Tab 1A Ordinance 013-1989DEC -23 -02 16=10 FROM =MObIROE COUNTY A'STY OFFICE I0=3052923516 PAGE 2%S
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- _ EXHIBIT A
Monroe County Commisalon.
i
ORnIiVANCE NO. 013-1989
AN ORD INANCE DECLARI THAT AN 'EMERGENCY
EXISTS AND WAIVINO NOTICE BY A FOUR FIFTH'S
VOTE; I.EVYItt�: ,iiN A�.L OF MONROE COUNTY A ONE
CENT SELLS TAX'. StiRTA ; - PROVIDING FOR ._ A
FOO' A FOR ItHt . I§TRTBTJTIPN OF REVENUES SO.
COQ L C"EEi3 : 3E fr7_w! tVIE COUNTY AND THE VARIOU
N 11UNSCIPALITIES" WITHIN -THE COUNTY; PROVIDING
TH.&T - n4E SZI11TAX S14ALL BE COLLECTED FO A
�.� PEi I0U t]1 ` I T EN ` .1 YEAR COMMENCING ON
L NOVEMBER 1, 1989; PROVIDING THE EXI?EN1]ITUR
�7F 'THE R' V CO°LLEdtED ON CERTAIN CAPITAL
_tRd- kCTS''G] It1 -A t lFE EXPECTANCY' IN EXCESS OF
Z3 : ' ,,FIVE - YEARS- PROV DING THAT THE REVENUES
BY. THI ORDINANCE SHALL. NOT BE USED TO
c` i ... 'r ;7UCE A-b VALOREM TAXATION OR USER FEES
:CNct DiNp, IMPACT FEES. IN EXISTENCE_ ON OCTO-
13ER ill :1989. • ' PRO''gIDING' `FOR. THE PLEtD ING OF
RUVE[0UES EO I�A-1 S'E . FOR BONDED ', INDEBTEDNESS;
PROV` DIV FOit 'T.NCOi t 6E tAT"TON INTO THE 'MONAOE
COUmTY c6pvt or 00tNANC S; PROVIDING FOR THE
R15PEAL OF , At L. - ORDIC�ANCES OR FARTS OF ORDI-
NANCES INCONS STE�+I'1"'`,HEREWITH; AND PROVIDING
FOR AN EF7E" IVT DATE AND REFERENDUM APPROVAL
BEFORE TIE SATES TAX SURTAX MAY BE COLLECT-
L
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 approv'& the Qrdinance; now, therefore,
BE IT ORDAINED ISY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1. An emergency is hereby declared and
waivad 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.
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DEC -23 -02 16.10 FROM.MONROE COLfNSY ASSY OFFICE ID X3052923516 -
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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_
Secti 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 -,
narnce, 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. That 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 =nicipalities may join together for the issuance of
suc:i 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 invalldity.
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DEC -23 -02 16.11 FROM•MONROE COUNTY ATTY OFFICE I0.30s2923sls - PAGE 4�6
Section 9. -If approved by the electorate under Section
11, then all ordinances or ports of ordinances in conflict with
this ordinance are hereby repealed to the extent of such con- -
fIlct.
section 10. The provisions of this ordinance shall be
included and incorporated in the Code of Ordinances of the County
of Nonroe. Florida, if the ordinance is approved by the
electorate under Section 11.
Section 11. This ordinance shall take effect on Novem --
bar 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 C ent Sales Tax Within All of Monroe
County.
Should there be levied. for fifteen. years within rho
unincorporated areas of Monroe County, Florida. and the
cities of Layton. Key Colony Beach and Key West, an
additioual one cent sales tax which shall be used for
funding capital infrastructure project's 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
AgaJ,nsr the one cent sales tax
If this ordinance is approved by the voters in the referent"*:�
dum required by this section, the Florida Department of Reveriue r_' _
shall be notified within teu days of August 8, 1989_
Section 12. A copy of this ordinance shall be sent by'
special delivery registered mall. to the Ofti_ce of the Secretary
of State, State of Florida, but such posting shall not alter the
referendum requirement of Section 11_
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DEC -L-23 =02 1E: 1 - FROM - a MONR'OE COUNTY F ATTY OFFICE IDi3osasaa616 PAGE 6%S
PASSED AND ADOPTED by the Board of County Con=issLoners of
Monroe County, Florida, at a regular meeting of said Board, held
on the day of May, A.D. , 1989. ;
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
;
(SEAM.
Attest: DANNY , I;O_ RAGA Clerk
plo
er k
ADOPTED:
EFFECTIVE DATE:f /-- /— �p
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4PPROVEDAS TO I C* M
NLJ L6 r l SUFFICIENCY.
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