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Item S05 BOARD OF COUNTY COMMISSIONERS AGENDA "EM SUMMARY Meeting Date: April 21, 2004 Division: County Attorney AGENDA ITEM WORDING: Approval of a Resolution requesting that the Supervisor of Elections place on the August 31, ?004 primary ballot a referendum question concerning a half-cent sales tax for school capital funding. ITEM BACKGROUND: PREVIOUS RELEVANT BOCC ACTION: STAFF RECOMMENDATION: Approval. CONTRACT I AGREEMENT CHANGES: TOTAL COST: Cost to County: BUDGETED: Yes No APPROVED BY: County Attorney x OMB/Purchasing Risk Management DIVISION DIRECTORAPPROVAL~JL~ 031~/llo~ J. R. Collins DOCUMENTATION: Included _x_ To Follow Not required _ AGENDA ITEM # So Board of County Commissioners RESOLunON NO. -2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA REQUESnNG THAT THE SUPERVISOR OF ELECTIONS PLACE ON THE AUGUST 31, 2004 PRIMARY BALLOT A REFERENDUM QUESTION CONCERNING A HALF-CENT SALES TAX FOR SCHOOL CAPITAL FUNDING. WHEREAS, the School Board of Monroe County has adopted Resolution No. 589 levying a sales surtax of .5 percent (1/2 cent) pursuant to Sec. 212.055(6), Florida Statutes; WHEREAS, such sales surtax cannot take effect until approved by the electors voting in a referendum concerning the sales surtax; WHEREAS, Sec. 212.055(6)(b), FS, requires the Monroe County Board of County Commissioners request that the Supervisor of Elections place the sales surtax referendum on the ballot; now, therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA that: Section 1. The Supervisor of Elections is requested to place on the August 31, 2004 primary election ballot the referendum adopted by the School Board in its Resolution No. 589 and attached to that Resolution as Exhibit B, all of which are attached to this Resolution of the County Commission. Section 2. The Clerk is directed to send a certified copy of this Resolution to the Supervisor of Elections. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 21st day of April, 2004. Mayor Nelson Mayor Pro Tern Rice Commissioner McCoy Commissioner Neugent Commissioner Spehar (SEAL) Attest: DANNY L.KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Deputy Clerk By Mayor/Chairperson jresRefSB.5surtax P.04 --~..:. _...' -,. ~:;~I,"'''''::le ..=~wr.-='i ';.:;~v": ~r.:;_ 3:~S 2:S:: ~":OE" :::.C2 RESOLUTION NO. 589 General DescctP~ '. . The c::IlSTJ1C:s ~plbl Improvement plan !s :'lot yet cnmple~. Continued funding IS. requ~ted tD f1!place ;emporary portabie dassrooms, 10r the renOllatlon, rebuilding, or r~eling of dlstn<:t sc:i'looI structures that wen! built befcre 1978, for real !!State lll:quislt:Jons. and rcr tecnnology upgrades. A more detailed description of the plQposed use of the proceeds of this ~iIm. and resolution is set forth in Exhibit "A~ l,g thl~ ResotutIon in accordance with ~ ~ 2l2..055(b)(q. NOW, THEREFORE, BE iT RESOLVEO BV7"r-iE SCHOOL BOARD OF MONROE COUNTY. Fi_ORtOA: S~io" 1. Tax Levyj There IS hereby levied and imposed within Monroe County 8 diSCT8tiQrlQry sales surtalC of .5 percent (onll-half cent) pursuant to the pTOvl~ioos of Section 212.055(8) Florid.. Statutes and Section 212.054 FrOfiCla S13tUles. Section 2. Term of L~ The.surt.a<< 3tJa11 COl'llmonQt January 1,2006. Th. surtalt ,--ball ramain in tu. force and erred for B periOCl of ten <'0) ~ from ar1d aft.. January 1. 2006 unless repealed 01 reduced prior IQ tnat time by resolution of the Sc:."1ooJ Board. which mpaal or reduction may be Bffee:tuated withDut referendum. Section ~. Adm!nistrallon. The eun.ax lIMed hereby S:'lal be collec18d. adrninis...-ed and pBicllC lI'Ie Sctlool Board by. the Oepar1ment of Rev8nue ~8F1r tfI the terms of SectIon 212.054, Florida StaMes .."d suCh other ilMS .. may tMt a~. Section 4. Use of ~ AIIIewfuJ uses pursuant to Sectton. 2,2.05S(t)l ~ 21.2.0$& as "" as Aorldll Staauu. A plan for tho SUIt4lX proceeds, ., 8CCCI'oance .tth Section 212.'05li(6)(b) and t,) of the Innial outlay projects to be funded by !he ~ Is see for1h in thO phlrl __nw hereto.. Exhltlft. -A-, Such plan may be modified from time to tIMo &Ill circ.nlltiincn crlange and needa arise. SeQgn 5.. SDeciIIJ Ref8renCSUm. The Sdtoat Board hervby requests that 1hIt 80Grd Of County Commluianers of Uooro. ~ty. FIorJOa call a $~ ~ Il!l ~ held ~ut Uontoo County. FIcrida. ror thlt purpose of ~itting to !he duly Ql4fitIec:I MldDrI of Manroe Countr lhe question sel fat'lh tw:rein. SecrJon 6. NoIIce <<EIec:IIQr!. Not less than ttm1y (30) d.ys. notice ~ -.lei eledicn at\aU be givBn by publicatiQn bOI\ ., engllsh end Spanish In . newspap.r at geNI8I ct'~Dn houghOl;lllhe District. SUCh publ"1Ca601J shall be "*'- ~ accordarQ, wllh .. and the reqLJltements on !he 'Supervisor of E1ecficna. The notice $hBll P8ad arlndiCated In lIIe BrtaChed ExhIOir "'.. SecUon 7. Off'1CiaI BiJII!?!: Tte afficIaI baIIDt to be used in the DIudion 10 t)e h8ICl on August 3' I ~ shall be in Engfltih and SP8nilh aM 5hal be in fur comprl8nC8 wfIh lr\e IBws of /he St.1e d FIorm ana shall ~ subS11lntJelly in 1ha all8ch1td NotIce form. If a mliVDrIly of the ~ caIt at auch eIeeb shaU be -FOR TI-tE ONE-HAlF CENT ~s TAX:". the ~ '-Y d suet! tIb ahall be apptt/'lled.nd said sururx snail btlllWIeG .s proYlded by law. Soction a. Eff~ D~ Sec:Uona" lh,-gugl'l 4 of IhIa Resolution _bal be et'J-.:aive and Is coodiUoned upon .pproval by . majority ar \IOtO$ Q~: by quallfled e~ if! the relurendum provided fa rleteln ana thG remaining sectlona ~ th~ ResaluUon 8h8U be 1Iff~ immediately upon its CMtopticn. Adopted Ihls --1l.- day of ~ ~. ~,~~ EilBlI!lnOuI S a . ~ "...';;__1 _. ./ .)...:......~"'\r~ Coun~. Florida 1II~'-,.J3 .ACh~ r1ntetlc1ent ;//9 11/18103 Pq.: -L of ~aeQ P.05 NonCE OF ELECTION NorlCE IS HEREBY GIVEN THAT AN ELECTION HAS BEEN CAlLED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AT THE REQUEST OF THE SCHOOL BOARD OF MONROE COUNTY. flORIDA FROM 7;00 A.M. UNTIL 7:00 P.M. ON TUESDAY, THE THIRTY-FIRST DAY OF AUGUST, 2004. AT WHICH TIME THERE SHAll BE SUBMITTED TO THE DULY QUALIFIED ELECTORS OF MONROE COUNTY, - FLORIDA THE FOlLOWING QUESTION: PROVIDING CONTINUED FUNDING FOR CAPrrAL PROJECTS AND TECHNOLOGY UPGRADES IN THE MONROE COUNTY SCHOOL DISTRICT: The district's capital improvement plan is not yet completed. ContlnlJed funding is required to replace temporary portable classrooms, for the renovation, rebuilding. or remodefing of district school structures that were built before 1978. for real estate acquisitions, and for technology upgrades. Shall the district extend the existiog one-hell c:erlt sales sur18x for 8 period of ten (10) years. beginning January 1, 2006 for capital projects? FOR THE ONE-HALF CENT SALES TAX AGAINST THE ONE-HALF CENT SALES TAX RESOLUTION NO. 589 ADOPTED BY THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA ON NOVEMBER 18,2003. PROVIDES FOR THE IMPOSITION OF A ONE-HAlF CENT SALES TAX. THE PROCEEDS OF WHICH SHAll BE USED TO COMPLETE THE DISTRlcrs CAPITAL IMPROVEMENT PlAN. IN ACCORDANCE WITH THE CONSTlTUTtON AND THE ElECTION LAWS OF THE STATE OF FLORIDA, ALL OUl Y QUALIFIED ELECTORS OF MONROE COUNTY, FLORIDA SHALl BE ENTITLED TO VOTE IN THE ELECTION TO WHICH THIS NOTICE PERTAINS.' THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA SHAll BE AUTHORIZED TO lEVY THE TAX COVERED BY THE QUESTION S'fATED ABOVE IF THE QUesTION SHAll BE APPROVED BY VOTE OF A MAJORITY OF THE OUL Y QUALIFIED ElECTORS OF MONROE COUNTY. FLORIDA VOTING THEREON. Exhibit '"8"