ 2012. Mayor David Rice Y Mayor Pro Tem Kam Wigington Yes Commissioner Heather Carruthers Yes . i Commissioner George Neugent Yes Commissidner Sylvia Murphy Yes (SEAL) BOARD OF COUNTY COMMISSIONERS By e - E, Clerk OF M ©NROEf ' �C, F E2IDA - B y Deputy Clerk Mayor/ lrperson u CY- M C^ CJ ..7• .4 f-: •. C Cn -- - O CD, �.. 1L N CD .� _JF J 7 / �rz ORD Amend Ord 17 - 2012 Ext Ineutrudurc Sala Tax Page 3 of 3 to 2033 (7241)2 KP - App to Adv PH BOCC 8 15 12)