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Item A1 County of Monroe BOARD OF COUNTY COMMISSIONERS ,Q 73'r \ Mayor Sylvia Murphy,District 5 wu Mayor Pro Tern Danny Kolhage,District 1 The Florida Keys Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting September 30, 2019 Agenda Item Number: A.1 Agenda Item Summary #6157 BULK ITEM: No DEPARTMENT: Assistant County Administrator Kevin Wilson TIME APPROXIMATE: STAFF CONTACT: Kevin Wilson (305) 292-4441 3:00 P.M. PUBLIC HEARING AGENDA ITEM WORDING: A public hearing to consider approval of an emergency Ordinance to extend the six-cent local option County fuel tax in accordance with Section 336.025, Florida Statutes. ITEM BACKGROUND: The Department of Revenue advised that the authorization for collection of the six cents fuel tax in Ordinance 16-1989 expires in September 2019. To continue collecting and disbursing the fuel tax, the County must extend the fuel tax before 1 October 2019. The Ordinance presented for approval extends the six cents fuel tax. The estimated revenue from these six cents is $1.4 million/year. The other fuel taxes levied by the BOCC in Ordinances 015-2009 and 016-2009 are not affected by this proposed Ordinance. PREVIOUS RELEVANT BOCC ACTION: Ordinance No. 16-1989 approved extension of the six-cent "gas" tax authorized by F.S. 336.025(1)(a). 12/19/2007 (item Q-13) BOCC tabled to 2/20/2008 BOCC 02/20/2008 (item P-2) BOCC denied request to hold Public Hearing 03/19/2008 (item N-15) BOCC approved advertising Public Hearing for 4116/08 , 04/16/2008 (item Q-2) Public Hearing - Motion to Adopt failed due to lack of a four-fifths vote (3-1) 01/28/09 (Item 0-4) BOCC approval to hold Public Hearing 3/18/09 in Marathon 03/18/09 (item Q-3) BOCC continued public hearing to 5/20/09 in Key Largo 05/20/2009 (item R-5) BOCC approved Ordinance 016-2009 levying 3 additional optional fuel taxes (7'h through 9th cents) under F.S. 206.41(1)(e) 05/20/2009 (item R-6) BOCC adopts Ordinance 015-2009 levying 9th cent optional motor and special fuel tax under F.S. 206.41(1)(d) CONTRACT/AGREEMENT CHANGES: NO STAFF RECOMMENDATION: Approval DOCUMENTATION: STAMPED WITH EDITS Ordinance extending 6 cent gas tax 9 30 19 (INCLUDES DOR EDITS) STAMPED CLEAN FINAL (without edits) Ordinance ext six cents gas tax 9 30 19 (includes DOR edits) DOR Revenue estimates for six cent fuel tax Ordinance 016-2009 Ordinance 015-2009 Ordinance 026-1989 Ordinance 016-1989 EXECUTED Ordinance No. 033-2019 ext six cents gas tax; written receipt by Dept. of State 9/30/19; Clerks 9/30/19 transmittal of a certified copy to DOR FINANCIAL IMPACT: Effective Date: 30 September 2019 Expiration Date: N/A Total Dollar Value of Contract: N/A Total Cost to County: N/A Current Year Portion: N/A Budgeted: Yes Source of Funds: Fuel taxes CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: Yes If yes, amount: approximately $1.4 million/year Grant: N/A County Match: N/A Insurance Required: N/A Additional Details: N/A N/A REVIEWED BY: Kevin Wilson Completed 09/29/2019 4:34 PM Christine Limbert Completed 09/29/2019 6:45 PM Budget and Finance Completed 09/30/2019 10:29 AM Maria Slavik Skipped 09/29/2019 4:21 PM Kathy Peters Completed 09/30/2019 11:28 AM Board of County Commissioners Completed 09/30/2019 3:00 PM ORDINANCE NO. -2019 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA EXTENDING THE CURRENT SIX CENT MOTOR AND SPECIAL FUEL TAX PURSUANT TO SECTION 336.025(1)(a), FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,Monroe County currently imposes a six-cent local option gas tax upon every gallon of motor fuel and special fuel sold in the County pursuant to Florida Statute Section 336.025(1)(a) and Monroe County Code Section 23-230 et. seq.; and WHEREAS,Monroe County Board of County Commissioners(BOCC)passed Ordinance No. 16-1989 imposing the 6-cent tax, as codified in Monroe County Code Section 23-230,et. seq.; and WHEREAS, an additional three-cent local option fuel tax was imposed via Ordinance 015-2009 and 016-2009, which restated the 6-cent tax and that was intended to extend the 6-cent tax at that time,but a new 30-year date was not specifically stated; and WHEREAS, the Florida Department of Revenue advised County officials on Friday September 28`h, 2019 that they concluded that the authorization for the levy and collection of the six-cent fuel tax in Ordinance 16-1989 expires in September 2019; and WHEREAS,the estimated revenue from the six-cent fuel tax is$3.1 million per year; and WHEREAS, the County has anticipated the continued collection of these funds as part of its budget process; and WHEREAS, in order to continue collecting and disbursing the fuel tax, the County must extend the fuel tax before October 1 to be effective January 1 of the following year in accordance with F.S. 336.025; and WHEREAS, passage of this Ordinance necessitates this special meeting being called and passage of this ordinance on an emergency basis pursuant to Section 125.66(3), Florida Statutes; and WHEREAS, On September 29, 2019, the County issued a press release notifying the public of the Monday September 30, 2019 special meeting at 3:00 p.m. in the Marathon Government Center. Notice of the meeting was posted to the County's website site and the County's social media outlets. Notification of the meeting was sent to all local media outlets and was announced on U.S. 1 radio news updates; and • Page 1of3 WHEREAS, the other fuel taxes (ninth cent authorized by Section 206.41(1)(d), F.S. and the 3-cent additional tax authorized by F.S. 206.41(1)(e)levied by the BOCC respectively in Ordinances 015-2009 and 016-2009 are not affected by this proposed Ordinance; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA: SECTION 1: The Board finds that the expiration of the six-cent local option gas tax under the circumstances set forth in the whereas clauses above, which are hereby incorporated herein as findings of fact, constitutes an emergency and therefore waives the notice requirements of F.S. 125.66(2) by at least a four-fifths vote. SECTION 2: Section 23-230,Monroe County Code shall be amended to read: 23-230 Imposed. Under the authority of Section 336.025(1)(a),F.S.effective September 1, 1989,and as extended September 30, 2019, there is hereby imposed a six-cent gas tax upon every gallon of motor and special fuel sold in Monroe County, including the municipalities therein, and taxed under the provisions of F.S. ch 206, pt. I (F.S. § 206.01 et seq.) or F.S. ch 206,pt.II(F.S. § 206.85 et seq.). SECTION 3: Section 23-232, Monroe County Code shall be amended to read: Sec. 23-232. -Effective period. The tax levied in section 23-230 shall remain in effect for a period of 30 years from September 1, 2019 until August 31, 2049, unless rescinded by the Board of County Commissioners. The tax may be rescinded before August 31, 2049, only if the rescission shall in no circumstances materially or adversely affect the rights of the holders of bonds backed by the tax and outstanding on the date of rescission. SECTION 4: SEVERABILITY. If any portion of this ordinance is for any reason held invalid or declared to be unconstitutional,inoperative or void, such holding shall not affect the remaining portions of this ordinance.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 5: 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 6: INCLUSION IN 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. SECTION 7: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with the Department of State and shall be effective as provided in section 125.66,Florida Statutes. Page 2 of 3 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a special meeting of said Board held on the 30th day of September, 2019. Mayor Sylvia Murphy Mayor Pro Tem Danny Kolhage Commissioner Michelle Coldiron Commissioner Heather Carruthers Commissioner David Rice (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY,FLORIDA By By Deputy Clerk Mayor/Chairperson MONROE COUNTY ATTORNEY CHRISTINE LIMBERT-BARROWS ASSISTANT COUNTY ATTORNEY DATE: 01301 IR Page 3 of 3 Calculated by the Florida Department of Revenue's Office of Tax Research Local Option Fuel Taxes Revenue Estimates for the Local Fiscal Year Ending September 30, 2020 1 to 6 Cents Local Option Fuel.Tax . 1 to 5 Cents Local Option Fuel Tax Imposed on Motor and Diesel Fuels Imposed on Motor Fuel Only , . FY 2018-19 FY 2019-20 FY 2018-19 FY 2019-20 Motor Fuel Distribution :Distribution Estimated Motor Fuel Distribution Distribution Estimated Local Government Tax Rate Methodology :Percentage Distribution Tax Rate Methodology Percentage Distribution Florida City 0.2740000 $ 184,705 0.2410000 $ 71,114 Golden Beach 0.0410000 $ 27,638 0.0360000 $ 10,623 Hialeah 4.2290000 $ 2,850,799 3.7140000 $ 1,095,921 Hialeah Gardens 0.4310000 $ 290,540 0.3790000 $ 111,835 Homestead 1.4120000 $ 951,839 1.2410000 $ 366,192 Indian Creek 0.0070000 $ 4,719 0.0060000 $ 1,770 Key Biscayne 0.2340000 $ 157,741 0.2050000 $ 60,491 Medley 0.0940000 $ 63,366 0.0830000 $ 24,491 Miami 8.3030000 $ 5,597,111 7.2920000 $ 2,151,711 Miami Beach 1.5720000 $ 1,059,696 1.3810000 $ 407,503 Miami Gardens 2.4870000 $ 1,676,504 2.1840000 $ 644,451 Miami Lakes 0.6100000 $ 411,205 0.5360000 $ 158,162 Miami Shores 0.2940000 $ 198,187 0.2580000 $ 76,130 Miami Springs 0.4190000 $ 282,451 0.3680000 $ 108,589 North Bay Village 0.1430000 $ 96,397 0.1260000 $ 37,180 North Miami -_ _ 1.1760000 $ 792,750 _.1.0330000 $ 304,816 North Miami Beach 0.9410000 $ 634,335 0.8260000 $ • 243,735 Opa Locka 0.3440000 $ 231,893 _.-.-0.3020000 $ 89,114 Palmetto Bay 0.6410000 $ 432,103 __ 0.5630000 $ 166,129 Pinecrest 0.5260000 $ 354,580 '0.4620000 $ 136,326 South Miami =_-- -= 0.2910000 $ 196,165 _0:2560000 $ 75,540 Sunny Isles Beach - - 0.3370000 $ 227,174 - 0.2960000 $ 87,343 Surfside 0.1120000 $ 75,500 0.0990000 $ 29,213 Sweetwater 0.3930000 $ 264,924 0.3450000 $ 101,802 Virginia Gardens 0.0500000 $ 33,705 0.0440000 $ 12,983 West Miami 0.1330000 $ 89,656 0.1170000 $ 34,524 Countywide Total 00 0000000 6 4 0 3 . ._ __e .. ___. .v1,0P_f10.00000-$--9_9.5nL829_ MONROE BOCC $ 0.06 Interlocal' 60.5000000 .'.. 1,290,538 $ 0.03 Interlocal 45.2100000 '$ 626,096 Islamorada 0.0000000 $ 294,500 9.0600000 $ 125,468 Key Colony Beach 2.0000000 $ 61,447 1.0900000 $ 15,095 Key West 36.5000000 $ 1,121,407 31.2100000 $ 432,215 Layton 1.0000000 $ _ 30,723 _ 0.2600000 $ 3,601 Marathon 0.0000000 $ 273,733 13.1700000 $_ 182,386 Countywide Total 100.0000000 $ 3,072,349 100.0000000 $ 1,384,862 NA„Au nui.i.... • . $ U.Ub , uetauit 55.bubbuuu •$ . 1,43sg1b5 `• 0.05- -Default 85.6065000 •$ • 1,654,181 Callahan 0.7494000 $ 21,300 0.7494000 $ 14,481 Fernandina Beach 9.0497000 $ 257,216 9.0497000 $ 174,868 Hilliard 4.5944000 $ 130,585 4.5944000 $ 88,778 Countywide Total 100.0000000 $ 2,842,255 100.0000000 $ 1,932,308 OKALOOSA BOCC $ 0.06 Default 64.0000000 IS 3,985,657 $ 0.03 •Default -64.0000000 •$ 1,793,916 Cinco Bayou 0.3828000 $ 23,839 0.3828000 '$ 10,730 Crestview 7.8062000 $ 486,138 7.8062000 $ 218,807 Destin 7.9133000 $ 492,808 7.9133000 $ _221,809 Fort Walton Beach 9.7956000 $ 610,030 9.7956000 $ 274,570 Laurel Hill 0.4593000 $ 28,603 0.4593000 $ 12,874 Mary Esther 1.9899000 $ 123,923 1.9899000 $ 55,777 Niceville 4.3618000 $ 271,635 4.3618000 $ 122,261 Shalimar 0.6124000 $ 38,138 0.6124000 $ 17,166 Valparaiso 2.6787000 $ 166,818 2.6787000 $ 75,084 Countywide Total 100.0000000 $ 6,227,590 100.0000000 $ 2,802,993 OKEECHOBEE BOCC $ 0.06 Interlocal 80.6600000 $ . 1,618,060 $ 0.05 Interlocal 80.6600000 $ 999,786 Okeechobee 19.3400000 $ 387,965 19.3400000 $ 239,721 Countywide Total 100.0000000 $ 2,006,026 100.0000000 $ 1,239,507 ORANGE BOCC $ 0.06 Interlocal - 63.5030000 $ 29,256,056 $ - Apopka 3.7865000 $ 1,744,454 Bay Lake 0.0018000 $ 829 Belle Isle 0.5100000 $ 234,959 Eatonville 0.1754000 $ 80,807 Edgewood 0.2012000 $ 92,694 Lake Buena Vista 0.0017000 $ 783 _ _ _ _ __ Maitland 1.3244000 $ 610,156 Oakland 0.2023000 $ 93,200 Ocoee 3.2782000 $ 1,510,278 Orlando 21.2949000 $ 9,810,635 Windermere 0.2197000 $ 101,217 Winter Garden 3.2696000 $ 1,506,316 Winter Park 2.2313000 $ 1,027,968 Countywide Total 100.0000000 $ 46,070,352 $ 6,450,059 OSCEOLA BOCC $ 0.06 Interlocal 62.5000000 $ 7,117,688 $ 0.05 Interlocal: 100.0000000 $ 8,597,777 2nd Revision:July 22,2019 Page 5 of 8 ORDINANCE NO. - 2019 AN ORDINANCEF THE BOARDF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA EXTENDING SIX CENT MOTOR AND SPECIAL FUEL TAX PURSUANTSECTION 36.025( )( ), FLORIDA STATUTES; PROVIDING V Y; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING IV ATE. WHEREAS,Monroe County currently imposes a six-cent local option gas tax upon every gallon of motor fuel and special fuel sold in the County pursuant to Florida Statute Section 336.025(l)(a) and Monroe County Code Section 23-230 et. seq.; and Monroe County Board of County Commissioners( OCC)passed Ordinance No. 16-1989 imposing the 6-cent tax, as codified in Monroe County Code Section 23-230,et. seq.; and WHEREAS, an additional three-cent local option fuel tax was imposed via Ordinance 15-2009 and 016-200 , which restated the 6-cent tax and that was intended to extend the 6-cent tax at that time, but a new 30-year date was not specifically stated; and WHEREAS, the Florida Department of Revenue advised County officials on Friday September 281h, 2019 that they concluded that the authorization for the levy and collection of the six-cent fuel tax in Ordinance 16-1989 expires in September 2019; and WHEREAS,the estimated revenue from the six-cent fuel tax is$3.1 million per year; and WHEREAS, the County has anticipated the continued collection of these funds as part of its budget process; and WHEREAS, in order to continue collecting and disbursing the fuel tax, the County must extend the fuel tax before October 1 to be effective January 1 of the following year in accordance with F.S. 336.025; and WHEREAS, passage of this Ordinance necessitates this special meeting being called and passage of this ordinance on an emergency basis pursuant to Section 125.66(3), Florida Statutes; and WHEREAS, On September 29, 2019, the County issued a press release notifying the public of the Monday September 30, 2019 special meeting at 3:00 p.m. in the Marathon Government Center. Notice of the meeting was posted to the County's website site and the County's social media outlets. Notification of the meeting was sent to all local media outlets and was announced on U.S. 1 radio news updates; and Page 1 of 3 WHEREAS, the other fuel taxes (ninth cent authorized by Section 206.41(1)(d), F.S. and the 3-cent additional tax authorized by F.S. 206.41(1)(e)levied by the BOCC respectively in Ordinances 015-2009 and 016-2009 are not affected by this proposed Ordinance; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: (Deletions indicated by additions indicated by underline.) SECTION 1: The Board finds that the expiration of the six-cent local option gas tax under the circumstances set forth in the whereas clauses above, which are hereby incorporated herein as findings of fact, constitutes an emergency and therefore waives the notice requirements of F.S. 125.66(2)by at least a four-fifths vote. SECTION 2: Section 23-230, Monroe County Code shall be amended to read: 23-230 Imposed. Under the authority of Section 336.025(1)(a),F.S.effective September 1, 1989,and as extended September 30, 2019, there is hereby imposed a six-cent gas tax upon every gallon of motor and special fuel sold in Monroe County, including the municipalities therein, and taxed under the provisions of F.S. ch 206, pt. I (F.& § 206.01 et seq.) or F.S. ch 206,pt. II(F.S. § 206.85 et seq.). SECTION 3: Section 23-232, Monroe County Code shall be amended to read: See. 23-232. - Effective period. The tax levied in section 23-230 shall remain in effect u4A , tembef 1, 2019 fo.....r_a_period of 30 years from September 1, 2019 until August 31, 2049, unless rescinded 1, 2019 by the Board of Countv Commissioners. The tax may be rescinded before&Tteffl.ber- 204-9 August 31, 2049, only if the rescission shall in no circumstances materially or adversely affect the rights of the holders of bonds backed by the tax and outstanding on the date of rescission. SECTION 4: SEVERABILITY. If any portion of this ordinance is for any reason held invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. 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 5: 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 6: INCLUSION IN 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. SECTION 7: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with the Department of State and shall be effective as provided in section 125.66, Florida Statutes. Page 2 of 3 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a special meeting of said Board held on the 30th day of September, 2019. Mayor Sylvia Murphy Mayor Pro Tem any Kolhage Commissioner Michelle Coldiron Commissioner Heather Carruthers Commissioner David Rice (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY,FLORIDA By By Deputy Clerk Mayor/Chairperson MONROE COUNTY ATTORNEY V AST R M: LL CHRISTINE LEIAB ET- ASSIST ANT C"jU7NTYA EY ' DATE: ;2, y L Page 3 of 3 ORDINANCE NO. 016 — 2009 AN ORDINANCE CLARIFYING THE STATUTORY AUTHORITY FOR THE CURRENT SIX CENT MOTOR AND SPECIALI FUEL TAX IN SECTION F.S. 336.025(1)(a); PROVIDING FOR THE DISTRIBUTION OF THE SIX CENT MOTOR AND SPECIAL FUEL TAX TO ALL MUNICPALITIES AND THE COUNTY; IMPOSING A THREE CENT LOCAL OPTION MOTOR FUEL TAX, AS AUTHORIZED BY F.S. 336.025(1)(b), UPON SUCH FUEL SALES IN ALL OF MONROE COUNTY, INCLUDING THE MUNICIPALITIES THEREIN, FOR A PERIOD OF THIRTY YEARS UNLESS EARLIER REPEALED BY THE BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR A METHOD OF COLLECTION OF THE TAX AND REMISSION OF THE PROCEEDS; PROVIDING THAT THE PROCEEDS MAY ONLY BE SPENT FOR TRANSPORTATION EXPENDITURES AS DEFINED HEREIN; PROVIDING FOR THE PLEDGE OF THE TAX REVENUE FOR BONDS WHOSE PROCEEDS ARE USED FOR TRANSPORTATION CAPITAL PROJECTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING 19OR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Monroe County currently imposes a six-cent local option gas tax upon every gallon of motor fuel and special fuel sold in the County pursuant to Florida Statute Section 336.025(1)(a) and Monroe County Code Section 2-315, et. seq.;and WHEREAS,the municipalities of Islamorada and'Marathon incorporated subsequent to the passage of Ordinance No. 16-1989, as codified in Monroe County Code Section 2-315, et. seq.; and WHEREAS, current gas tax expenditures cover Maintenance, Engineering, Street Lights and Traffic Signal, distribution to municipalities, 7-year plan and cost allocation; WHEREAS, the gas tax fund balance has been steadily declining since FY 2001 due to annual expenditures exceeding annual revenues; and WHEREAS,Monroe County maintains 389 miles of roads in the unincorporated county and resurfaces those roads as needed; WHEREAS,there are 28 bridges in the unincorporated county which are maintained by the County and most of those bridges were built in the 1960s with a 50 year life span;and WHEREAS, there are approximately 10 years left with no funds available for major renovations necessary to extend the useful lives of the bridges which are maintained by the County; WHEREAS, drainage systems need to be added or restored,requiring reconstruction and resurfacing of roads; and Five Cent Gas Tax Ordinance 2009 w/o edits 5/26/09 KP 1 WHEREAS,road resurfacing has been temporarily delayed in some areas of the unincorporated county due to new sewer systems and resurfacing will be needed in the near future; and WHEREAS, an additional five (5) cents local option fuel tax would generate approximately $250,000.00 per penny(or$1,250,000.00)per year; and WHEREAS, an additional local option fuel tax can be accomplished by a majority plus one vote of the BOCC or by an ordinance creating a referendum on the November 2008 ballot; and WHEREAS, implementation of an additional gas tax will spread the costs to both residents and visitors using the County's roads as opposed to special assessments which would place the full burden on County residents; and WHEREAS,unless a revenue source additional to the existing local option fuel tax can be secured,the current level of services will have to be reduced and the delay for needed road restorations and reconstructions and necessary revitalization of bridges will continue; now therefore BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, FLORIDA that: SECTION 1. Section 2-315, Monroe County Code shall be amended to read: 2-315. Under the authority of Florida.Statutes section 336.025(1)(a), effective September 1, 1989, there is hereby imposed a six-cent gas tax upon every gallon of motor and special fuel sold in Monroe County, including the municipalities therein, and taxed under the provisions of part I or part II of chapter 206, Florida Statutes. SECTION 2. Section 2-319, Monroe County Code shall be amended to read: Sec. 2-319. Distribution of proceeds. (a) The proceeds of the tax levied in section 2-315 shall be distributed among Monroe County, the City of Islamorada, the City of Key West,the City of Key Colony Beach, the City of Layton, and the City of Marathon based on interlocal agreements or F.S. 336.0255 absent interlocal agreements. (b) No recalculation of the tax distribution shall under any circumstances adversely affect the rights of holders of bonds outstanding on July 1, 1990, which are backed by the tax authorized by this article; and the amounts distributed to Monroe County and each municipality shall not be reduced below the amount necessary for the payment of rincipal and interest and reserves for principle interest as required under the covenants of any Cd resolution outstanding on July 1, 1990. Five Cent Gas Tax Ordinance 2009 w/o edits 5/26/09 KP 2 SECTION 3. Section 2-320, Monroe County Code is hereby created to read: Sec. 2-320. SEVENTH THROUGH NINTH CENT MOTOR AND SPECIAL FUEL TAX. (a) IMPOSITION. Under the authority of F.S. 336.025(1)(b), effective January 1, 2010, there is hereby imposed a three cent gas tax upon every gallon of motor fuel and special fuel sold in the County and taxed under the provisions of part I or part I1 of Chapter 206, Fla.Stat. (b) COLLECTION. The tax in this section shall be collected and remitted according to the procedure in F.S. 336.025(2). (c) EFFECTIVE PERIOD. The tax levied in Section 2-320(a) shall commence on January 1, 2010, and be in effect for a period of thirty (30) years, unless repealed by the Board of County Commissioners, provided that no repeal shall in any circumstances materially or adversely affect the rights of the holders of bonds backed by the tax and outstanding on the effective date of the repeal. (d) EXPENDITURES. The proceeds of the tax shall only be used for transportation expenditures as defined by state statute and which are: (1) Roadway and right-of-way reconstruction, renovation, resurfacing, paving of existing graded roads, and equipment; (2) Roadway and right-of-way drainage; (3) Installation of street lighting and traffic signs, traffic engineering, signalization and pavement markings; (4) Bridge renovation, restoration, and repaving; (5) Debt service for transportation capital projects, including construction or reconstruction of roads and bridges. The revenues from the tax levied in section 2-320(a) may be pledged to secure the payment of bonds. In the event such bonds are to be issued, the county or the municipalities may use the services of the Division of Bond Finance of General Services pursuant to the State Bond Act to issue any bonds under the provisions of this article and F.S. section 336.025(b). Bonds may be issued only once per year. Monroe County and any of the municipalities listed in section 2-320(e) may join together to issue bonds under this article; or (6) All other purposes allowed by state statute. (e) DISTRIBUTION TO MUNICIPALITIES. The County may, at anytime, enter into an interlocal agreement with any or all of the municipalities in the County in order to provide for the distribution of the tax proceeds between the County and the municipality or municipalities. No tax proceeds distributed to a municipality may be used for purposes other than those described in Section 2-320(d) above. The proceeds of the tax levied in section 2-320(a) shall be distributed among Monroe County, the City of Islamorada, the City of Key West, the City of Key Colony Beach, the City of Layton, and the City j of Marathon, pursuant to interlocal agreements or F.S. 336.0255. SECTION 4. 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 Five Cent Gas Tax Ordinance 2009 w/o edits 5/26/09 KP 3 Ordinance as 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 5. 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 6. 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. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect on May 20, 2009, provided that this Ordinance shall be filed with the Department of State as provided in section 125.66(2), Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20d,day of May, 2009. MayorGeorge Neugent Yes Mayor Pro Tern Sylvia Murphy Yes Commissioner Kim Wigington Yes issioner Heather Carruthers Yes -_ 'ssioner Mario Di Gennaro No c - 2 ° BOARD OF COUNTY COMMISSIONERS 4 t: 'Y L.KOLHAGE, Clerk OF 7;C,,0U. NT)V,FLORIDA By .�.5 Dep Clerk Mayor/Chairperson o V 4.1 t- MIONROE COUNTY ATTORNEY — =- AP VED AS TO !L SU ANNE A. H rTTTTON w = c AUNT TO �-. ... � . c= C.) Five Cent Gas Tax Ordinance 2009 w/o edits 5/26/09 KP 4 MONROE COUNTY COURTHOUSE BRANCH OFFICE: 500 WHITEHEAD STREET,SUITE 101 \�bcouNr), PLANTATION KEY J .•�M cu,av' G KEY WEST,FLORIDA 33040 s` E'•,P� GOVERNMENT CENTER TEL. (305)294-4641 * # 88820 OVERSEAS HIGHWAY FAX (305)295-3663 ;'. Q PLANTATION KEY,FLORIDA 33070 o TEL. (305)852-7145 BRANCH OFFICE: couw*q' FAX(305)852-7146 MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING MARATHON,FLORIDA 33050 MONROE COUNTS 50 HIGH POINT ROAD TEL. (305)289-6027 PLANTATION KEY,FLORIDA 33070 FAX(305)289-1745 www.clerk-of-the-court.com TEL. (305)852-7145 FAX(305)853-7440 May 29, 2009 Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399-0250 Via Certified Mail 7005 1160 0000 3841 2129 Dear Ms. Cloud, Enclosed are certified copies of the following Ordinances: Ordinance No. 012-2009 to strengthen "Whistleblower" protection policies for County employees. Ordinance No. 013-2009 amending Section 22-100(b) of the Monroe County Code to provide a $225 fee for business not otherwise taxed under the provision related to business tax. Ordinance No. 015-2009 to impose a ninth-cent local option motor and special fuel ("gas") tax. Ordinance No. 016-2009 to impose a three-cent local option motor fuel ("gas")tax. These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on May 20, 2009. Please file for record. Should you have any questions please feel free to contact me at (305) 295-3130. Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners by: Pamela G. Hancock, D.C. cc: Via E-Mail to the following: Municipal Code Corporation County Administrator 012-2009 OMB 015-2009&016-2009 County Attorney Tax Collector 013-2009 Finance 015-2009&016-2009 BOCC File FL0RIDA KEYS NANCES iNOC11118t3- TENT HEItB1iY1T PROVKHNGF RIN-. CORPORATR* Published Twice Weekly THEMONROECOUN- TY CODE OF OM- Marathon, Monroe County, Florida Pt DATE.' PROOF OF PUBLICATION Pursiarat to 3ec,tion 286.$'f�5.fiorida Statutes,"nd&*WgWen STATE OF FLORIDA thatifapersondecidedto COUNTY OF M O N RO E appeal.any decon madeW1t1 Board with Before the undersigned authority person- respe4toanymatter ally appeared a eared WAYNE MARKHAM who on cottsidered-et such hear- ings cr rgeetings,te wtla oath, says that he is PUBLISHER of the >�ccocdof.1nepro FLORIDA KEYS KEYNOTER, a twice --- r andthat,for weekly newspaper published in Marathon, No. ensureffuRaver- in Monroe Count Florida: that the timfecordof the pro-_ Y� NOTICE OF ings is made,which attached copy of advertisement was cot71 ot tncas ,etesti- published in said newspaper in the issues Irr nyarldBvitgnceupon Co, APi1OW MvFtittwlhe tlppael is to€t'e of: (date(s) of publication) O t tw► P. a Affiant further says that the said FLORIDA gyp' ` 'gym init KEYS KEYNOTER is a newspaper published MurgrsyE.Nelaon {3i)5)�92 4 Go" ' t iMd ,` the hours of 8:36 at Marathon, in said Monroe County, c , i:m.-5:f3op.m.,noiatw Florida, and that the said newspaper has 1u n 0M.2"working wA prior heretofore been continuously published in " aj Othe scheduled meet- said Monroe County, Florida, twice each cos+; the v010eNrlp>3ird;caTi week (on Wednesday and Saturday) and k71t�• mi§siq ers of cos has been entered as a second class mail Dated at Key west, matter at the post office in Marathon, in Fiorida,this lsthdayof April,2009. Monroe County, Florida, for a period of ordnance '- one year next DANN-YL-.Ke�.l , y preceding the first ANORDIUOMEIM-- CW*ofthsCW%*Court publication of the attached copy of POUNPA TH- andexo 0-9*ofthe advertisement. The affiant further says CAtT:lAC/fLOPTtON Mtn- MOT1 FUEL TAX,AS ners of Monroe that he has neither paid nor promised any At"NpRIYEDB- fS. Cottnty,Flodda , person, firm, or corporation any discount, 206-41( )(d)'AND rebate, commission or refund for the 3*.021,UPON SUCH Pu tApdizs,_oo9 -VU9L SALES IN ALL OF Florida Keys Keynoter purpose of securing this advertisement for COU,NTYjN CLUDW 3 THE MUNICt. publication in the said newspaper(s) and PAL1T1 that The Florida Keys Keynoter is in full ' ; compliance with Chapter 50 of the Florida State Statutes on Legal and Official Advertisements. C i.n C3 < -t T�E TIC AN `*1 R QI THE t-,.r< Cn � Sworn to a d su s ibed before me ,PAD; ` = '� _ this v27 y o , 2009 Y$E ,�zrn (SEAL) SPENT NS= I C TURCS o; r rrI E3 HE FOR rP EVERLY TRAEr `'Jt PROV yNG Notary J MYCOMMISSION + EXPIRES:Apr.!x, FWda Noloy S Page 1 of 2 Pam Hancock From: <ords@municode.com> To: <phancock@monroe-clerk.com> Sent: Tuesday, June 02, 2009 10:32 AM Subject: Acknowledgment of material received This is a computer generated email,please do not reply to this message. Municipal Code Corporation P.O.Box 2235 1700 Capital Circle SW.(32310 Tallahassee,FL 32316-2235 850-576-3171 Fax:850-575-8852 info@municode.com Monroe County, FL Code of Ordinances - 2008(14298) Supplement 2 Recorded: 412312009 3:07:24 PM We have received the following material through Hard Copy/Electronic. t < TR> Document Adoption Ordinance No. 009-2009 4/15/2009 Ordinance No. 010-2009 4/15/2009 Ordinance No. 011-2009 4/15/2009 Ordinance No. 012-2009 5/20/2009 Ordinance No. 013-2009 5/20/2009 Ordinance No. 015-2009 5/20/2009 Ordinance No. 016-2009 5/20/2009 `Click here..to see the full list of recorded ordinances for the next supplement."* Or point your browsers at: http://www.municode.com/disposition/dislist.asp?jobid=l09682 If you are sending the ordinances in electronic form and printed form, we assume the electronic version of the ordinances reflects the ordinances as adopted. We do not proofread against the printed version of the ordinance if the printed copy is submitted. Please contact us if you have questions. . You can also "GO GR� W and reduce the number of suppplement copies you receive or just get a of the supplement to print your bwn copies.ask us how - email Info@municode..com.. . Uppdpite the i%ffiet version of your Code more often than a printed su ement. a can update the Internet quarterly, monthly, even weekly. For additional information email info@municode.com. . We can post newly enacted or in ttie online Code after each meeting. E-mail us for more information at .info_ municode,_com. . Automate your agenda and complete legislative process. Visit MCCi for more information. http_:/iwww.mccinnovations.coM/products/a_qenda.asp . We can provide a solution for Doc u me-nt and Records-Management, imaging or scanning services. Contact US Tor more information at 6/2/2009 Page 2 of 2 info@mccin_novations.com or visit MCQ. . Si11in of ..ou doVv. ' VVe can ,fovi a invoice nd statement �rintin and procR-s�in�utility bills and tax ills. or more information email us of info mccadvantage..com. . Need a fetter way to manage your Contracts? Visit MCCi's website to learn more about automating your contract management processes. MCCi . Ever need to search in several online Codes for a sample ordinance? Try our Multiple Code Searching. For more information email us at info_@municode:com. • We can do more than just codes... Please visit our Company Un-line brochure at: http://www._municode.com/about/brochure_.Ddf 6/2/2009 w w U.S. postal TM EIPT CERTIFIED Domestic . nce Coverage ni • • ` tO m Postage $ r�. :.L-x r..wrti#ied FeeLD Pos He a Return Receipt Feeoe r Q (tndorseft1e1-►t Required) .J7 (Endorsement equlred) O r-q 3? 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COUNTY OF MONROE Cooke Communications, LLC Florida Keys Marsha F. Kirkwood Before the undersigned authority personally appeared Randy G. Erickson, who Advertising Coordinator on oath says that he is Vice-President of Advertising Operations of the Key West Citizen, a daily newspaper published in Key West, in Monroe County, PO Box 1800 Florida; Key West FI 33041 that the attached copy of advertisement, being a legal notice in the matter of Office....305-292-7777 Extension........x219 Fax.......305-295-8025 lenals(ftevsnews.com ' Of r INTERNET PUBLISHING keywest.com was published in said newspaper in the issue(s) of keysnews.com floridakeys.com key-west.com Web Design Services *�Zey Z NEWSPAPERS Affiant further says that the Key West Citizen is a newspaper published in The Citizen Key West, in said Monroe County, Florida and that the said newspaper has Southernmost Flyer heretofore been continuously published in said Monroe County, Florida every Solares Hill Big Pine Free Press day, and has been entered as second-class mail matter at the post office in Key Marathon Free Press West, in said Monroe County, Florida, for a period of 1 year next preceding the Islamorada Free Press Key Largo Free Press first publication of the attached copy of advertisement; and affiant further says MARKETING SERVICES that he has neither paid nor promised any person, firm or corporation any Commercial Printing discount, rebate, commission or refund for the pu e of securing this Citizen Locals Card advertisement for publication in the said new e Direct Mail FLORIDA KEYS OFFICES Printing/Main Facility 3420 Northside Drive Key West, FL 33040-1800 Signature of Affiant Tel 305-292-7777 Fax 305-294-0768 citizen(dkeywest.com � Sworn and subscribed before me this�day of 2009 Internet Division ' 33040-3328 Tel 305-292-1880 Fax 305-294-1699 Notary Public: sales@keywest.com Middle Keys Office Marsha F. Kirkwood 6363 Overseas Hwy Marathon, FL (MM 52.5) 33050-3342 r Tel 305-743-8766 Fax marathon 3-9977 Expires: September 15 2009 Not Seal marathon(a�kevsnews.com - � Notary Upper Keys Office 91731 Overseas Hwy Tavernier, FL 33070 Tel 305-853-7277 ' Fax 305-853-0556 freepress@floridakeys.com Personally Known x -_P1r"MM1A Identification Type of Identification Produced E Mi�IQIM OF t TO wH +I tTt 4`" that son hood, rn b r - W Bird of ` durYt Comm is Of �Eu C ntX,.Florida,Wends #� 4 rt d- %v towrtty nre: Cl) C7 THE F Six cow FUEL .S:F®R P 6, t ADA A&WTANCE: If you am a person with a dkabIfft)f who needs +� special acconviodadarls in order MO a Pay,00 to parthipalte in this proceeding, THE please c q!W the County Admin- F! [ isira#ar s Gam.. phoning (305) Ep 292-AW4 , boom:the l�oyrs of OF 8:30 a m,-5:d0 p.m.,no later than C 2 worlang days prior to the Schad- u " •,rf you areh®aringor L � °' voids - ; `" cad'7tt". Pt apt: PMM1G T Dated at 'W FJgrida this T�tE F it 15th daps of Api11, SPENTFOA ii1 . EXPEND+ C L IaOLHAGE, �T IE C tc of the CW&*"Court Pt. EFb" VENUE_ Cierkrof the Board of C Cotnmissiorwre of NC Monroe`CO ;Fibr'ida (tt�Fl April.26,�00 NCB E. p t to Section 286.0105, p SWutes, notice is given that W"A pp pn dedltied to appeal 'ady dec ide made,by the-,Board yy .to any matter cortsid- arect at such hgarings or meetings, he will need a record of the pro- ceedings, and that,.for such pur- po5e, he may heed tip ensure that a verbatim record of the proceed- ings is made, which record in- cludes the teeWnony upon w,to q3OW is to be bawd. TheReporterl CF�� .sfi P.O. Box 1197 • Tavernier, Florida 33070-1 1 97 a0T0RFua�'�A$ o sirs, (305)852-3216 Fax:(305)852-0199 S3a•oZs(!)(b),vp � (g PROOF OF PUBLICATIONaO W � couwT,r, T g STATE OF FLORIDA fXW� COUNTY OF MONROE Te+nerpi�r Fi.. Before the undersigned authority personally appeared DAVID HAWKINS who on oath, says cy - that he is EDITOR of THE REPORTER, a weekly T E newspaper entitled to publish legal advertising PR_ published at Tavernier, Monroe County, Florida: e that the attached co P Y copy of advertisement, being LEGAL NOTICE in said newspaper in the issue of: A3. April 24, 2009 , Affiant further says that THE REPORTER is a „ '' Ds newspaper published at Tavernier, in said , Monroe County, Florida, and that the said newspaper has heretofore been continuouslyP b © Ts: � - published in the said Monroe County, Florida, r each week (on Friday), and has been entered as Es second class mail matter at the Post Office in Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first ' ' 3 ° wroin publication of the attached copy of p3 c advertisement; and affiant further says that she C° ` has neither paid nor promised any firm person, or corporation any discount, rebate, 286Z commission or refund for the purpose of Pur�,aM Florida rtos ®or, securing this advertisement for publication in o :rs rro the said newspaper and that The Reporter is in "+ •. Nam'«, to full compliance with Chapter 50 of the Florida resperttoa ' ' State Statutes on Legal and Official ► �e redatsucnnear- Advertisements. inQe °' hew�ll need a n600rd'of the Cultural Center,1 t�rrd vo�-`Aftmel,�arr overseas > i�#Fertfji Marker la'2.5,K lji,00needfin ensues Ver_ Monroe Cou ly,Fkxlda, . batim record of the pro- Sworn to and subscribed before me 24 day ofr.`` ceeaMge►Brr►ade,�ltich April, 2009. `OcMd Includes the tostl- •;tea. �� p rfe Not y >t eywar n _ pe Cial is. .:by ,_ . F �.r,_be- _ a.rr+if-5rjo t J f or ing-,IRy a heirnirr��r � 9, vakoa7nt�f� s .71 r 1te. C:j CD w M c-; CC:, .) cr, LJ X: cr- Li iJ cm jc�- LLJ CD f C= CM U- Cl-i FLORIDA DEPARTMENT Of STATE CHARLIE CRIST STATE LIBRARY AND ARCHIVES OF FLORIDA KURT S. BROWNING Governor Secretary of State June 4, 2009 Honorable Danny L. Kolhage Clerk of Circuit Cc,-art Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pamela G. Hancock, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated May 29, 2009 and certified copies of Monroe County Ordinance Nos. 01.2-2009, 013-2009, 015-2009 and 016-2009, which were filed in this office on June 2, 2009. Sincerely, Liz Cloud Program Administrator A r= LC/srd � rn -, o - .3 `L CD t DIRECTOR'S OFFICE T i +� CD (� a) R.A.Gray Building . 500 South 3ronough Street .Tallahassee,Florida 32399-0250 C� Q 850.245.6600 • FAX:850.245.6735 • TDD:850.922.4085 • http://dlis.dos.state.fl.us COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA 850.245.6600 . FAX:850.245.6643 850.245.6600 • FAX:850245.6744 850.245.6700 • FAX:850.488.4894 LEGISLATIVE LIBRARY SERVICE RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY 850.488.2812 • FAX:850.488.9879 850.245.6750 . FAX:850 245.6795 850.245.6270 • FAX:850.245.6282 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. signature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. If YES'jig ea STATE No { Program Atlministrator JUN 0 2 2DD9 {i Administrative Code and Weekly R.A. Gray Building 500 South Bronough Street 3. S ice Type allahassee, Florida 32399-0250 certified Mail ❑Express Mail ❑ Registered ❑Return Receipt for Merchandise i ❑Insured Mail ❑C.O.D. 0,-jj'p 4 h cw 5 01 Ll 01$1 01'10 1 6 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7005 1160 0000 3841 2129 (rransfer from service label) li PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 i ORDINANCE NO. 015 - 2009 AN ORDINANCE IMPOSING A "NINTH-CENrT" LOCAL OPTION MOTOR FUEL TAX, AS AUTHORIZED BY F.S. 206.41( )(d) AND 336.021, UPON SUCH FUEL SALES IN ALL OF MONROE COUNTY, INCLUDING THE MUNICIPALITIES THEREIN, FOR A PERIOD OF THIRTY YEARS UNLESS EARLIER REPEALED BY THE BOARD OF 'COUNTY COMMISSIONERS; PROVIDING FOR A METHOD OF COLLEICTION OF THE TAX AND REMISSION OF THE PROCEEDS; PROVIDING THAT THE PROCEEDS MAY ONLY BE SPENT FOR TRANSPORTATION EXPENDITURES AS DEFINED HEREIN; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,Florida Statute Section 206.41(1)(d)authorizes counties to impose a tax of one cent per net gallon on motor fuel, known as the "ninth+cent" fuel tax to be levied and used as provided in F.S. 336.021;and WHEREAS,Florida Statute Section 206.87(1)(b)mandates a"ninth-cent" fuel tax to be levied on diesel fuel, to be levied and distributed according to F.S. 336.025; and WHEREAS,the County has been receiving from the State a distribution of the mandate fuel tax on diesel fuel; and WHEREAS, current gas tax expenditures cover Maintenance, Engineering, Street Lights and Traffic Signal, distribution to municipalities, 7-year plan and cost allocation; WHEREAS, the gas tax fund balance has been steadily declining since FY 2001 due to annual expenditures exceeding annual revenues; and WHEREAS,Monroe County maintains 389 miles of roads in the unincorporated county and resurfaces those roads as needed; WHEREAS,there are 28 bridges in the unincorporated county which are maintained by the County and most of those bridges were built in the 1960s with a 50 year life span; and WHEREAS,there are approximately 10 years left with no funds available for major renovations necessary to extend the useful lives of the bridges which are maintained by the County; WHEREAS, drainage systems need to be added or restored,requiring reconstruction and resurfacing of roads; and WHEREAS,road resurfacing has been temporarily delayed in some areas of the unincorporated county due to new sewer systems and resurfacing will be needed in the near future; and Ninth Cent Fuel Tax Ordinance 2009 W/O edits 5/18/09 KP Page 1 of 3 Pages WHEREAS,the County is seeking to enact an ordinance imposing an additional five (5) cents local option fuel tax to generate approximately$250,000.00 per penny (or$1,250,000.00) per year; and WHEREAS, an additional ninth-cent local option fuel tax on motor fuel is needed to provide funding, particularly for the renovations of the bridges and other critical major renovations of roads; and WHEREAS, an additional ninth-cent local option fuel tax on motor fuel can be accomplished by a majority plus one vote of the BOCC or by an ordinance creating a referendum on the November 2008 ballot; and WHEREAS, implementation of an additional gas tax will spread the costs to both residents and visitors using the County's roads as opposed to special assessments which would place the full burden on County residents; and WHEREAS, unless a revenue source additional to the existing local option fuel tax can be secured,the current level of services will have to be reduced and the delay for needed road restorations and reconstructions and necessary revitalization of bridges will continue;now therefore BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA that: SECTION 1. Section 2-321, Monroe County Code is hereby created to read: See. 2-321. NINTH-CENT MOTOR FUEL TAX. (a) IMPOSITION. Under the authority of F.S. 336.021(l)(A), effective January 1, 2010, there is hereby imposed a one cent gas tax, to be designated the"ninth-cent fuel tax," upon every gallon of motor fuel sold in the County and taxed under the provisions of part I or part I1 of Chapter 206, Fla.Stat. (b) COLLECTION. The tax in this section shall be collected and remitted according to the procedure in F.S. 336.021. (c) EFFECTIVE PERIOD. The tax levied in Section 2-321 shall commence on January 1, 2010, and be in effect for a period of thirty(30) years, unless repealed by the Board of County Commissioners, provided that no repeal shall in any circumstances materially or adversely affect the rights of the holders of bonds backed by the tax and outstanding on the effective date of the repeal. (d) EXPENDITURES. The proceeds of the tax shall only be used for transportation expenditures as defined by Florida Statute Section 336.025(7)and which are: (1) Public transportation operations and maintenance; (2) Roadway and right-of-way maintenance and equipment and structures used primarily for the storage and maintenance of such equipment; Ninth Cent Fuel Tax Ordinance 2009 W/O edits 5/18/09 KP Page 2 of 3 Pages (3) Roadway and right-of-way drainage; (4) Street lighting; (5) Traffic signs, traffic engineering, signalization and pavement markings; (6) Bridge maintenance and operation; (7) Debt service and current expenditures for transportation capital projects in the foregoing program areas. SECTION 4. 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 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 5. 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 6. INCLUSION IN THE CODE OF ORDDINANCES. The provisions of this Ordinance shall be included and incorporated in the Cade 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. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect on May 20, 2009, provided that this Ordinance shall be filed with the Department of State as provided in section 125.66(2), Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20'h day of May, 2009. co -n MayorGeorge Neugent Yes c s rrrn Mayor Pro Tem Sylvia Murphy Yes 4=' Tl-< -c Commissioner Kim Wigington Yes a Commissioner Heather Carruthers Yes cn Commissioner Mario Di Gennaro NorTJ \ _ G ;..w �� 9 2� "^z>yM f Y7 0 BOARD OF (COUNTY COMMISSIONERS Y L.KOLHAGE, Clerk OF MO ROTE COUNTY, FLORIDA By Deputy Clerk Mayor/Chairperson nr .",, OE COUNTY ATTORNEY OVCD AST RM. H ON A z T Ey Ninth Cent Fuel Tax Ordinance 2009 W/O edits 5/18/09 KP Page 3 of 3 Pages MONROE COUNTY COURTHOUSE BRANCH OFFICE: �COUNTy 500 WHITEHEAD STREET,SUITE 101 �� co PLANTATION KEY KEY WEST,FLORIDA 33040 �:'s` E';�>'� GOVERNMENT CENTER TEL. (305)294-4641 * * 88820 OVERSEAS HIGHWAY FAX (305)295-3663 ;i P PLANTATION KEY,FLORIDA 33070 °iR'•. , ,•.•'°� TEL. (305)852-7145 BRANCH OFFICE: °eCpU104- y FAX(305)852-7146 MARATHON SU6 COURTHOUSE 3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING MARATHON,FLORIDA 33050 50 HIGH POINT ROAD TEL. (305)289-6027 MONROE COUNTY PLANTATION KEY,FLORIDA 33070 FAX(305)289-1745 www.clerk-of-the-court.com TEL. (305)852-7145 FAX(305)853-7440 May 29, 2009 Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399-0250 Via Certified Mail 7005 1160 0000 3841 2129 Dear Ms. Cloud, Enclosed are certified copies of the following Ordinances: Ordinance No. 012-2009 to strengthen "Whistleblower" protection policies for County employees. Ordinance No. 013-2009 amending Section 22-100(b) of the Monroe County Code to provide a $225 fee for business not otherwise taxed under the provision related to business tax. Ordinance No. 015-2009 to impose a ninth-cent local option motor and special fuel ("gas")tax. Ordinance No. 016-2009 to impose a three-cent local option motor fuel ("gas")tax. These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on May 20, 2009. Please file for record. Should you have any questions please feel free to contact me at (305) 295-3130. Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners by: PamelaG. Hancock, D.C. cc: Via E-Marl to the following: Municipal Code Corporation County Administrator 012-2009 OMB 015-2009&016-2009 County Attorney Tax Collector 013-2009 Finance 015-2009&016-2009 BOCC File F l 0 R 1 D A K E Y S RY AUTHORITY FOR a.mi-5:00' .m.,no later THE SIX than 2 working days prior. Ati«1D"` to the scheduled meet. SPECIAL FLWEL TAX IN in if you amheanng or 3E�� voice impaired,call 336.02 1)(a)PROVID- "71 V. Published Twice Weekly [NOTHEDISTRI- BCGNf OF THE-SIX Daltd at Key West, Marathon, Monroe County, Florida CENTMOTORAND A tMis15th day of SPECIAL L TAX;TO 2009. AL.L Mas PROOF OF PUBLICATION AND THE COUNTY;IM- DANNY L.KOLHAGE, POSING,A FPVF.CENT , Cleric of the circuit Court andiaxofricioCisrkofthe TOR FU9L t'4 AS A�1- Board o1 ;com STATE OF FLORIDA .- mis ton"s , COUNTY O F M O N RO E roe 336.0,28('1 �UPON coubty,Floride SUCH-FULL SALES 1N Before the undersigned authority person- AL DING Publi hAorz:2009 ally appeared WAYNE MARKHAM who on T Florida a KevsME Keyn oath, says that he is PUBLISHER of the FLORIDA KEYS KEYNOTER, a twice OD OF,THIRTY YEARS -UFILF*6tARLlER RE- weekly newspaper published in Marathon, PEALED BY THE - in Monroe County, Florida: that the $OIIKDOFCOUNTY 0001I6810NERS; attached copy of advertisement was PRONFIDINGFORA published in said newspaper in the issues METHOD OF COLLEC= TION OF THE TAX AND of: (date(s) of publication) REiOFIOFTHE PROCEED$: !{D- lmarTHAT't'HL PRCt-- CEEDS MAY ONLY.BE gag I TU 1 NDI- •HE Affiant further says that the said FLORIDA FORTHE'PLEDGEOF %NUE KEYS KEYNOTER is a newspaper published FOOCEEDs HOSE at Marathon, in said Monroe County, FORTRANSPOWA-- „- Florida, and that the said newspaper has TION _ heretofore been continuously published in ECTS; FOR said Monroe County, Florida, twice each PROYlDMIG Oft week (on Wednesday and Saturday) and has been entered as a second class mail r PRpVi1i1 r rn FOR y �`#. �" matter at the post office in Marathon, in No.s6977o0 - NG TION "'c Monroe County, Florida, for a period of O FfOON +' — -,n NOTICE OF T�1rCi' �F ;;, (A O one year next preceding the first publication of the attached co PONTINUATIONOF MAN P copy of DITENTIONTO i1NbANf f" _ SID n ERAt t'TIO�t DATE. ,, ;, w advertisement. The affiant further says . OFC CONOUNTY- - that he has neither paid nor promised any ORDINANCE Pursu�ni �7 C) o person, firm, or corporation any discount, MAIM,� � CD O rebate, commission Or refund for the NOTICE IS HE Y $tattltss,r�ticeisgg given CsI11B1tI Tb M�I1R t2 'Ii Idecided to purpose of securing this advertisement for fl>a on appeal any decision publication in the said newspaper(s) and P - ' F �} that The Florida Keys Keynoter is in full ; compliance with Chapter 50 of the Florida =_ State Statutes on Legal and Official ;. Advertisements Sworn to a sub ibed before me this cZ7 D of , 2009 , (SEAL) y- ff you al A d a ' _ `/�✓fiG eiaraccbmmoda orQer to piirCPate"Is proceedktg p4s' a son- Notary rP tact the County BEVERLY TRAFR tratOes6l`56e byphon- Io9(305)292 d -be- MY .. COMMISSION.a +�I4a �.�,° EXPIRES:Apr.+r o 1)153 Fforlda Notary S ,. 6 Page 1 of 2 Pam Hancock From: <ords@municode.com> To: <phancock@monroe-clerk.com> Sent: Tuesday, June 02, 2009 10:32 AM Subject: Acknowledgment of material received This is a computer generated email,please do not reply to this message. Municipal Code Corporation P.O.Box 2235 1700 Capital Circle SW.(32310 Tallahassee,FL 32316-2235 850-576-3171 Fax:850-575-8852 info.@rn li n icode.com Monroe County, FL Code of Ordinances - 2008(14298) Supplement 2 Recorded: 412312009 3:07:24 PM We have received the following material through Hard Copy/Electronic. t < TR> Document Adoption Ordinance No. 009-2009 4/15/2009 Ordinance No. 010-2009 4/15/2009 Ordinance No. 011-2009 4/15/2009 Ordinance No. 012-2009 5/20/2009 Ordinance No. 013-2009 5/20/2009 Ordinance No. 015-2009 5/20/2009 Ordinance No. 016-2009 5/20/2009 *"Click-here to see the full list of recorded ordinances for the next supplement.*** Or point your browsers at: http://www.municode.com/disposition/dislist.asp?jobid=l09682 If you are sending the ordinances in electronic form and printed form, we assume the electronic version of the ordinances reflects the ordinances as adopted. 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Please visit our Company ()n-line Brochure at: http://www.municode.com/abou-Ubrochure.pdf i I i 6/2/2009 Itew uo ajgej!ejre you s, u©��e �iOldaan�uB spdt/ o; passajpp� Avoti, ue uj4ew ud g�► ! uasaid 1� aaaa a ° ssa ae �auja ul 3aPLu pue 95e s �aAe PelplIa 3 od y inn fagEl xWa s INVIIIpdWl a4� uo �euu;sod a 11 tui pue 4oeiap 'Pe lou sl ° t� -� t i33asa:d aseal� 'pajlsap sI jd�aoa�le � �draoa.� wsod jo 00140 ;sod a Ite o jd E Ip � 41 uo �JewsoCI ■ E Rf0aidrar a `„tian�a o aessa�ppa a flew .�o �f el� a41 a m , .l O Pa�ou sa�It luawasaa 43 0; pa;ol4saa a Pb►' uafie p z�r�oy;ne s aassa�pua q haw AUanrlap Baal IEuor}rp f e ue pp o sl aan aM wrpar•r` a lnoA uo N'jeu� ' c� �'� Oj_ sod pa,rrnbaa ay1.�a,ioo ola96e sod o1 ,6 •IfPelsenbe S8d u n e f}dlaaa1 uan as a eprldn a uan;ad a yoe a ue a agdeolIdde ppe pue a 31a e e , ( aooldlreuu asrQ o P I woo asee d ,a I y� o; i LBE w:o � 3 % Mid aptnoid 01 p81senbaj eq Aew was �draoaa urn ed use ��d� draoal� iaoad uan�ad a 'ae; feuol °1 AJanllap 'o. ;toffy pamijeo 4 nW��aIsrfiald to Pamsul japlsuo . a IPPe ue and t]I/lO8d SI 3E)V8-9 !O� Id salclenfen •l!ew etf r�,pr r.,a;E, 3: . NbdmSNI ON - I;:i %use ao; alpellenaIou sr le �:�vY ,� �.,ur,�d .�o �fiaW ssel3-;sfId qpm paurgwoo aq Al /fa I W pal�fua� a NO w IlEyv pewpoo sreaA OA4 JOI 901AI98 Ie#so a :sJapu!wau Juepodiul d 4I Aq idol AJanllep 10 pjooaj V � aaardpew jnOA jo, lal;l;uapl enblun d ■ � �-vrm�� .dune�002 {Reverse vsapinoaddpOei Gulllsw V r , wT STATE OF FLORID fto ofteaM see M„M 0„r,w , COUNTY OF MONROE Cooke Communications,LLC Florida Keys Before the undersigned authority personally appeared Randy G. Erickson,who Marsha F. Kirkwood on oath says that he is Vice-President of Advertising Operations of the Key Advertising Coordinator West Citizen, a daily newspaper published in Key West, in Monroe County, PO Box 1800 Florida; Key West Fl 33041 that the attached copy of advertisement, being a legal notice in the matter of office....305-292-7777 - Extension..... 9 Fax.......305-295-895-8025 le^a' di)kevsnews,com INTERNET PUBLISHING keywest.com was published in said newspaper in the issue(s) o keysnews.com floridakeys.com key-west.com Web Design Services Affiant further says that the Key West Citizen is a newspaper published in NEWSPAPERS Key West, in said Monroe County, Florida and that the said newspaper has The Citizen Southernmost Flyer heretofore been continuously published in said Monroe County, Florida every Solares Hill day, and has been entered as second-class mail matter at the post office in Key Big Pine Free Press Marathon Free Press West, in said Monroe County, Florida, for a period of 1 year next preceding the Islamorada Free Press first publication of the attached copy of advertisement; and affiant further says Key Largo Free Press that he has neither paid nor promised any person, firm or corporation any MARKETING SERVICES discount, rebate, commission or refund for the purpose of securing this Commercial Printing Citizen Locals Card advertisement for publication in the said newspaper Direct Mail FLORIDA KEYS OFFICES Printing 1 Main Facility 3420 Northside Drive Signature of Affiant Key West,FL 33040-1800 Tel 305-292-7777 Fax 305-294-0768 � , day of , 2009 citizen(he-ywest.com Sworn and subscribed before me this Internet Division 33040-3328 Tel 305-292-1880 Notary Public: Fax 305-294-1699 sales@keyNrest.com Marsha F. Kirkwood Middle Keys Office 6363 Overseas Hwy Marathon,FL (MM 52.5) 33050-3342 Tel 305-743-8766 Notary Seal Fax 3CS-743-9977 Expires: September 15, 2009. marathon(&keysnews.com Upper Keys Office _ 91731 Overseas Hwy r Tavernier,FL 33070 `0" Tel 305-853-7277i' Fax 305-853-0556 ° n r 'r j,� , r freepress@floridakeys.com Personally Known x Produced Identification Type of Identification Produced NOTICE OF " CMJATION OF DOPT10N OF ER COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on May 20, 2009 at 3:00 P.M.,or as soon thereafter as may be heard, at'#* Murray E. Nelson 00"WOrnmint and Cultuiral Can- ter, 10d050 Overseas Highway, We Marllgr,102.5, Key Lorgo, Monroe 'County, "Florida,, the Board of County Commissioners MEMNIMMM- of Monroe County, Florida, intends to consider the adoption of-the fol- b lowing County ordnance:, 'ADA ASSISTANCE: If you are AN ORDINANCE IMPOSING A person►lth.a drj&4f a , reads "NINTH-CENT"LOCAL OPTION 8pscia/' l}, accorn � MOTOR FUEL T",AS order AUTH OZER BY Rib. Plea" ate irr. proe�sedIng 20ti.41 t d} O cOntacat �rrotrrNy�,gpfimin_ 1 (d .021` )PON istrators office, by Phoning (305) SUCM L EALL�"$IN 1 ,.(OF ZQ-4441, between .the hours of MONDE COONTIiC,INCLUDING 8' R a.in--S0Q . THEM A OtPA tTl Tkl REIN, �working�j� to�t�yr than FOR A PERK s*ed YEARS UNLESSEAR I u/��$"� ' if you are Nearing or REPEALED BY THE BO/Cte - voke urea call-711 COUN NERS; Dated at Key VY Flo PRO OD OF IBM! da of A il, Ada, this CO ` AND y. pr ,2009.. PRO THAT DANNY L.KOLHAGE, SHP VBN Clerk oMhe Circuit Court and ex officio EXPEN FINED Clerk of the Board of County FOR misslono f KXNG aPA 26,20MM NT THE `z==} � 1rri ' DING _•..,� '� Q 'n :fw Pursuant to Section 286.0105, m Florida Statute%, notice is given that if a 06n$on,d*cided to appeal - -r- i-ri any decision made by the Board _fC> `© ) with *"M t4 any matter consid- ered at ouch.himorgs or meetings, he w111"need a ret crd of.the pro- 'that, for such pur- P�0", 0 may+reed t Iwe'that a , ings it, cl in upon - � +�_ .. pursuant t9 Seoho" given orter Statutes "Q� Theeif � � ph madp�by.-tha With Florida 33070-1197 rospectto.anymauer P.O. Box 1197 •Tavernier, consid®redIateuohia®ar- (305)852-3216 Fax:(305)852-0199 nee or of�Mnil need a.record ofttsa:pro' ce®slings,and that,for PROOF OF PUBLICATION $ur ,purp •l " Y newt to erasure that aver Ad*87 batim record of the pro- ceedings is rr�ada.which STATE OF FLORIDA record krdudeett?atesti rnorr and ovigia i upon COUNTY OF MONROEwhichtheappealistobe cogbased Before the undersigned authority personally @ APB ASsISUN��ia appeared DAVID HAWKINS who on oath, says youarol. . .o" "Wr disa>t f�.who n sPe- that he is EDITOR of THE REPORTER, a weekly _ ia, lkwiiihis newspaper entitled to publish legal advertising MAY * t orb . «,"_ published at Tavernier, Monroe County, Florida: p.mZa �soonthereaf_ P �te finis that the attached copy of advertisement, being ter»s ' I� a' - LEGAL NOTICE in said new in the issue the WHO tweenthe how's Of9:30 ,ente'r.1t 'fir- a.m.-5;00 0,rn,no later of: -(?{lgi;viray,`Miie thar,2workin9�$ April 24, 2009 Marker 102.5,they l-arso tothe scheslui�drr - Noon my,J a, i ,�fycuar'heerko9or uae imr�alr+�: l Affiant further says that THE REPORTER is a CommissioneiWbfMon newspaper published at Tavernier, in said roe county"Florida,in- tendstoconsiderthe �}pd-*ley6it st, Monroe County, Florida, and that the said of the followi ;,t -j-'AhdWOf newspaper has heretofore been continuously - published in the said Monroe County, Florida, pANNYL K4LHAGE, each week (on Friday), and has been entered as t bA amoow cirv4a� r e second class mail matter at the Post Office in L goardof county com- Tavernier, in said County of Monroe, Florida, for misskwwsQfMonroe BY P couratY,Florida, a period of one year next preceding the first AND tN (sen�) publication of the attached copy of advertisement; and affiant further says that she Published. y person, The Reporter has neither paid nor promised an firm, p �OA Teve .-mr r=, 3an7 or corporation any discount, rebate, � commission or refund for the purpose of YENWIL LESS securing this advertisement for publication in BY, the said newspaper and that The Reporter is in c Via' full compliance with Chapter 50 of the Florida A og State Statutes on Legal and Official £ Advertisements. � E . tt1�1LY Sworn to and subscribed before me 24 day of April � , 2009. ' flRtk Notar s' �`0J -- o - r ''•c 1 �1E 1iN� 70{__- p COUP ter: � ORMZ '•Ari ca +`E rn O A ' Y•V WE a � FLORIDA DEPARTMENT 0 STATE CHARLIE CRIST STATE LIBRARY AND ARCHIVES OF FLORIDA KURT S. BROWNING Governor Secretary of State June 4, 2009 Honorable Danny L. Kolhage Clerk of Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pamela G. Hancock, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated May 29, 2009 and certified copies of Monroe County Ordinance Nos. 01.2-2009, 013-2009, 015-2009 and 016-2009,which were filed in this office on June 2, 2009. Sincerely, d*ULU, Liz Cloud Program Administrator a C > .a F ga . = o CL _ .� n {M �: O DIRECTOR'S OFFICE f tS R.A.Gray Building a 500 South T3rouough Street •Tallahassee,Florida 32399-0250 C 850.245.6600 • FAX:850.245.6735 • TDD:850.922.4085 • http://diis.dos.state.tl.us COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA 850.245.6600 • FAX:850.245.6643 850.245.6600 a FAX:850.245.6744 950.245.6700 a FAX:850.488.4894 LEGISLATIVE LIBRARY SERVICE RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY 850.498.2812 a FAX:850.488.9879 850.245.6750 • FAX:850.245.6795 850.245.6270 • FAX:950.245.6282 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. signature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. If YES'jig ea STATE No { Program Atlministrator JUN 0 2 2DD9 {i Administrative Code and Weekly R.A. Gray Building 500 South Bronough Street 3. S ice Type allahassee, Florida 32399-0250 certified Mail ❑Express Mail ❑ Registered ❑Return Receipt for Merchandise i ❑Insured Mail ❑C.O.D. 0,-jj'p 4 h cw 5 01 Ll 01$1 01'10 1 6 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7005 1160 0000 3841 2129 (rransfer from service label) li PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 i County Administrator ORDINANCE NO. 026 - 1989 (14 AN_.. ORDINANCE DECLARING THAT AN EMERGENCY EXISTS AND WAIVING NOTICE BY A FOUR-FIFTH'S v VIE; AMENDING SECTION 5(a) OF ORDINANCE NO c: 016-1989 IN ORDER TO INCREASE THE PROPORTION tYF THE OPTIONAL GAS TAX REVENUES TO BE PAID -'!'b—o--THE CITY OF KEY WEST FROM 24.06% TO 35%, LIJ ,INCREASING THE AMOUNT PAID TO THE CITY OF KEY t% COLONY BEACH FROM 1.41% TO 21, INCREASING THE AMOUNT PAID TO THE CITY OF LAYTON FROM 014% to 1%, AND DECREASING THE AMOUNT PAID TO MONROE COUNTY FROM .74.39% TO 62%; PROVIDING FOR RECALCULATION OF THE TAX IN 1990 AND PROVIDING THE METHOD THEREFOR; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the distribution formula in Ordinance No. 016-1989 was calculated in accord with Sec. 336.025(4) (a) , Fla. State. (1987) based upon the financial data available in May 1989; WHEREAS, since the passage of Ordinance 016-1989 additional financial information has come to light indicating that the original formula was in error and that the proportion of the tax proceeds received by the municipalities should be increased; WHEREAS, in the interests of equity and fairness to the taxpayers in the City of Key West, the other municipalities and unincorporated Monroe County, it is desired to revisit the gas tax distribution formula in 1990 for adjustment and recalculation if necessary; and WHEREAS, time is of the essence in amending the distribution formula in Ordinance No. 016-1989 in order to timely inform the Florida Department of Revenue; now, therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. An emergency is hereby declared and notice waived by a four-fifth's vote. Section 2. Sec. 5 of Ordinance 016-1989 is hereby amended to read as follows: Section 5. a) The proceeds of the tax shall be distributed among Monroe County, the City of Key West, the City of Key Colony Beach and the City of Layton based on the transporta- tion expenditures of each for the immediately preceding five fiscal years, as a proportion of the total of such expenditures for Monroe County and the three municipalities, to-wit: Monroe County 62% City of Key West 35% City of Key Colony Beach 2% City of Layton 1% b) The proportions set forth above shall be recalculated in 1990 according to the method set forth in Sec. 336.025(a) (1) , Fla. Stat. Provided, however, that if no interlocal agreements are entered into with the various municipalities by June 1, 1990, the Monroe County Board of County Commissioners shall recalculate the proportions according to the method set forth in Sec. 336.025(4) (a) , Fla. Stat. , by July 1, 1990. c) No recalculation made under Subsection 5 (b) of this ordinance shall under any circum- stances adversely affect the rights of holder of bonds outstanding on July 1, 1990, which are backed by the tax authorized by this ordinance, and the amounts distributed to Monroe County and each municipality shall not be reduced below the amount necessary for the payment of principal and interest and re- serves for principal interest as required under the covenants of any bond resolution outstanding on July 1, 1990. 2 Section 3. If any section, subsection, sentence, clause or provision of this Ordinance is held invalid, the remainder of this Ordinance shall not be affected by such invalidity. Section 4. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. Section 5. 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. Section 6. This Ordinance shall take effect when a copy has been accepted by the postal authorities of the Government of the United States for special delivery by registered mail to the Department of State of the State of Florida. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 9th day of August, A.D. , 1989. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By mayor a an (SEAL) At t e s t:MUM " KOLHAGA Clerk r ADOPTED: EFFECTIVE DATE: 09PPROVEV 4S -OFORM By Ezz 7 Arrarnoy's plbse 3 4SS'S- COUNT y C t yJ F•.9 • N U: Of COUNTY,t' ' �annp �L.. �oX�jage 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 641 TEL. (305)852 9253 August 05)/941 989 REGISTERED MAIL RETURN RECEIPT REQUESTED Mrs . Liz Cloud, Chief Bureau of Administrative Code and Laws Department of State The Capitol Tallahassee, Florida 32301 Dear Mrs . Cloud: Enclosed please find a certified copy of Emergency Ordinance No. 026-1989 amending Section 5 (a) of Ordinance No. 016-1989 in order to increase the proportion of the optional gas tax revenues to be paid to the City of Key West, the City of Key Colony Beach and the City of Layton, and decreasing the amount paid to Monroe County. This Emergency Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on August 9, 1989. Please file for record. Very truly yours , Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners By: Rosalie L. C1 nolly Deputy Clerk cc: Municipal Code Cor oration 'Ua7 `/�� WZ P Commissioner Eugene Lytton City of Key West Commissioner John Stormont City of Key Colony Beach County Attorney R. Ludacer City of Layton County Administrator T. Brown Mayor Michael Puto Asst. Co. Admin. D. Pierce Commissioner Wilhelmina Harvey Roads & Bridges Dir. J. Conno113 Commissione.: Douglas Jones File SENDS : Complete items 1 and 2 when addlsFsnai services are desired, and Complete items 3 apd 4 Put your address in the"RETURN TO" apace on the rfeverss side.�Fallure to do this prheentrthin card from.hei�i;VTeturnsd to You. deliversld`to and'the date of delivery>- or additional fees the following services are ayslleble. Consult postmaster`for on and%heck box(as)for additional ssrvlce(s)requ ad. 1. O .Show,fo whom delivered,date,and addressee's address. 2. (Extra Restricted ee?very' 1(Extra charge)1 \. Article Adh^ drosr�a to: 4. Article Number \ \ Type of Service: \ .Registered ❑ Insured ❑ Certified.:.. ❑ COD ❑ Express IVlail Always obtain signature of addressee or agent and DATE DELIVERED. 5. Signature—Addressee 8. Addressee's Address(ONLY if requested and fee paid) X 6. Signature—Agent X 7. Date of Delivery 11n U G 1 6 1289 PS Form 3$11, Mar.1987 *U.S.%P,O.1887-178-268 DOMESTIC RETURN RECEIPT P 02? 1?6 212 RECEIPT FOR CERTIFIED MAIL ' NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) ' S tV.7 a ZIP Code„ 7 Postage S r J Certified Fee •SENDER: Complete items 1 and 2Ewhen additional services are desired, and complete items 3 and 4. Ilk Put your address in the"RETURN TO" Space on the reverse side. Failure to do this will prevent this Special Delivery Fee card from being returned to you. The return recelot fee will provide you the name of the person delivered to and the date f v For additional fees the following services are available,Consult postmaster for fees and check box ea)for additional servlce(s) requested. Restricted Delivery Fee 1, O Show to whom delivered,date,and addressee's address. 2. 0 Restricted Delivery 1(Extra charge)1 1(Extra charge)1 Return Receipt showing Article Addressed to: to whom and Date Delivered 4. Article Number Ln �C) _ _02 rn Return Receipt showing to whom. Date,and Address of D very 0 Type of Service: TOTAL Post an J S. 1 07 3 a ,❑,�Istered ❑ Insured -�i ', ' �� L Jcertitied El COD 1.4 ❑ Express Mail 0 Postmark o tQ'J` A r -•• is Always obtain signature of addressee E 99 � or agent;end DATE DELIVERED. U . Signature—Addressee 8. Addressee's Address(ONLY if °� PIK requested and fee paid) 6. Signa —A tS X �•Jp� PS For �;'A1ai°1987 ,t' E.B.O.P,O.1g87-178-288 DOM TIC RETURN RECEIPT ~�D ROE jif'' FLORIDA DEPARTMENT OF STATE Jim Smith Secretary of State DIVISION OF ELECTIONS Room 1802, The Capitol Tallahassee, Florida 32399-0250 (904) 488-8427 August 16 , 1989 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County Courthouse S00 Whitehead Street Key West , Florida 33040 Attention : Rosalie L. Connolly, Deputy Clerk Dear Mr. Kolhage : Pursuant to the provisions of Section 125 •Registered Florida R 308 Statutes , otes10 , this will acknowledge: (mailed 8/14/89) 1 . Receipt of letter/s of August � , 14R4 and certified copy/ies of Monroe EMERGENCY County Ordinance( s ) Number 89- 26 — (amending Ord 89- 16) 2 . Receipt of County Ordinance( s ) relative to: ( a) which we have. numbered (b ) which we have numbered 3 . We have filed this/t13*:9-& ordinances in this office on August 16 , 1989 . (2 : 38 pm) 4 . The original/duplicate copy/ies showing the filing date is/are being returned for your records . Sincerely, Liz C ud, Chief 1af11\. Bureau of Administrative Code LC/mb i Monroe County Commission ORDINANCE NO. 016 -1989 AN ORDINANCE IMPOSING A SIX CENT OPTIONAL MOTOR AND SPECIAL FUEL TAX, AS AUTHORIZED BY F.S. 336.025, UPON SUCH FUEL SALES IN ALL OF MONROE COUNTY, INCLUDING THE MUNICIPALITIES THEREIN, FOR A PERIOD OF THIRTY YEARS UNLESS a EARLIER RESCINDED BY THE BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR A METHOD OF COLLECTION OF THE TAX AND REMISSION OF THE PROCEEDS; PROVIDING THAT THE PROCEEDS MAY -' �GNLY BE SPENT FOR TRANSPORTATION EXPENDITURES c, AMD PROVIDING A DEFINITION THEREFOR; PROVID- �L CO MG FOR THE PLEDGE OF THE TAX REVENUE FOR BONDS WHOSE PROCEEDS ARE USED FOR TRANSPORTA- TION CAPITAL PROJECTS; PROVIDING FOR THE DISTRIBUTION OF THE TAX REVENUE AMONG THE COUNTY AND THE CITIES OF KEY WEST, KEY COLONY BEACH AND LAYTON; PROVIDING FOR A RECALCU- LATION OF THE DISTRIBUTION PROPORTIONS IN 1999 AS LONG AS OUTSTANDING BONDS ARE NOT ADVERSELY AFFECTED; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, Monroe County presently imposes a 6-cent tax on each gallon of motor and special fuel sold in Monroe County, including the municipalities therein, which tax will expire on September 1, 1989; WHEREAS, there still is, and will be well into the next century, a continual need for revenue to pay for on-going trans- portation expenditures; WHEREAS, F.S. 336.025, authorizes Monroe County to levy an optional six cent tax on the sale of every gallon of motor and special fuel sold in the County with the proceeds to be used for transportation purposes for a period of 30 years; WHEREAS, on May 23, 1989, the Board of County Commissioners of Monroe County passed a resolution stating an intent to levy the tax as required by statute; now, therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Under the authority of F.S. 336.025, effec- tive September 1, 1989, there is hereby imposed a 6-cent gas tax upon every gallon of motor and special fuel sold in Monroe i County, including the municipalities therein, and taxed under the provisions of part I or part II of Chapter 206. Section 2. The tax shall be collected and remitted according to the procedure of F.S. 336.025(2) . Section 3. The tax shall remain in effect until Septem- ber 1, 2019, unless rescinded by the Board of County Commission- ers. However, the tax may be rescinded before September 1, 2019, only if the rescission shall in no circumstances materially or adversely affect the rights of the holders of bonds backed by the tax and outstanding on the date of rescission. Section 4. The tax proceeds may only be used for trans- portation expenditures. For the purposes of this ordinance, transportation expenditures shall mean: a) Public transportation operations and maintenance; b1 Roadway and right-of-way maintenance and equipment; cl Roadway and right-of-way drainage; d1 Street lighting; e1 Traffic signs, traffic engineering, signalization and pavement markings; f) Bridge maintenance and operation; g) Debt service and current expenditures for transportation capital projects in the foregoing program areas, including construction or reconstruction of roads. The revenues from the tax imposed by this ordinance may be pledged to secure the payment of bonds. In the event such bonds are to be issued, the County or the municipalities may use the services of the Division of Bond Finance of General Services pursuant to the State Bond Act to issue any bonds under the provisions of this ordinance and F.S. 336.025. Bonds may be issued only once per year. Monroe County and any of the munic- ipalities listed in Section 5 may join together to issue bonds under this ordinance. Section 5. a) The proceeds of the tax shall be distributed 2 among Monroe County, the City of Key West, the City of Key Colony Beach and the City of Layton based on the transportation expenditures of each for the immediately preceding five fiscal years, as a proportion of the total of such expenditures for Monroe County and the three municipalities, to-wit: Monroe County 74.39% City of Key West 24.06% City of Key Colony Beach 1.41% City of Layton .014% b) The proportions set forth above shall be recalculated in 1999, before July 1 of that year, according to the method described in subsection (a) . However, such recalculation shall under no circumstances materially or adversely affect the rights of holders of bonds outstanding on July 1, 1999, which are backed by the tax authorized by this ordinance, and the amounts distributed to Monroe County and each municipality shall not be reduced below the amount necessary for the payment of principal and interest and reserves for principle and interest as required under the covenants of any bond resolution outstanding on July 1, 1999. Section 6. If any section, subsection, sentence, clause or provision of this Ordinance is held invalid, the remainder of this Ordinance shall not be affected by such invalidity. Section 7. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. Section 8. 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. Section 9. This Ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary 3 i of State of the State of Florida that this Ordinance has been filed with said Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 27th day of June A.D. , 1989. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By 40� LL Mayor ai an (SEAL) Attest:DAMX ra XOI4AGE, Clerk er c ADOPTED: June 27, 1989 FILED WITH SECRETARY OF STATE: 4C-3$-8 1 EFFECTIVE DATE: APPROVED AS TD AND7LFGGAAL SUFFICIffty BY Ataarnny s Of/ice' i 4 �GpUNTYC J JM GU/pG.•pG 1I ...........-'`0e. Oe COUNTV•4.® . Mannp 1. Rotbage ' 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 July 5, 1989 CERTIFIED MAIL RETURN RECEIPT REQUESTED / Mrs . Liz Cloud, Chief Bureau of Administrative Code and Laws Y Department of State The Capitol Tallahassee , Florida 32301 Dear Mrs . Cloud: Enclosed please find a certified copy of Ordinance No. 016-1989 imposing a six cent optional motor and special fuel tax, as authorized by F.S. 336 .025 , upon such fuel sales in all of Monroe County, including the municipalities therein, for a period of thirty years unless earlier rescinded by the Board of County Commissioners; etc. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on June 27 , 1989 . Please file for record. Very truly yours , Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board o ounty Commissioners By: Rosalie L. o' nnolly,06puty Clerk cc: Municipal Code Corp. Clerk of City of Key West Clerk of City of Key Colony Beach Clerk of City of Layton Mayor Michael Puto Commissioner Wilhelmina Harvey Commissioner Douglas Jones Commissioner Eugene Lytton Commissioner John Stormont County Attorney Randy Ludacer County Administrator Tom Brown Asst. Co. Admin. Dent Pierce Finance Director Taryn Medina �: ? e II •SENDER: Complete Items 1 and 2 when additional services are desired, and complete Items 3 P az7 136 121 l and 4. Put your address in the"RETURN TO" Space on the reverse side. Failure to do this will prevent this RECEIPT FOR CERTIFIED MAIL card from being returned to you. The return recelot fee will orovld-e you the name of the DeraOn NO INSURANCE COVERAGE PROVIDED d the dotf For additional fees the following fervices ere available.COnaUlt NOT FOR INTERNATIONAL MAIL ost pmgar for fees and check box(as)for additional service(s) requested.1. ❑ Shaw to whom delivered,date,and addressee's address. 2. ❑ Restricted Delivery �..� Q`. e I t(Extra charge)t t(Extra charge)t Q 3. Article Addressed to: G 4. Article'Number �..�Z 10►1.sOV C, C� ,F p � �Z' tree and L0� Type of Service: INV �� ❑ Registered ❑ Insured P.O.. State and ZIP Code 1 rtified El COD ❑ Express Mail Postage S Always obtain signature of addressee Certified Fee / or agent and DATE DELIVERED. 5. Signature—Addressee 8. Addressee's Address(ONLY if Special Delivery Fee X requested and fee paid) — Reftncted Delivery Fee t 6. Signature—Agent 11 X Return Receipt showing 7. Date Of Delivery to whom and Date Delivered v Ut. �ggg Return Receipt showing to whom, 1 Date.and Address of Delivery PS Form 3811, Mar.1987 ,a U.S.G.P.O.1987-178.208 DOMESTIC RETURN RECEIP TOTAL Postage and Fees Postmark o ale ,w)c , C � P 027 136 201C� RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED •SENDER: Complete items 1 and 2 when additional services are desired, and complete Items 3 NOT FOR INTERNATIONAL MAIL end 4. (See Reverse) Put your address In the "RETURN TO" Space on the reverse side. Faiktre to dd'this will prevent this Card from being returned to yolu. fig_return recelot fee will orovIde , f the oanen v For additional fees the following services are available.Consult Postmaster for fees and check box a for additional services)requested. Sir a No. 1. El Show to whom delivered,date,and addressee's address. 2. [3 Restricted Delivery ' nc) (J T(Extra charge)T t(Extra charge)t 3. Article Addressed to: P Sta d ZI Code Q � �` 4. Article Number ,5a -oa - Postage S /C Type of Service: Fjpgistered ❑ Insured Certitied Fee j [ZYCertified ❑ COD El Express Mail Special Delivery Fee rj'Pyt V--wG[l J �30� Always obtain signature of addressee Restricted Delivery Fee or agent and DATE DELIVERED. S. Signature—Addressee B. Addressee's Address(ONLY if Return Receipt showing X requested and fee paid) to whom and Date Delivered 6. Sign — nt AV co Return Receipt showing to whom. Date.and Address of Delivery III d 7. ate o TOTAL Postage and Fees a Postmark �at PS Form 3811, Mar.1987 178 268 DOMESTIC RETURN RECEIPT y ,� _ LL i �JOE FLORIDA DEPARTMENT OF STATE Jim Smith Secretary of State DIVISION OF ELECTIONS Room 1802, The Capitol Tallahassee, Florida 32399-0250 (904) 488-8427 July 12, 1989 Honorable Danny L. Kolhage Clerk of Circuit Court Monroe County Courthouse 500 Whitehead Street Key West , Florida• 33040 Attention: Rosalie L. Connolly, Deputy Clerk Dear Mr. Kolhage : Pursuant to the provisions of Section 125 . 66 , Florida Statutes , this will acknowledge : 1 . Receipt of letter/s of July 5 , 1989 and certified copy/ies of Monroe County Ordinance( s ) Number 89-16 2 . Receipt of County Ordinance( s ) relative to: ( a) which we have numbered (b ) which we have numbered 3 . We have filed this/these ordinances in this office on July 11 , 1989 . (3 : 31 pm) 4 . The original/duplicate copy/ies showing the filing date is/are being returned for your records . Sin rely, Liz Clo d Chi e Bureau of Administrative Code LC/mb