Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Item C09
C.9 Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS �� Mayor David Rice,District 4 The Florida Keys � Mayor Pro Tem Craig Cates,District 1 y Michelle Coldiron,District 2 James K.Scholl,District 3 Ij Holly Merrill Raschein,District 5 County Commission Meeting July 20, 2022 Agenda Item Number: C.9 Agenda Item Summary #10757 BULK ITEM: Yes DEPARTMENT: Engineering/Roads TIME APPROXIMATE: STAFF CONTACT: Judith Clarke (305) 295-4329 No AGENDA ITEM WORDING: Approval of Amendment 2 to the Gas Tax Sharing Interlocal Agreement (ILA)to update the percentage distributions for the 5-cent local option gas tax to include the 2020 census data and for the 6-cent local option gas tax to include the transportation expenditures for the last 5 fiscal years. The population and transportation expenditures methodology was previously agreed upon by the County and Cities. Direction to the Clerk to transmit the executed ILA to the Department of Revenue upon execution. ITEM BACKGROUND: The Florida Department of Revenue (DOR) handles the collection and distribution of the 5-cent and 6-cent gas tax revenues and requested for the percentage distributions to be provided to them no later than July 1, 2022, for the 6-cent and October 1, 2022 for the 5-cent. The County has been in contact with DOR and they are aware that the July 1 deadline will not be met. We have advised DOR that we will provide the agreed upon percentage distributions as soon as possible. Amendment 2 to the ILA has already been approved by the Village of Islamorada and the City of Marathon. The City of Key West will place Amendment 2 to the ILA before their Board for approval at their T A i; i;su meeting. The County and City representative met on August 9, 2021 to discuss updating the 5-cent percentage distribution based upon the 2020 census data and updating the 6-cent percentage distribution based upon the "transportation expenditures", as defined in F.S. 336.025, for last 5 fiscal years. The Cities were asked to submit their expenditures on or before January 31, 2022. The County has now received the "transportation expenditures" for all the Cities and a percentage distribution has been calculated and circulated based upon the Cities and County's transportation expenditures. The ILA provides the following with the distribution percentages as set forth below: All parties agree that the distribution of the 6-cent local option gas tax, imposed by County Ordinance No. 016-1989, as amended by Ordinance No. 026-1989 and as extended by Ordinance No. 033-2019 and authorized under Sec. 336.025(1)(a), Florida Statute shall be distributed based upon the transportation expenditures for the last five fiscal year among the COUNTY and CITIES as follows: Packet Pg. 135 C.9 Distribution City of Key West 28.3% City of Key Colony Beach .5% City of Layton .12% City of Marathon 5.3% The Village of Islamorada 9.2% Monroe County 56.5% All the parties agree that the 5-cent local option gas tax, imposed by County Ordinance No. 016- 2009 and Ordinance No. 029-2020, and authorized under Sec. 336.025(1)(b), Florida Statute shall be distributed based upon population (current 2020 census data) among the COUNTY and CITIES as follows: Distribution City of Key West 31.91% City of Key Colony Beach 0.95% City of Layton 0.25% City of Marathon 11.69% The Village of Islamorada 8.58% Monroe County 46.62% The ILA was amended to 2019 to provide for the County and Cities to periodically review the distributions. The population percentages for the 5-cent gas tax (2-cents was added in 2020)will likely remain in place until the 2030 census. The transportation expenditures will likely be updated in 5 years to ensure that all entities' transportation expenditures are included. This Amendment 2 to the ILA updates the distributions percentages and also updates Section 10 NOTICES. This Amendment does not affect the Supplemental ILAs dated 7/15/09 entered into with the City of Marathon, KCB, Layton and the Village of Islamorada. 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 4/16/08 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 local option fuel taxes (71h through 91h cents)under F.S. 336.025 (*There are 2 additional cents that were levied pursuant to Ordinance No. 029-2020 enacted on 9/3/20) 05/20/2009 (item R-6) BOCC adopts Ordinance 015-2009 levying"ninth-cent fuel tax" under F.S. Packet Pg. 136 C.9 206.41(1)(d) 5/20/2009 (Item Q-2) BOCC approved the Gas Tax Sharing ILA with the Cities (Key West, Marathon, Layton, Key Colony Beach and Islamorada) As directed by the BOCC at the 5/20/09 meeting, the BOCC then approved the Supplemental ILA with the Marathon, Layton, Key Colony Beach and Islamorada at its 7/15/09 meeting (Item Q-2) 9/30/19 (Item A-1) BOCC at its special meeting approved Ordinance 033-2019 extending the 6-cent gas tax for an additional 30-year period. (The 6-cent gas tax expires August 31, 2049) 8/9/2020 (Item P.6.) BOCC at its regular meeting approved an Amendment to the ILA adding periodic review in accordance with F.S. 336.025(1)(d) 9/3/2020- BOCC at its budget meeting approved Ordinance No. 029-2020 adding an additional 2- cents to the already levied 3-cent per Ordinance No. 016-2009 CONTRACT/AGREEMENT CHANGES: Update percentage based on census data and transportation expenditures for last 5 FY; update Notice Section STAFF RECOMMENDATION: Approval DOCUMENTATION: Agenda item and ILA dated 5 20 09 Amendment 2 to ILA with legal stamp and signature page for Islamorada, Marathon and KCB Incl. Amendment One to ILA dated 08_19_2020 Florida Stat. 336.025 County transportation system; levy of local option fuel and diesel fuel Ordinance 16-2009 Levying 3-cent local option Ordinance 33-2019 extending the 6-cent local option tax Ordinance 029-2020 Imposing additional 2-cents of 5-cents gas tax Village of Islamorada Executed Amendment 2 to ILA and Resolution Marathon Executed Amendment 2 to ILA and Resolution FINANCIAL IMPACT: Effective Date: 7/20/22 Expiration Date: ILA remains in effect unless terminated or replaced. Total Dollar Value of Contract: N/A Total Cost to County: N/A Current Year Portion: N/A Budgeted: N/A Source of Funds: N/A CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: Yes,per shared gas tax revenues If yes, amount: Depends upon gas tax revenues Packet Pg. 137 C.9 Grant: N/A County Match: N/A Insurance Required: N/A Additional Details: N/A The County will recevie its gas tax distribution from the Department of Revenue depending upon the gas tax revenue. REVIEWED BY: Judith Clarke Completed 06/21/2022 4:35 PM Christine Limbert Completed 06/22/2022 12:40 PM Purchasing Completed 06/22/2022 12:51 PM Budget and Finance Completed 07/05/2022 4:41 PM Brian Bradley Completed 07/05/2022 5:15 PM Lindsey Ballard Completed 07/05/2022 5:29 PM Board of County Commissioners Pending 07/20/2022 9:00 AM Packet Pg. 138 C.9.a BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 20 (Key Largo) Division: County Attorney Bulk Item: Yes X No _ Department. Suzanne Hutton Staff Contact Person/Phone#: X3470 AGENDA ITEM WORDING: Approval of Gas Tax Sharing Interlocal Agreement for local option gas tax. ITEM BACKGROUND: The County has had separate gas tax sharing agreements with municipalities, one with Key West which also covered Key Colony Beach and Layton, and one each with Islamorada and Marathon. Those ILAs expire at the end of June. After meeting with representatives of the municipalities, it was agreed to share the gas tax in the manner shown in contract,rather than risk what each entity's share would be under the statutory default provisions. U) PREVIOUS RELEVANT BOCC ACTION: Approval of II-As for sharing local option gas tax with all municipalities and sharing constitutional gas tax with all but the City of Key West, which still has streets and a bridge in its boundaries for which it has not assumed responsibility from County. Most recently, the BOCC voted to terminate the constitutional gas tax sharing as of the end of FY 2009. CONTRACTIAGREEMENT CHANGES: The contract provides for sharing the b local option cents gas tax currently,in effect in the same manner N LO as the previous sharing. For any and all of the additional 5 cents local option gas tax for which a public hearing is set for the same day as this item, the sharing will be in accord with current population ratios, as the only objective criteria on which some accord could be reached. STAFF RECOMMENDATIONS: Approval TOTAL COST: INDIRECT COST: BUDGETED: Yes No T COST TO COUNTY: SOURCE OF FUNDS: _Gas Tax (depends on result of public hearing) REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included Not Required DISPOSITION: AGENDA ITEM# Revised 1/09 Packet Pg. 139 C.9.a DANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: May 26, 2009 TO: Suzanne A. Hutton County Attorney ATTN: Kathy M. Peters Executive Assistant FROM: Pamela G. Hanc ck, C. 0 At the May 20, 2009, Board of County Commissioner's meeting the Board granted N approval and authorized execution of a Local Option Gas Tax Sharing Interlocal Agreement between Monroe County and the City of Key West, City of Key Colony Beach, City of Layton, City of Marathon and Islamorada, Village of Islands. Enclosed are copies of the IA with the Ci y of Key West and the City of Layton for your , handling. Should you have any questions please feel free to contact our office. N LO cc: Finance File ✓ E E c� Packet Pg. 140 C.9.a RESOLUTION NO. 09-108 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, AUTHORIZING THE EXECUTION OF THE ATTACHED INTARLOCAL AGREEMENT BETWEEN THE CITY OF KEY WEST, MONROE COUNTY, MARATHON, LAYTON, KEY COLONY BEACH AND ISLAMORADA, VILLAGE OF THE ISLANDS REGARDING DISTRIBUTION OF THE LOCAL OPTION FUEL TAX; ®a PROVIDING FOR AN EFFECTIVE DATE x M BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, AS FOLLOWS : 0 Section 1 : That the attached Interlocal Agreement is hereby approved. E Section 2 : That this Resolution shall go into effect immediately upon its passage and adoption and authentication by the LO signature of the presiding officer and the Clerk of the Commission. Passed and adopted by the City Commission at a meeting held this 5th day of May 2009 . Authenticated by the presiding officer and Clerk of the Commission on May 6 2009 a Filed with the Clerk May 6 2009 . ; E c� MORGANt HERSON)J MAYOR ATTEST: CHERYL SMI , CITY CLERK Packet Pg. 141 C.9.a LOCAL OPTION GAS TAX SHARING INTERLOCAL AGREEMENT ,,,,,,��// THIS INTERLOCAL AGREEMENT is made and entered into on the �"` day of May , 2009 between Monroe County (MONROE COUNTY), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, AND the City of Key West (KEY WEST), a municipal corporation of the State of Florida and whose address is 525 Angela Street, P. O. Box 1409, Key West, Florida; the City of Key Colony Beach (KEY COLONY BEACH), a municipal corporation of the State of Florida and whose address is P. O. Box 510141, 600 West Ocean Drive, Key Colony Beach, Florida 33051; the City of Layton (LAYTON), a municipal corporation of the State of Florida and whose address is P. O. Box 778, Long Key, Florida 33001; the City of Marathon (MARATHON), a municipal corporation of the State of Florida and whose address is 9805 Overseas Highway, Marathon, Florida 33050; and the city of Islamorada, The Village of Islands (ISLAMORADA), a municipal corporation of the State of Florida and whose address is 87000 Overseas Highway; Islamorada, Florida 33036; and X WHEREAS, pursuant to Florida Statutes Section 336.025, the county and municipalities M may enter into an interlocal agreement setting forth a distribution formula for dividing the entire proceeds of the tax among county government and all eligible municipalities within the county; and 0 c� WHEREAS, on May 24, 1999, MONROE COUNTY renewed the Interlocal Agreement for the distribution of local option gas tax revenues with the cities of KEY WEST, KEY COLONY BEACH and LAYTON to distribute the proceeds of the six cent local option gas tax imposed by COUNTY under Ordinance No. 016-1989, as amended by County Ordinance No. 026-1989, and as E authorized by Sec. 336.025, Florida Statutes, among the COUNTY and the cities of KEY WEST, KEY COLONY BEACH and LAYTON, according to the following percentages: Monroe County - 60.5%, City of Key West - 36.5%, City of Ivey Colony Beach - 2.0%, and City of N Layton - 1.0%; Ul' WHEREAS, on May 16, 2006 the parties agreed to extend the Agreement under the same terms, with the present Agreement due to expire June 30, 2009; and WHEREAS, the city of ISLAMORADA, VILLAGE OF ISLANDS, became incorporated on December 31, 1997 and became operational in March, 2000 and entitled to receive a proportionate share of local option gas tax revenues collected in Monroe County; and WHEREAS, the city of MARATHON became incorporated on November 30, 1999 and became operational on February 24, 2000 and entitled to receive a proportionate share of local option gas tax revenues collected in Monroe County starting July 1, 2000; and c� WHEREAS, pursuant to Sec. 336.025(4)(b), Florida Statutes, the percentage of gas tax revenues payable to a new city is based upon a statutory lane mile formula; and WHEREAS, on June 16, 2004, MONROE COUNTY entered into an individual Interlocal Agreement between MONROE COUNTY and the city of ISLAMORADA, VILLAGE OF ISLANDS for distribution of$294,500 local option gas tax revenues for each fiscal year during the term of the Agreement; and WHEREAS, on May 16, 2006 the parties agreed to extend the Agreement under the same terms, with the present Agreement due to expire June 30, 2009; and Page I of 5 1 Local Option Gas Tax ILA 4/14/09 SH Packet Pg. 142 C.9.a WHEREAS, on June 16, 2004, MONROE COUNTY entered into an individual Interlocal Agreement between MONROE COUNTY and the city of MARATHON for distribution of $273,733.38 local option gas tax revenues for each year during the term of the Agreement; and WHEREAS, the parties agreed to extend the Agreement under the same terms on May 16, 2006, with the present Agreement due to expire June 30, 2009; WHEREAS, the State of Florida, Department of Revenue is authorized to distribute directly to the COUNTY and to the named municipalities their statutory share of the gas tax revenues; and WHEREAS, pursuant to Chapter 336.025(5)(a), Florida Statutes, COUNTY must notify the State of Florida, Department of Revenue, in writing, of COUNTY's intent to let these Agreements expire or, if to be extended, to adopt and provide the Department of Revenue with a new Agreement by July 1, 2009; and X WHEREAS, it is the desire of all parties to extend the existing Interlocal Agreements under M the present terms and conditions in each individual Interlocal Agreement under one combined Interlocal Agreement; and e c� WHEREAS, the COUNTY has scheduled and noticed for May 20, 2009, a public hearing for an additional five-cent local option gas tax pursuant to the authority of F.S. 336.025(1)(b), and E the parties desire to set forth in this agreement their agreement as to the distribution of any proceeds from the proposed additional tax that may result from an ordinance passed at that May 201h meeting; E now, therefore IN CONSIDERATION OF the mutual promises and conditions contained herein, the LO PARTIES agree as follows: SECTION 1. TERM. Pursuant to Sec. 163.01, Florida Statutes, subject to and upon the terms and conditions set forth herein, this Agreement shall be effective beginning July 1, 2009 and continue in force for five years. E If a new agreement has not been adopted by July 1, 2014, the terms of this agreement shall continue to be effective until such time as either: A) a new interlocal agreement is in place; or B) an agreement with respect to the statutory formula specified in Florida Statute section 336.025 is reached, or a determination regarding such formula for distribution is made by the Administration Commission. SECTION 2. DISTRIBUTION OF REVENUES. The State of Florida, Department of Revenue, is authorized to distribute the designated share of the local option gas tax revenues directly to the COUNTY and the named cities in this Interlocal Agreement. SECTION 3. REVENUE SHARE ALLOCATION A. All parties agree the proceeds of the six cent local option gas tax, imposed by County Ordinance No. 016-1989, as amended by County Ordinance No. 026-1989, and as authorized by Sec. 336.025, Page 2 of 5 2 Local Option Gas Tax ILA 4/14/09 SH Packet Pg. 143 C.9.a Florida Statutes, shall be distributed among the COUNTY and the named cities based on prior distributions, as set forth below: Distribution City of Key West 36.5% of the taxes distributed City of Key Colony Beach 2.0% of the taxes distributed City of Layton 1.0% of the taxes distributed City of Marathon $273,733.38 per annum Islamorada, VOI $294,500.00 per annum Monroe County Remainder B. All parties agree the proceeds of any of the additional five cent local option gas tax currently proposed to be imposed by County Ordinance, as is set for public hearing at the May 20, 2009 County Commission regularly scheduled meeting, and as authorized by Sec. 336.025, Florida Statutes, upon approval of an ordinance levyingsame,ame• shall be distributed among the COUNTY and the named cities based on the percentages set forth below: U) DISTRIBUTION PERCENTAGE 0 City of Key West 31.21% N City of Key Colony Beach 1.09% City of Layton 0.26% City of Marathon 13.17% Islamorada, VOI 9.06% E Monroe County 45.21% TOTAL 100.00% CN SECTION 4. ADJUSTMENT "O No adjustment to the distributions specified in Section 3 above shall be made except in a written document executed by all parties affected by the adjustment. SECTION 5. AUTHORIZATION Pursuant to Section 163.02, Florida Statutes, the parties are authorized to enter into this Interlocal Agreement. SECTION 6. TERMINATION. This Agreement may be terminated prior to the June 30, 2014, date only in writing and by agreement of the parties hereto. SECTION T. ASSIGNMENT. No Party may assign this Agreement or assign or subcontract any of its obligations under this Agreement without the approval of the governing boards of the other Parties. All the obligations of this Agreement will extend to and bind the legal representatives, successors and assigns of the all Parties. SECTION 8. SUBORDINATION. This Agreement is subordinate to the laws and regulations of the United States, and the State of Florida, whether in effect on commencement of this agreement or adopted after that date. Page 3 of 5 3 Local Option Gas Tax ILA 4/14/09 SH Packet Pg. 144 C.9.a SECTION 9. GOVERNING LAWSNENUE. This Agreement is governed by the laws of the State of Florida and the United States. Venue for any dispute arising under this Agreement must be in Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to a reasonable attorney's fee and costs. SECTION 10. NOTICES. Notices in this Agreement, unless otherwise specified, must be sent by certified mail to the following: COUNTY: ISLAMORAPA: County Administrator Roman Gastesi Mayor Don Achenberg 1100 Simonton Street 81990 Overseas Highway, 2nd Floor Key West, FL 33040 P. O. Box 568 & Islamorada, FL 33036 County Attorney Suzanne Hutton & P. O. Box 1026 Nina Boniske, Village Attorney Key West, FiL 33041 2665 S. Bayshore Drive, Sutie 420 Miami, FL 33133 KEY COLONY BEACH: LAYTON: 0 Thomas D. Wright Mr. Dirk Smits, Esq C14 City Attorney for Key Colony Beach City Attorney for Layton 9711 Overseas Highway 81990 Overseas Highway, Third Floor Marathon, FL 33050 Islamorada, FL 33036 & & Mayor Ron Sutton Mayor Norman Anderson PO Box 510141 PO Box 778 Key Colony:Beach, FL 33051 Long Key, FL 33001 cN LO MARATHON: KEY WEST: Mayor Mike Cinque City Manager rim Scholl & 9805 Overseas Highway City Attorney Shawn Smith Marathon, Fl. 33050 P. O. Box 1409 & Key West, FL 33041 City Attorney Jimmy Morales 150 W. Flagler Street, Suite 2200 Miami, FL 33130 a� SECTION 11. FULL UNDERSTANDING. This Agreement is the parties' final mutual understanding regarding the subject matter hereof. It replaces any earlier agreements or understandings, whether written or oral. This Agreement Cannot be modified or replaced except by another written and signed agreement. SECTION 12. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. SECTION 13. EFFECTIVE DATE This Interlocal Agreement will take effect on July 1, 2009. Page 4 of 5 4 Local Option Gas Tax ILA 4/14/09 SH Packet Pg. 145 C.9.a IN WJTPW_$S WHEREOF, each party has caused this Agreement to be executed by its duly autl � tepr`sbtative. (SEAL,w BOA OF COUNTY COMMISSIONERS ATTEST: DANK . I OLHAGE, CLERK OF M ROE COUNTY,FLORIDA By: B '�` h.4&qesr� - y D puty Clerk Mayor/Chairman (SEAL) ISLAMORADA, VILLAGE OF ISLANDS ATTEST: By — By Clerk Mayor 0 CN OP CITY OF KEY ST ., E x �.. I k M or max, AI CN (SEAL) CITY OF KEY COLONY BEACH ATTEST: By: By: _ Clerk Mayor ; —mac rNa CM q rn (SEAL) CITY OF LAYTON !v ) ATTEST: -9 CA E By: By: Clerk Mayor (SEAL) CITY OF MARATHON ATTEST: By: By: Clerk Mayor Page 5 of 5 P VED A �R"V:_ " 5 Local Option Gas Tax ILA 4/14/09 SH PEDRO J. Packet Pg. 146 NTY ATTORNE C.9.b AMENDMENT TWO TO LOCAL OPTION GAS TAX SHARING INTERLOCAL AGREEMENT THIS AMENDMENT TWO TO THE LOCAL OPTION GAS TAX SHARING 0 INTERLOCAL AGREEMENT is made and entered into as of this 20th day of July 2022, between Monroe County, a political subdivision of the State of Florida, (hereinafter the COUNTY), and the City of Key West, a municipal corporation organized and existing under the laws of the State of Florida, (hereinafter Key West) and the City of Key Colony Beach, a municipal corporation organized and existing under the laws of the State of Florida, (hereinafter Key Colony Beach); and < the City of Layton, a municipal corporation organized and existing under the laws of the State of Florida, (hereinafter Layton); and the City of Marathon, a municipal corporation organized and existing under the laws of the State of Florida,(hereinafter Marathon), and the City of Islamorada, The Village of Islands, a municipal corporation organized and existing under the laws of the State of Florida, (hereinafter Islamorada) or collectively referred to as CITIES. WHEREAS, the CITIES and the COUNTY entered into a Local Option Gas Tax Sharing Interlocal Agreement(herein after referred to as "ILA") dated May 20, 2009 in accordance with F.S. 336.025 setting forth a distribution formula for dividing the 6-cents and 5-cents proceeds of the gas tax among the County and all eligible municipalities within Monroe County; and 0 WHEREAS, in accordance with F.S. 336.025(1)(d), the ILA was amended August 19, E 2020 to add a provision for periodic review whereby the local government entities will meet every two years to review and evaluate the method of distribution in accordance with the Statute; and 0 a� WHEREAS, the County and Cities representatives have met and agreed to update theCL distribution formula for the 5-cent local option gas tax distribution that is based upon population 2 to include the 2020 census data and to incorporate the transportation expenditures for each local government for the last five fiscal years for the 6-cent local option gas tax distribution; and WHEREAS, Section 10.NOTICES of the ILA will be amended and updated to reflect the individuals currently holding COUNTY and CITY positions; C, NOW THEREFORE, in consideration of the mutual promises and conditions contained U) herein, the parties agree to amend the ILA as follows: 1. Section 3. Revenue Share Allocation shall be amended to read as follows: SECTION 3. REVENUE SHARE ALLOCATION All parties agree that the distribution of the 6-cent local option gas tax, imposed by County Ordinance No. 016-1989, as amended by Ordinance No. 026-1989 and as extended by Ordinance No. 033-2019 and authorized under Sec. 336.025(1)(a), Florida Statute shall be distributed based upon the transportation expenditures for the last five fiscal year among the COUNTY and CITIES as follows: u E Distribution City of Key West 28.3% City of Key Colony Beach 0.5% Page 1 of 8 Amendment Two to ILA- Local Option Gas Tax Sharing Packet Pg. 147 C.9.b City of Layton 0.12% X City of Marathon 5.3% U) The Village of Islamorada 9.2% Monroe County 56.5% 0 c14 B. All the parties agree that the 5-cent local option gas tax, imposed by County Ordinance No. 016-2009 and Ordinance No. 029-2020, and authorized under Sec. 336.025(1)(b), Florida Statute shall be distributed based upon population (current 2020 census data) among the COUNTY and CITIES as follows: Distribution City of Key West 31.91% City of Key Colony Beach 0.95% City of Layton 0.25% City of Marathon 11.69% The Village of Islamorada 8.58% Monroe County 46.62% 2. Section 10 of the ILA shall be amended as follows: SECTION 10.NOTICES. Notices in this Agreement,unless otherwise specified,must be sent by certified mail to the following: E COUNTY: 0 County Administrator Roman Gastesi 1100 Simonton Street Key West, FL 33040 2 County Attorney Robert B. Shillinger P. O. Box 1026 U) Key West, FL 33041 C, KEY COLONY BEACH: City Manager Dave Turner U) P.O. Box 510141 a� Key Colony Beach, FL 33051 Mr. Dirk Smits, Esq City Attorney for Key Colony Beach 0 81990 Overseas Highway, Third Floor CN Islamorada, FL 33036 E MARATHON: George Garrett , City Manager& E City Attorney Steve Williams 9805 Overseas Highway E Marathon, FL 33050 Page 2 of 8 Amendment Two to ILA- Local Option Gas Tax Sharing Packet Pg. 148 C.9.b ISLAMORADA: City Manager& Roget V. Bryan, Village Attorney 0 86800 Overseas Highway04 Islamorada, FL 33036 LAYTON: Mayor Bruce Halle PO Box 778 Long Key, FL 33001 Mr. Dirk Smits, Esq City Attorney for Layton 81990 Overseas Highway, Third Floor Islamorada, FL 33036 e� KEY WEST: City Manager-Patti McLauchlan & City Attorney Shawn Smith P. O. Box 1409 E Key West, FL 33041 0 3. All other terms and conditions of the ILA dated May 20, 2009, as amended, remain in full (D force and effect. C. 2 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. a (SEAL) BOARD OF COUNTY COMMISSIONERS KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA e� By By: As Deputy Clerk Mayor/Chairperson a The Remainder of this page Intentionally Left Blank 0 04 (D E MONROE COUNTY ATTORNEY . hPPR V2:';bASTOFO E CFIRIST9NE Llbi®ERT•BASLROW S ASSISTANT COUNTY ATTORNEY DATE __._._.f.122122 ._.._. (D E E� Page 3 of 8 Amendment Two to ILA- Local Option Gas Tax Sharing Packet Pg. 149 C.9.b x U) M 0 c14 (SEAL) CITY OF KEY WEST ATTEST: By: By: Clerk Mayor ao u The Remainder of this page Intentionally Left Blank 0 0 U) E U) 0 cN E E E c� Page 4 of 8 Amendment Two to ILA- Local Option Gas Tax Sharing Packet Pg. 150 C.9.b �c 0 (BEAD) CITY OF :KEY COLONY BEACH cN ATT 1, E By: By: Clerk Mayor u The Remainder of this page Intentionally Left Blank 0 0 E 0 U) E U) 0 cN E E E c� Page 5 of Amendment Two to ILA- Local Option Gas Tax Sharing Packet Pg. 151 C.9.b 0 (SEAL) CITY OF LAYTONCN ATTEST: u By: By: Clerk Mayor u The Remainder of this page Intentionally Left Blank 0 0 E 0 U) E U) 0 cN E E 4i E c� Page 6 of 8 Amendment Two to ILA- Local Option Gas Tax Sharing Packet Pg. 152 C.9.b x U) M 0 c14 (SEAL) CITY OF MARATHON ATTEST: w E JD Clerk Mayor u The Remainder of this page Intentionally Left Blank 0 0 0 E 0 cN E E E c� Page 7 of 8 ° Amendment Two to ILA- Local Option Gas Tax Sharing Packet Pg. 153 C.9.b x U) M 0 c14 (SEAL) CITY OF ISLAMORADA, VILLAGE � ISLANDS ATTEST: By: Clerk Mayor e Remainder of this page Intentionally Left 0 E 0 U) E U) 0 cN E E E c� Page Amendment Two to ILA®Local i® as Tax Sharing Packet Pg. 154 C.9.c Kevin Madok, CPA .� t Clerk of the Circuit Court&Comptroller—Monroe County, Florida September 30, 2020 State of Florida Florida Departinent of Revenue 50.50 NL- Yclllzessec Strut Tallahassee, 1'I.32,'399 x To Wljoin It May Concern: M U) Attaclied is an electronic copy of the 1 st Amendment to the Gas ri'ax Sliaring Interlocal o Agreement between Monroe County, City of Key West., City of Key Colony Beacli, City of C14 I,ayton, City of Mai~atlion and City of Islainorada,the Village of Islands to add periodic review of die gas tax distributions in accordance with Section 336.025, Florida Statutes. This amendment was approved by die Monroe County Board of County Coininissioners, E at a regular inecting lield in formal session, on August 19, 2020. Once you have accepted the document into the record please send confirmation. cN cN i Sliould you have any questions, please feel free to contact me at. (305) 292-3550. i oo Respectfully Submitted, Kevin Madok, CPA 0 Clerk of the Circuit.Court.&Comptroller& ex-oflicio to die Monroe County Board of' 0 County Commissioners E By: Paincla G. Haricot k, D.C: E E c� CC., County Administrator County Attorney Finance OMIT File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305f Packet Pg. 155 C.9.c AMENDMENT ONE TO LOCAL OPTION GAS TAX SHARING INTERLOCAL AGREEMENT THIS AMENDMENT ONE TO THE LOCAL OPTION GAS TAX SHARING INTERLOCAL AGREEMENT is made and entered into as of this 19' day of August 2020, between Monroe County, a political subdivision of the State of Florida, (hereinafter the COUNTY), and the City of Key West, a municipal corporation organized and existing under the laws of the State of Florida, (hereinafter Key West) and the City of Key Colony Beach, a municipal corporation organized and existing under the laws of the State of Florida, (hereinafter Key Colony Beach);and the City of Layton,a municipal corporation organized and existing under the laws of the State of Florida, (hereinafter Layton); and the City of Marathon, a municipal corporation organized and existing under the laws of the State of Florida, (hereinafter Marathon), and the City of Islamorada, The Village of Islands, a municipal corporation organized and cu existing under the laws of the State of Florida, (hereinafter Islamorada) or collectively referred to as CITIES. 0 WHEREAS,the CITIES and the COUNTY entered into a Local Option Gas Tax Sharing Interlocal Agreement (herein after referred to as "ILA") dated May 20, 2009 in accordance with F.S. 336.025 setting forth a distribution formula for dividing the entire proceeds of the tax amount county government and all eligible municipalities within the County; and E WHEREAS, in accordance with F.S. 336.025(l)(d), if the ILA "entered into under this section does not provided for automatic adjustments or periodic review by the local governmental Q ,,1.�ties ❑f the method of distribution of the local option fuel tax revenues, the parties to the e,� agreement shall review and hold public hearings on the terms of the agreement at least every 2 i oo years"; and WHEREAS, this amendment seeks to add a provision for the local government entities to meet every two years to review and evaluate the method of distribution in accordance with the Statute; and 0 WHEREAS, the County and Cities agree that the amounts, percentages and method of 0 distribution in the ILA dated May 20, 2009 remains as set forth therein; and E WHEREAS,Section 10.NOTICES of the ILA will be amended and updated to reflect the individuals currently holding COUNTY and CITY positions; E NOW THEREFORE, in consideration of the mutual promises and conditions contained herein,the parties agree to amend the ILA as follows: c� 1. The ILA shall be amended to add the following; SECTION 14. PERIODIC REVIEW. Beginning in 2021, the parties agree to meet at least every two years to evaluate the method of distribution of the local option gas tax revenues in accordance with Section 336.025(l)(d),Florida Statutes. Any of the CITIES or the COUNTY may call a meeting at any time to evaluate the Page 1 of S Amendment One to ILA- Local Option Gas Tax Sharing Packet Pg. 156 C.9.c method of distribution. Each municipality shall be represented at such meeting and the COUNTY shall be represented by representatives as selected by the County Administrator's Office. The CITIES or the COUNTY may call for such meeting by providing thirty days'notice to the other as set forth in SECTION 10 herein. 2. The ILA shall be amended as follows: SECTION 10.NOTICES.Notices in this Agreement,unless otherwise specified,must be sent by certified mail to the following: COUNTY: County Administrator Roman Gastesi 1100 Simonton Street X Key West,FL 33040 cu U) County Attorney Robert B. Shillinger P. O. Box 1026 0 CN Key West,FL 33041 KEY COLONY BEACH: Mayor John Deneale E P.O. Box 510141 Key Colony Beach, FL 33051 cN Thomas D. Wright CN City Attorney for Key Colony Beach i 00 9711 Overseas Highway Marathon, FL 33050 MARATHON: Chuck Lindsey,City Manager& 0 City Attorney 9805 Overseas Highway 0 Marathon, FL 33050 E ISLAMORADA: City Manager Seth Lawless& Roget V. Bryan, Village Attorney .. 86800 Overseas Highway Islamorada, FL 33036 E c� LAYTON: Mayor Bruce Halle PO Box 778 Long Key, FL 33001 Mr. Dirk Smits, Esq Page 2 of S Amendment One to ILA- Local Option Gas Tax Sharing Packet Pg. 157 C.9.c City Attorney for Layton 81990 Overseas Highway,Third Floor Islamorada, FL 33036 KEY WEST: City Manager-Greg Veliz& City Attorney Shawn Smith P. O. Box 1409 Ivey West, FL 33041 3. The parties agree that the proceeds of the six-cent local Option gas tax,imposed by County Ordinance No. 033-2019, and as authorized by Sec. 336.025, Florida Statutes, shall be distributed among the COUNTY and the named CITIES as set forth in Paragraph A of Section 3.Revenue Share Allocation. 4. The parties agree that the proceeds of any of the additional five-cent local option gas tax, imposed by the County, including County Ordinance No. 16-2009 imposing a 3-cent local option gas tax, or upon approval of an ordinance levying the local option gas tax, shall be distributed among the COUNTY and the named CITIES based on the percentage set forth in Paragraph B of Section 3. Revenue Share Allocation. 5. All other terms and conditions of the ILA dated May 20, 2009 remain in full force and effect. Q CN g ESS WHEREOF,the parties hereto have set their hands and seals the day and year firstoo i itten. f BOARD OF COUNTY COMMISSIONERS MADOK, CLERK OF MONROE C FLORIDA 0 y By: As Deputy lerk MayorlC i sa Heather Carruthers E a � The Remainder of this page Intentionally Left Blank > r,- E c-- - CD == cs C7 MONROE TTORNEY � LL �� AS ice! V7 - C B.SHLUNGEFt.JR. Page 3of8 Amendment One to ILA- Local Option Gas Tax Sharing Packet Pg. 158 C.9.c _,Z 1� �9 - CITY OF ST or 7U' ,r 0 cN a 0 The Remainder of this page Intentionally Left Blank cN cN i oo Cu 0 E E E c� Page 4 of 8 Amendment One to ILA-Local Option Gas Tax Sharing Packet Pg. 159 C.9.c (SIIAL) CITY OF KEY COLONY BEACH ATTEST: By A55� . Cl ark ayor en The Remainder of this page Entmtfonelly Left Blank 0 cN E cN cN i 0) i oo E E E c� Pagc S of 8 Amendment One to ILA-Local Option Gas Tax Shan mg S Packet Pg. 160 C.9.c {SEAL} CITY OF LAYTGN ATTEST: By By: Clerk Mayor x U) The Remainder of this page Intentionally Left Blank o CN E cN cN i 0) i oo cu 0 E E E c� cu Page 6 of 8 Amendment One to ILA- Local Option Gas Tax Sharing Packet Pg. 161 C.9.c (SEAL) CITY OF MARATHON ATTEST: By: Diane Clavier, City Clerk Ste ook,Mayor 0 CN The Remainder of this page Intentionally Left Blank E cN cN i 0) i oo E E E c� Page 7 of S Amendment One to ILA-Local Option Gas Tax Sharing Packet Pg. 162 C.9.c (SEAL) =SLAMORADA,VILLAG SLANDS ATTEST: By: 4GA+, U) Wlerkl Ma 0 cN The Remainder of this page Intentionally Leh Blank cN cN i 0) i oo E E E c� Page 8 of 8 Amendment One to ILA-Local Option Gas Tax Sharing Packet Pg. 163 �w KeyCite Yellow Flag-Negative Treatment Proposed Legislation X West's Florida Statutes Annotated Title XXV1.Public Transportation(Chapters 334-349) Chapter 336.County Road Systems (Refs&Annos) 0 West's F.S.A. § 336.025 as 336.025.County transportation system;levy of local option fuel tax on motor fuel and diesel fuel as Effective:May 25,2017 E Currerutness _� qb 4— (1)(a)In addition to other taxes allowed by law,there may be levied as provided in ss. 206.41(1)(e)and 206.87(1)(c)a 1-cent, U) 2-cent, 3-cent, 4-cent, 5-cent, or 6-cent local option fuel tax upon every gallon of motor fuel and diesel fuel sold in a county and taxed under the provisions of part I or part 11 of chapter 206. as 4- 1. All impositions and rate changes of the tax shall be levied before October 1 to be effective January 1 of the following year r_ for a period not to exceed 30 years, and the applicable method of distribution shall be established pursuant to subsection(3) CL or subsection(4).However,levies of the tax which were in effect on July 1,2002,and which expire on August 31 of any year c may be reimposed at the current authorized rate provided the tax is levied before July 1 and is effective September 1 of the L) year of expiration. Upon expiration, the tax may be relevied provided that a redetermination of the method of distribution is 4- 0 made as provided in this section. as 2. County and municipal governments shall utilize moneys received pursuant to this paragraph only for transportation U) expenditures. r_ 0 3. Any tax levied pursuant to this paragraph may be extended on a majority vote of the governing body of the county. A redetermination of the method of distribution shall be established pursuant to subsection(3)or subsection(4),if,after July 1, C 1986,the tax is extended or the tax rate changed,for the period of extension or for the additional tax. (b) In addition to other taxes allowed by law, there may be levied as provided in s. 206.41(1)(e) a 1-cent, 2-cent, 3-cent, 4- cent,or 5-cent local option fuel tax upon every gallon of motor fuel sold in a county and taxed under the provisions of part I of U Ln chapter 206. The tax shall be levied by an ordinance adopted by a majority plus one vote of the membership of the governing � body of the county or by referendum. 1. All impositions and rate changes of the tax shall be levied before October 1,to be effective January 1 of the following year. However,levies of the tax which were in effect on July 1,2002,and which expire on August 31 of any year may be reimposed at the current authorized rate provided the tax is levied before July 1 and is effective September 1 of the year of expiration. _ as 2. The county may,prior to levy of the tax,establish by interlocal agreement with one or more municipalities located therein, representing a majority of the population of the incorporated area within the county, a distribution formula for dividing the ll, ti;l ln�,z� 2022 � Uo S01,1 11'1,1 s ``'),o cI,;i o ol I a J o/r l I"I"I'fr l"I', //rinks Packet Pg. 164 6..025„ Couirnty tirairn porta-dour y teirrrn, Ilevy o-If Ilocall op-bairn 1huell,,,,,,, IRL ST§336..025 entire proceeds of the tax among county government and all eligible municipalities within the county.If no interlocal agreement -� is adopted before the effective date of the tax, tax revenues shall be distributed pursuant to the provisions of subsection(4). If no interlocal agreement exists, a new interlocal agreement may be established prior to June 1 of any year pursuant to this C subparagraph. However, any interlocal agreement agreed to under this subparagraph after the initial levy of the tax or change in the tax rate authorized in this section shall under no circumstances materially or adversely affect the rights of holders of outstanding bonds which are backed by taxes authorized by this paragraph,and the amounts distributed to the county government iM and each municipality shall not be reduced below the amount necessary for the payment of principal and interest and reserves U) M for principal and interest as required under the covenants of any bond resolution outstanding on the date of establishment of the new interlocal agreement. 04 as 3. County and municipal governments shall use moneys received pursuant to this paragraph for transportation expenditures 'G needed to meet the requirements of the capital improvements element of an adopted comprehensive plan or for expenditures needed to meet immediate local transportation problems and for other transportation-related expenditures that are critical for building comprehensive roadway networks by local governments. For purposes of this paragraph, expenditures for the Z as construction of new roads, the reconstruction or resurfacing of existing paved roads, or the paving of existing graded roads shall be deemed to increase capacity and such projects shall be included in the capital improvements element of an adopted comprehensive plan.Expenditures for purposes of this paragraph shall not include routine maintenance of roads. as (c)Local governments may use the services of the Division of Bond Finance of the State Board of Administration pursuant to Z the State Bond Act to issue any bonds through the provisions of this section and may pledge the revenues from local option - fuel taxes to secure the payment of the bonds. Counties and municipalities may join together for the issuance of bonds issued pursuant to this section. 0 (d)If an interlocal agreement entered into under this section does not provide for automatic adjustments or periodic review by 0 the local governmental entities of the method of distribution of local option fuel tax revenues,the parties to the agreement shall review and hold public hearings on the terms of the agreement at least every 2 years. as as U) (2)(a)The tax levied pursuant to paragraph(1)(a)shall be collected and remitted in the same manner provided by ss.206.41(1) U) (e)and 200.8 7(l)(c).The tax levied pursuant to paragraph(1)(b)shall be collected and remitted in the same manner provided by 0 s. 200.41(1)(e).The taxes remitted pursuant to this section shall be transferred to the Local Option Fuel Tax Trust Fund,which tf fund is created for distribution to the county and eligible municipal governments within the county in which the tax was collected 0. and which fund is subject to the service charge imposed in chapter 215. The tax shall be distributed monthly by the department in the same manner provided by s.330.021(1)(c)and(d).The department shall deduct the administrative costs incurred by it in collecting,administering,enforcing,and distributing back to the counties the tax,which administrative costs may not exceed 2 percent of collections authorized by this section.The total administrative costs shall be prorated among those counties levying the tax according to the following formula,which shall be revised on July 1 of each year: Two-thirds of the amount deducted to Ln shall be based on the county's proportional share of the number of dealers who are registered for purposes of chapter 212 on 04 June 30 of the preceding state fiscal year,and one-third of the amount deducted shall be based on the county's share of the total amount of the tax collected during the preceding state fiscal year. The department has the authority to prescribe and publish all forms upon which reports shall be made to it and other forms and records deemed to be necessary for proper administration and collection of the taxes levied by any county and shall promulgate such rules as may be necessary for the enforcement of M this section,which rules shall have the full force and effect of law. The provisions of ss. 206.026,206.027,200.028,206.051, 206.052,206.054,206.055,206.06,206.07,206.075,206.08,206.09,206.095,206.10,206.11,206.12,206.13,206.14,206.15, U- 206.16,206.17,206.175,200.18,206.199,206.20,206.204,206.205,206.21,206.215,206.22,206.24,206.27,200.28,206.41, � 206.416, 206.44, 206.45, 200.48, 206.49, 206.56, 206.59, 206.626, 200.8 7, 200.8 72, 200.8 73, 200.8 735, 200.8 74, 200.8 741, E M U ll, ;7'l,A,o i 022 ``'J,o cI,;i o ol lf a re/r l I'1"',1r 1"1', //till's Packet Pg. 165 6..025„ Couinty tirairn porta-dour y to ni; Ilevy apt Ilocall op-boin tuell,,,,,,, IRL ST§336..025 206.94,and 206.945 shall,as far as practicable,be applicable to the levy and collection of taxes imposed pursuant to this section -� as if fully set out in this section. a (b)The provisions of s. 206.43(7)shall apply to the incorrect reporting of the tax levied under this section. X (c)The provisions for refund provided in s.206.625 are not applicable to the tax levied pursuant to paragraph(1)(a)or paragraph U) (1)(b)by any county. 0 04 (3)The tax authorized pursuant to paragraph(1)(a)shall be levied using either of the following procedures: E C as E (a)The tax may be levied by an ordinance adopted by a majority vote of the governing body or upon approval by referendum. Such ordinance shall be adopted in accordance with the requirements imposed under one of the following circumstances, as whichever is applicable: 4- as U) as 1. The county may, prior to June 1, establish by interlocal agreement with one or more of the municipalities located therein, 'G representing a majority of the population of the incorporated area within the county, a distribution formula for dividing the M entire proceeds of the local option fuel tax among the county government and all eligible municipalities within the county. If � no interlocal agreement exists, a new interlocal agreement may be established prior to August 1, 1986, or June 1 of any year C thereafter pursuant to this subparagraph However,any interlocal agreement agreed to under this subparagraph after the initial 2 imposition of the tax, extension of the tax, or change in the tax rate authorized in this section shall under no circumstances c materially or adversely affect the rights of holders of outstanding bonds which are backed by taxes authorized by this section, and the amounts distributed to the county government and each municipality shall not be reduced below the amount necessary 4- for the payment of principal and interest and reserves for principal and interest as required under the covenants of any bond c resolution outstanding on the date of establishment of the new interlocal agreement. as i 2. If an interlocal agreement has not been executed pursuant to subparagraph 1., the county may, prior to June 10, adopt a � U) resolution of intent to levy the tax allowed in paragraph(1)(a). C 3.Notwithstanding subparagraphs 1.and 2.,any inland county with a population greater than 500,000 as of July 1, 1996,with CL an interlocal agreement with one or more of the incorporated areas within the county established pursuant to subparagraph 1. C must utilize the population estimates of local governmental units as of April 1 of each year pursuant to s. 186.901,for dividing the proceeds of the local option fuel tax contained in such interlocal agreement.However, any interlocal agreement agreed to under this subparagraph after the initial imposition of the tax, extension of the tax, or change in the tax rate authorized in this 0 section shall under no circumstances materially or adversely affect the rights of holders of outstanding bonds which are backed ,fin 04 by taxes authorized by this section, and the amounts distributed to the county government and each municipality shall not be R reduced below the amount necessary for the payment of principal and interest and reserves for principal and interest as required under the covenants of any bond resolution outstanding on the date of establishment of the new interlocal agreement. (b) If no interlocal agreement or resolution is adopted pursuant to subparagraph(a)l. or subparagraph(a)2., municipalities representing more than 50 percent of the county population may,prior to June 20,adopt uniform resolutions approving the local U- option tax,establishing the duration of the levy and the rate authorized in paragraph(1)(a),and setting the date for a countywide referendum on whether to levy the tax. A referendum shall be held in accordance with the provisions of such resolution and E ll, ;'1'l,A,o i 022 r ``'J,o cI,;i o ol I a o/r l I"I"',I l"I', //till'"s Packet Pg. 166 6..025„ Couirnty tirairn porta-dour y taro; Ilevy o-If Ilocall op-hour Zhu ell,,,,,,, FIL ST§336..025 applicable state law,provided that the county shall bear the costs thereof. The tax shall be levied and collected countywide on -� January 1 following 30 days after voter approval. CD a (4)(a)If the tax authorized pursuant to paragraph(1)(a)is levied under the circumstances of subparagraph(3)(a)2.or paragraph (3)(b), the proceeds of the tax shall be distributed among the county government and eligible municipalities based on the X transportation expenditures of each for the immediately preceding 5 fiscal years,as a proportion of the total of such expenditures i U) for the county and all municipalities within the county.After the initial levy of a taxbeing distributed pursuant to the provisions of this paragraph,the proportions shall be recalculated every 10 years based on the transportation expenditures of the immediately 0 preceding 5 years.However,such recalculation shall under no circumstances materially or adversely affect the rights of holders 04 of bonds outstanding on July 1, 1986, which are backed by taxes authorized in paragraph(1)(a), and the amounts distributed to the county government and each municipality shall not be reduced below the amount necessary for the payment of principal 'G and interest and reserves for principal and interest as required under the covenants of any bond resolution outstanding on the date of the recalculation. < as 4- (b)Any newly incorporated municipality which is eligible for participation in the distribution of moneys under parts II and VI as of chapter 218 and which is located in a county levying the tax pursuant to paragraph(1)(a) or paragraph(1)(b)is entitled to 4) receive a share of the tax revenues. Distribution of such revenues to a newly incorporated municipality shall begin in the first 'G full fiscal year following incorporation. The distribution to a newly incorporated municipality shall be: C as 4- 1.Equal to the county's per lane mile expenditure in the previous year times the lane miles within the jurisdiction or responsibility 0 of the municipality,in which case the county's share shall be reduced proportionately;or C 2.Determined by the local act incorporating the municipality. Such distribution shall under no circumstances materially or adversely affect the rights of holders of outstanding bonds which 2 are backed by taxes authorized in this section, and the amounts distributed to the county government and each municipality as shall not be reduced below the amount necessary for the payment of principal and interest and reserves for principal and interest as required under the covenants of any bond resolution outstanding on the date of the redistribution. U) C 0 (5)(a)By October 1 of each year, the county shall notify the Department of Revenue of the rate of the taxes levied pursuant c to paragraphs (1)(a) and (b), and of its decision to rescind or change the rate of a tax, if applicable, and shall provide the U) department with a certified copy of the interlocal agreement established under subparagraph(1)(b)2. or subparagraph(3)(a)1. with distribution proportions established by such agreement or pursuant to subsection(4), if applicable. A decision to rescind a tax may not take effect on any date other than December 31,regardless of when the tax was originally imposed,and requires � a minimum of 60 days'notice to the Department of Revenue of such decision. U Ln 04 (b) Any dispute as to the determination by the county of distribution proportions shall be resolved through an appeal to the Administration Commission in accordance with procedures developed by the commission. Pending final disposition of such proceeding,the tax shall be collected pursuant to this section,and such funds shall be held in escrow by the clerk of the circuit court of the county until final disposition. (6) Only those municipalities and counties eligible for participation in the distribution of moneys under parts II and VI of C chapter 218 are eligible to receive moneys under this section. Any funds otherwise undistributed because of ineligibility shall E be distributed to eligible governments within the county in proportion to other moneys distributed pursuant to this section. ll, ;'1'l,A,o i 022 ``'J,o cI,;i o ol lf a o/r l I'1"',1r 1"1', //till's Packet Pg. 167 6..025„ Couirty tirairn porta-dour y taro; Ilevy o-If Ilocall op-bairn 1huell,,,,,,, II-IL ST§336..025 �w (7)For the purposes of this section, "transportation expenditures" means expenditures by the local government from local or CD state shared revenue sources,excluding expenditures of bond proceeds,for the following programs: X (a)Public transportation operations and maintenance. U) 0 (b)Roadway and right-of-way maintenance and equipment and structures used primarily for the storage and maintenance of 04 such equipment. C as E C (c)Roadway and right-of-way drainage. as E (d) Street lighting installation,operation,maintenance,and repair. as U) as (e)Traffic signs,traffic engineering,signalization,and pavement markings,installation,operation,maintenance,and repair. C as (f)Bridge maintenance and operation. 4- C 0 CL (g) Debt service and current expenditures for transportation capital projects in the foregoing program areas, including c construction or reconstruction of roads and sidewalks. 4- 0 (8) In addition to the uses specified in subsection(7), the governing body of a county with a population of 50,000 or less on as April 1, 1992, or the governing body of a municipality within such a county may use the proceeds of the tax levied pursuant to paragraph(1)(a)in any fiscal year to fund infrastructure projects,if such projects are consistent with the local government's approved comprehensive plan or,if the approval or denial of the plan has not become final,consistent with the plan last submitted to the state land planning agency. In addition,no more than an amount equal to the proceeds from 4 cents per gallon of the tax C imposed pursuant to paragraph(1)(a) may be used by such county for the express and limited purpose of paying for a court- M ordered refund of special assessments. Except as provided in subsection(7), such funds shall not be used for the operational tf expenses of any infrastructure. Such funds may be used for infrastructure projects under this subsection only after the local U) C government,prior to the fiscal year in which the funds are proposed to be used,or if pledged for bonded indebtedness,prior to the fiscal year in which the bonds will be issued, has held a duly noticed public hearing on the proposed use of the funds and has adopted a resolution certifying that the local government has met all of the transportation needs identified in its approved C comprehensive plan or, if the approval or denial of the plan has not become final, consistent with the plan last submitted to U the state land planning agency. The proceeds shall not be pledged for bonded indebtedness for a period exceeding 10 years, Ln except that,for the express and limited purpose of using such proceeds in any fiscal year to pay a court-ordered refund of special q assessments,the proceeds may be pledged for bonded indebtedness not exceeding 15 years.For the purposes of this subsection, M "infrastructure"has the same meaning as provided in s. 212.055. (9)Notwithstanding any other provision of this section,the tax on diesel fuel authorized in this section shall be levied in every .2 county at the rate of 6 cents per net gallon. U_ C as E U ll, ;'1'l,A,o i 022 ``'J,o c ,;ill o ol I a o/r l I'fl'I'I l"I //til l'.s Packet Pg. 168 6„0 5„ Couinty'brai sporY"ta-loin yste i; Ilevv of Ilooall olp-boin 'luell,,,,,,, FIL ST§336..025 �w Credits Laws 1983, c. 83-3, § 55; Laws 1983, c. 83-138, § 6; Laws 1983, c. 83-339, § 8; Laws 1984, c. 84-369, § 1; Laws 1985, c. CD 85-81, § 17;Laws 1985,c. 85-180, §33;Laws 1985,c. 85-342,§ 123;Laws 1986,c. 86-152,§43;Laws 1986,c.86-243, §29; Laws 1987,c. 87-99, §71;Laws 1990, c. 90-351, § 2. Amended by Laws 1992,c. 92-484, § 9, eff. Rely 1, 1992;Laws 1992, c. 92-279, §280,eff. Duly 1, 1992;Laws 1992,c. 92-309, § 4,eff.Jitly 6, 1992;Laws 1993,c. 93-464, § 33,eff. May 5, 1993; x Laws 1993, c. 93-206, § 40, eff. May 1, 1993; Laws 1994, c. 94-446, § 8, eff. Rely 1, 1999; Laws 1994, c. 94-237, § 53, err. U) May 25, 1994; Laws 1995, c. 95-417, § 118, eff. Rily 1, 1996;Laws 1995, c. 95-417, § 119, eff. Duly 1, 1999; Laws 1996, c. 96-323,§§25,68,eff. Duly 1, 1996;Laws 1996,c. 96-397,§ 18,eff. Duly 1, 1996;Laws 1996,c.96-397, § 19,eff. Duly 1, 1999; Laws 1997, c. 97-54, § 17, eff. May 9, 1997;Laws 1997, c. 97-54, § 18, eff. Jitly 1, 1999;Laws 2000, c. 2000-266, § 9, eff. 04 lame 14, 2000; Laws 2001, c. 2001-201, § 35, eff. Rely 1,2001;Laws 2002, c. 2002-218, § 48, eff. May 1, 2002;Laws 2003, c. 2003-86, § 3, eff. lame 3,2003; (Laws 2003, c. 2003-254, § 24, eff. Rely 1, 2003;Laws 2007,c. 2007-•196, § 28, eff. Rely 1, 'G 2007;Laws 2012,c. 2012-474, §28,eff. Rely 1,2012;Laws 2017,c. 2017-36, § 40,eff. May 25,2017. 4) E as Notes of Decisions(14) 4- as U) West's F. S. A. §336.025,FL ST§ 336.025 Current with laws,joint and concurrent resolutions and memorials through April 20, 2022, in effect from the 2022 Second Regular Session. Some statute sections may be more current,see credits for details. as 4- Lin(Illl oll, ;ociliinnelufl 202 0lloaroo son Reishrs ar c u.'nm far aroiv;h fl 0',S GaTNerniu wnr �,Vo 0 s r- 0 CL 0 �b 4- 0 qb (D U) U) r- 0 0 CL U) 0 04 (D E �b ll, ;TI,A,, i 022 � U�I��II'���,il l °'�s11'I1,1 s ``'JIo c ,;i o ol a J o/r l I"fl"I'I l"I //til l'.'; Packet Pg. 169 C.9.e 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 en 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 0 ARE USED FOR TRANSPORTATION CAPITAL PROJECTS; PROVIDING FOR CN 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; CN 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 Packet Pg. 170 C.9.e 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 0 WHEREAS,unless a revenue source additional to the existing local option fuel tax can N 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 E therefore BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, FLORIDA that: 0 SECTION 1. Section 2-315, Monroe County Code shall be amended to read: c� 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: CN Sec. 2-319. Distribution of proceeds. (a) The proceeds of the tax levied in section 2-315 shall be distributed among Monroe County, E 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. E c� (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 Packet Pg. 171 C.9.e 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 c repeal. (d) EXPENDITURES. The proceeds of the tax shall only be used for transportation E 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 (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 Packet Pg. 172 C.9.e 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 0 125.66(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. E MayorGeorge Neugent Yes Mayor Pro Tern Sylvia Murphy Yes Commissioner Kim Wigington Yes C. issioner Heather Carruthers Yes A '+(- ` 'ssioner Mario Di Gennaro No 2 BOARD OF COUNTY COMMISSIONERS 4 t: 'Y L.KOLHAGE, Clerk OF 7;C,,0U. NT)V,FLORIDA By .u�.5 Dep Clerk Mayor/Chairperson CN N w Fes. c.� UJ -'-{mot- MIONROE COUNTY ATTORNEY Cr _€ �- C"= AP VED AS TO ``3 CV t`- T3 ~, SU ANNE A. H TTON cUUNT TO�ry N Five Cent Gas Tax Ordinance 2009 w/o edits 5/26/09 KP 4 Packet Pg. 173 C.9.e MONROE COUNTY COURTHOUSE BRANCH OFFICE: 500 WHITEHEAD STREET,SUITE 101 \�bcouNryoo PLANTATION KEY J .•�M cu,av' G KEY WEST,FLORIDA 33040 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: C0.1 'F`�o- 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 o Tallahassee FL 32399-0250CN Via Certified Mail 7005 1160 0000 3841 2129 E Dear Ms. Cloud, 0 Enclosed are certified copies of the following Ordinances: 0 Ordinance No. 012-2009 to strengthen "Whistleblower" protection policies for County employees. c� 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. C4 Ordinance No. 016-2009 to impose a three-cent local option motor fuel ("gas")tax. CU These Ordinances were adopted by the Monroe County Board of County Commissioners E 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. E 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 Packet Pg. 174 C.9.e FL0RIDA KEYS NANCES iNOC11118t3- TENT HEIt�mM PROVKHNGFO tN-. CORPORATK* Published Twice Weekly THEMONROECOUN- TY CODE OF OM- Marathon, Monroe County, Florida Pt DAM. PROOF OF PUBLICATION Pursyarat to 3ec,tion 286.tf'f�5.fiorida Statutes,"rxftPce fsglven STATE OF FLORIDA that if a person decididto appeal.anydecision COUNTY OF MONROE madeWlft Board with Before the undersigned authority person- respe4toanyrnatter a ally appeared WAYNE MARKHAM who on considered t such hear- 9s. _ ngs,'te wilt oath, says that he is PUBLISHER of the u"dofftpro FLORIDA KEYS KEYNOTER� a twice -- andthat,for �c -: � :�r--- r c� „. .�1 Cdi�nqs weekly newspaper published in Marathon, n►o• ssensurethataver- in Monroe County, Florida: that the NOTICEot` ism de,w the is' is made,which 0 attached copy of advertisement was CoVT ATIo9l . t testi- 0 ArrCafftevAt published in said newspaper in the issues I rr nyaid- v c6upon CN cOr1► Pnow wl�dr�,e keel is to be of: (date(s) of publication) ot= t - a; Mrt►P. pal cori- Affiant further says that the said FLORIDA atm ` Admin�- 0 �,: phol KEYS KEYNOTER is a newspaper published Mw4ny►E.Nei son d305) 92- C. at Marathon, in said Monroe County, CGo" tat�d Y { thehoursofs:3r] 0 >ii.m:-5:tl0 p.rrl.,no latw Florida, and that the said newspaper has 1u t, "working4MIsp*or_ 0 heretofore been continuous) " � aj .' Otheschedutedmeet- y published in s iig;afyswlac*hegtirigor � said Monroe County, Florida, twice each the voicenrlpeird;ca`Tl week (on Wednesday and Saturday) and - 471V'• , m*iq�ers of roe has been entered as a second class mail Dated att Key West , #o matter at the post office in Marathon, in Florida,this 15th dayApol2009 of of > Monroe County, Florida, for a period of crl�rJlnarce._ one year next 0AtNar�.ice�. -,- y preceding the first ANORDINJUMEIM-- CW*ofthsC,W titeourt ' publication of the attached copy of POUND AW TH- andex ofikAo Cie*Ofthe CN advertisement. The affiant further says CAtT:lAC/fL(�PTtON Mtn iNOT1WF'UEt TAX,AS ners of Monroe that he has neither paid nor promised any A"NORIZt?D -fS• PWda person, firm, or corporation any discount, 206-41(1)(d)'ANo rebate, commission or refund for the 3*.021,UPON SUCH PubhhApM2s,-oos 1irL SALES IN A L OF Fbrida Ksys Keynoter purpose of securing this advertisement for 191110*16COU,NTYjN 5 CLt!DWe THE MUNICi. publication in the said newspaper(s) and PA that The Florida Keys Keynoter is in full compliance with Chapter 50 of the Florida State Statutes on Legal and Official Advertisements. r n C3 �TAXAN !Q QI 1tfE t—r�• Cn � Sworn to a d su s ibed before me �Pi�i ` = '� _ ( :, r— rn this<�7 y o , 2009 Y6E ,�z (SEAL) D NS= I C TURCs o; r rrI E3 HE FOR rP EVERLY TRAEr `'Jt PROV�yN� Notary ( � J MY COMMISSION ' + EXPIRES:Apr.!x. 2.p,53 FWdallowyS,, Packet Pg. 175 Page 1 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) L59 Tallahassee,FL 32316-2235 850-576-3171 Fax:850-575-8852 info@municode.com X U) M 0 Monroe County, FL Code of Ordinances - 2008(14298) N Supplement 2 Recorded: 412312009 3:07:24 PM E We have received the following material through Hard Copy/Electronic. 0 I < TR> CL 0 Document Adoption 76 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 s `Click here..to see the full list of recorded ordinances for the next supplement.*** CN 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 CU do not proofread against the printed version of the ordinance if the printed copy is Em 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/agenda.asp . We can provide a solution for Do ument and Records-Management, imaging or scanning services. Contact us ormore information at Packet Pg. 176 Page 2 o info@mccinnovations.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 -- c� E CL 0 c� c� c14 c� E Packet Pg. 177 0 ti V � a. 4.+ V w w a Er � iru mill • . • • s • • • • { ,k? 3 m Postage $ r�. t^.wrti#led Fee Pos In ( Return Receipt Fee He a Q (tndorseft1e1-►t Required) oe Restri FL WAR .J7 (Endorsement equirR O Total Postage & Fees M pragra Ln d sent To Ad m i n i Str a lv e - -------M1. r�- stn3et, ,��kio� g r o n o t r e _------- OrPo soxQ- pUth - �torida_ ----------------- spa'—zr'fah aS S e o City,- e • : � � � � V � a. 4.+ V a. !!ew uo a!gBj!ene Jou s1 uo! a SDdd PUB spdy o; passeippe Ui 1[Janr a oIssa33e jaujajuj bul ue ou�.�eu� uau�t �r ;uasa�d � iaaaa are !e es ; 'Hew pup a6e#sod yl!nn Ioget x!lle pue oe a 1Nb1i 4dWl 3!eVV par#!llao awl uo Jew#sod e y # P `papaau lou s! ldiaoaj .rye eye luasaid aseali 'paJrsap sr IId!aoa °a� °a aorl#o lsod ayl le a10 p .#.� o eyl uo Mjew#sod a 11 aUl 44M aoardtrew ayl 418W jo Ml 'nan>>aO palo,i jSey" luawasJopu .ro aessalpPe ato ayl aspVE � rje a ylof p813111sai aq AL , aippen�ap # uorllppe ue Jod s! ldraoal 11eW'pai�!1aeo ino- uo �aeu sod 'Peimbei rol .�enrenn aal a anraoaa o ®SH w a 'id!aoaa uanlej aleo!Idnp e 1 '„palsanbad ldraoad wnlad„ aoardpw as,1p� ayl Janoo of afielsod atgeo!tdde p�u3 •aal uinled a yoelle ue alatdwoo asee d UB 9131 a eqj °l (L[9C a 1O la looid ap!nojd of palsenbei a S) ld!aoad q �ew lc�iaaa� urnla� a }aa iel4o 01 ,k18A1lap •IreW paJalsrfia 10 # � °!l!ppe ue god � 3�� •� 4v"ti yl!M 03f�l/lO�td S1�3�b1�3110o ald `satgenten •1!ew teuorleuaalul lc� sseto Sue 10l atge gene o�Nb'IfI1SNl ON d .ray utteyV sse10-tsar 1. l u sr Irew pai#��a� ■ d yllm paupwoo eq kINQ Aew Frew par#! a ajapuwa #� saea� onnl,col ao!n�a aso a � da ��ueMvdwl S I l d yl q l � tian!IaP#o paooaa V ■ aoa!dlrew ino� Jol aarllluap! enbrun b ■ zouu, Jane 2002 (reverse) ld!aoaa fiu�I!ew y W :SBPIAOJd IM Pit C.9.e WY2WEST STATE OF FLORIDA � an «A. COUNTY OF MONROE Cooke Communications, LLC Florida Keys Marsha F. Kirkwood Before the undersigned authority personally appeared Randy G. Erickson, whc 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 Office....305-292-7777 that the attached copy of advertisement, being a legal notice in the matter of 92-7 � Extension........x219 Fax.......305-295-8025 r lenals(ftevsnews.com U) INTERNET PUBLISHING M keywest.com was published in said newspaper in the issue(s) of o keysnews.com floridakeys.com c14 key-west.com Web Design Services NEWSPAPERS Affiant further says that the Key West Citizen is a newspaper published i The Citizen Key West, in said Monroe County, Florida and that the said newspaper ha _ Southernmost Flyer heretofore been continuously published in said Monroe County, Florida ever Solares Hill Big Pine Free Press day, and has been entered as second-class mail matter at the post office in Ke Marathon Free Press Islamorada Free Press COLWest, in said Monroe County, Florida, for a period of 1 year next preceding th Key Largo Free Press first publication of the attached copy of advertisement; and affiant further say mu MARKETING SERVICES that he has neither paid nor promised any person, firm or corporation an; Commercial Printing discount, rebate, commission or refund for the pu e of securing thi Citizen Locals Card advertisement for publication in the said new e Direct Mail p y L39 FLORIDA KEYS OFFICES Printing/Main Facility y 3420 Northside Drive Key West, FL 33040-1800 Signature of Affiant Tel 305-292-7777 CN Fax 305-294-0768 crtizen(a),keywest.com � Sworn and subscribed before me this_gjday 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 —Pir"MMIA Identification Type of Identification Produced Packet Pg. 180 C.9.e OF t 'Eta wH4 tTt 4`" that son r , '` o —n n "yl B rd of ` t�wr Cornr§- 7 of Mori County,Florida,intends to eri of towing urtty nre: : —t y* A Fri p 0 THE FOR"S OWSIXCENr cN FUEL FOR 1 lox 6, t ADA ASSISTANCE: If you am a person with a dkw biNty who needs CL +� special acoprwwdstions in order D. ' Mw M1f, Q to pan$*ate in this prooescim, THE please coaMW the County Admin- F1f 292-brs P ning (rs f 292-44�{f, i hoy o OF 8:30 a m -5:60 pm.,no later than t; 2 working-days prior to the sched- M u "w=if you are hearing or vescse�; caill'7tt ND ". PROCgpt: T PMIG Dated at w Frida, this T14E P � 15th day of Api41, SFrEFI"I'J:W ," o' ExPEN AS 'I IY L:'KOLHAGE, �a �M TOE ' C c of the Ctr&*"CourtCN P�. Fri � NUE. and-ex w4io errothofFb"PONN$ o cis ommisawnw$Of N Monrostiou ty F br'ida Aprit:26,�009 f� FbR .E 6F as ! E>w1"tKE. Section 286:0105, F ,S totes, notice is given that if,a apn to appeal zany didn made,by the Board yvhry;restp .to any matter consid- ered at sucfi hearings or meetings, he will need a record of the pro- ceedings, and that,.for such pur- pose, he may heed tip ensure that a verbatim record of the,proceed- ings is made, which record in- cludes the too nnony upon w,the is to be based. Packet Pg. 181 r C.9.e TheReporter Apr#.2"Sk.P.O. Box 1197 - Tavernier, Florida 33070-1 1 97 AU Tc TIHOREF U ERIZE ' y 1�• (305)852-3216 Fax:(305)852-0199St i ��Y - - ALM PP PROOF OF PUBLICATION couNm►, 7 � ES Cotarrk In - STATE OF FLORIDAfffl'� COUNTY OF MONROE 'raverpa,r Rl:. Before the undersigned authority personally appeared DAVID HAWKINS who on oath, says that he is EDITOR of THE REPORTER, a weekly T° e newspaper entitled to publish legal advertisingOF published at Tavernier, Monroe County, Florid �` �e that the attached co P r copy of advertisement, being LEGAL NOTICE in said newspaper in the issue of: A' April 24, 2009 B N IDS Affiant further says that THE REPORTER is a newspaper published at Tavernier, in said , Monroe County, Florida, and that the said T ` newspaper has heretofore been continuously P b © published in the said Monroe County, Florida, rf each week (on Friday), and has been entered as is 2 second class mail matter at the Post Office in Tavernier, in said County of Monroe, Florida, for 0 a period of one year next preceding the firstAd*eate INTO n 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, Pursuar�to �y commission or refund for the purpose of 286 01° .Flortda securing this advertisement for publication in o the said newspaper and that The Reporter is in "+ Nam'«, full compliance with Chapter 50 of the Florida P. 71 reepet�toa ' Q State Statutes on Legal and Official ► r: ats red at guch hear- � Advertisements. - .1,.o tk w�H need , rrd a reeordofth Cultural Center l �== o overseasM - TPWMe � Marker 102.5,K I neodtn enaums ver- Monroe Cou ly,Fku�Cia. . batim record of the pro- Sworn to and subscribed before m�e24 day of F ` rOcMceed e is Includ►sthet stl- April, 2009. '� "` - Ada E Not Y - cl pot Adrn#t� tr�di�lai:�►1�n- twurao ` p> r tamor MOW : . Packet Pg- 182 x U) m 0 0 C14 E E a CL 0 cn CD C:j CD CD w M C14 CUD C,n* LJ X: cr- Li J < C=j E Packet Pg. 18 C.9.e FLORIDA DEPARTMENT 0 STATE CHARLIE CRIST STATE LIBRARY AND ARCHIVES OF FLORIDA KURT S. BROWNING Governor Secretary of State 0 June 4, 2009 x Honorable Danny L. Kolhage Clerk of Circuit Cc-art 0 Monroe County C1 500 Whitehead Street, Suite 101 Key West, Florida 33040 E Attention: Pamela G. Hancock, Deputy Clerk E 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, C1t Liz Cloud Program Administrator q a --n > F LC/srd "" rn rt 0 r o c n DIRECTOR'S OFFICE T i +� CD R.A.Gray Building . 500 South Bronough Street e Tallahassee,Florida 32399-0250 Cn 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 Packet Pg. 184 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY C.9.e ■ 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 2009 { 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 013 1 01'1016 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Amide Number 7005 1160 0000 3841 2129 (rransfer from service label) li PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 i m O CN E E O CL O c5 O U Cn �9 t''! U E U Packet Pg. 185 C.9.f �,cauur� a naafi KevinCPA Clerk of the Circuit Court& Comptroller_ Monroe County, Florida N`q.�T]LT Oti1N''. September 30, 2919 Department of State Administrative Code & Register 500 S. Bronough Street Tallahassee, FL. 32399-0250 U) To Whorm. It May Concern, 0 N Attached is an electronic copy of Ordinance No,. 33-2019 of the (Board of County Commissioners of Monroe County, Florida, AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS EXTENDING THE CURRENT SIX CENT MOTOR AND SPECIAL FUEL TAX � PURSUANT TO SECTION .3.36,025(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. This Ordinance was adopted by the Monroe County Board of County Commissioners at a CL special meeting, held in formal session, on September 30, 2019. Should you have any questions, please feel free to contact me at (305) 292-3550. Respectfully Submitted, Kevin Madok, CPA, Clerk of the Circuit Court & Comptroller � e -officio to the Monroe County Board of County Commissioners by Sally M. Abrams, D.C. C� cc: Municode FDOR County Adrmiinistrator County Attorney OMB BOCC c� File KEY WEST NMAR THON PLANTATION KEY PKfROTH BUILDING 500 Whitehead Street 3117 overseas Highway 88820 overseas Highway 50 High Paint(Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key, Florida 33070 Planta 305-204-4641 305-289-6027 305-852-7145 305.8 Packet Pg. 186 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; en PROVIDING FOR INCORPORATION INTO THE X ON OE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. 0 0 N WHEREAS, Monroe County currently irriposes a six-cent local option gas tax upon every r. gallon of motor fuel and special Cute] sold in the County pursuant to Florida Statute Section 0 E 336.025(l)(a) and Monroe County Code Section 23-230 et. seal.; and WHEREAS,.Monroe Count Board Of County Commissioners(BOCC)passed Ordinam��e E y < No. 16-1989 imposing the 6-cent tax, as codified in Monroe County Code Section 23-230, et. seq.; X and WHEREAS, an additional three-cent local option fuel tax was imposed via Ordinance 0 015-2009 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 Septernber 28"', 2019 that they concluded that the authorization for the levy and collection of the six-cent fuel tax in Or(linance 16-/989 expires in September 20,19; and WHEREAS, the estimated revenue Krona the six-cent fuel tax is $3.1 million per year-, and X WHEREAS, the County has anticipated the continued collection of these funds as part of its budget process; Lind C� WHEREAS, in order to continue collecting and disbursing the fuel tax, the County must extend the fuel tax before October I to be effective January I of the following year in accordance with F.S. 336.025; and WHEREAS, passage of this Ordinance necessitates this special rneeting being called and C, C� 0 passage of this ordinance on an emergency basis pursuant to Section .1.25.66(3), Florida Statutes; and E WHE REAS, 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 SOC411 ITiedia outlets. Notification of the meeting was sent to all local media outlets and. was, announced on U.S. I radio news updates; and Page I of 3 Packet Pg. 187 WHEREAS, the other fuel taxes (ninth cent authorized by Section 206.41(1)(d), F.S. and [lie 3-cent additional tax authorized by F.S. 206.41(t)(e)levied by the B4OCC respectively in Ord,inances 015-200.9 and O16-2009 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 CirCUITIStances 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. en X 125.66(2) by at least a four-fifths vote. SECTION 2: Section 23-230, Monroe County Code shall be amended to read: 0 23-230 Imposed. CN Under the authority of Section 336.025(1)(a), 1'.S. effective September 1, 1989,and as extended September E 30, 2019, there is hereby imposed a six-cent g!IS tax Upon every gallon ofinotor and special fire] sold in Monroe County, including the municipalities therein, and taxed under the provisions of F.S. ch 206, pt, I E (F.S. § 206.01 et seq.) or F.S. ch 206, pt. 11 (F.S. § 206.85 et seq.). < X SECTION 3 Section 23-232, Monroe County Code shall be amended to read: Sec., 23-232. - Effective period. CL 0 The tax levied in section 23-230 shall FeIM.dn in effect for as period of 30 years from September I 2019 until August 31, 2049, unless rescinded by the Board of County Commissioners. The tax .2 may be rescinded before August 31, 2049�, only if the rescission shall in no circumstances materially or adversely affect (lie rights of(lie holders of bonds backed by the tax and outstanding on tyre date of rescission. SECTION 4. SEVERABILFFY. 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 remaini.ng portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable X to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. C'u M 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. SECTION6: INCLUSION IN CODE OF ORDINANCES. The provisions of this ordinance 0 shall be included and incorporated in the Code of Ordinances of (lie County of Monroe, Florida, 4i 9= as an addition or amendment thereto, and shall be appropriately renurnbered to conforna to the 0 E 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 1 Packet Pg. 188 C.9.f PASSEDND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a special meeting of said Board held can the 30"' clay of September, 2019. Mayor Sylvia Murphy x Mayor Pro Tern army Kolha e _ t� Commissioner Michelle 'C oldiron " Commissioner eather Carruthers Commissioner David Rice BOARD yCOUNTY COMMISSIONERS l��. I d O , Clerk O ON�CIE COUNTY,TY, FLORIDA ', f By De city Clerk r yor/C hairy r soan 0 cN a� E x MONROE COUNTY ATTORNEY r PPT YJ- ,�S TO FORT , f�' 0 C RIS 1 THE LIMBERT-BARROWS ASSI s rANT C'OUN f t'ATTORNEY � M M E "age 3 of 3 Packet Pg. 189 C.9.g ORDINANCE NO.029-2020 AN ORDINANCE IMPOSING A FIVE CENT LOCAL OPTION MOTOR FUEL TAX (AN ADDITIONAL 2-CENTS), 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; PROVIDED FOR A METHOD OF U) COLLECTION OF THE TAX AND REMISSION OF THE PROCEEDS PROVIDING THAT THE PROCEEDS MAY ONLY 0 BE SPENT FOR TRANSPORTATION EXPENDITURES AS cN DEFINED HEREIN; PROVIDING FOR THE PLEDGE OF THE TAX REVENUE FOR BONDS WHOSE PROCEEDS ARE USED E FOR TRANSPORTATION CAPITAL PROJECTS PROVIDING FOR SEVERABILITY; PROVIDING FOR INCORPORATION E INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Monroe County adopted Ordinance No. 016-2009 which imposed a three- cent gas tax under the authority of F.S. 336.025(1)(b)beginning January 1, 2010 which is codified in Monroe County Code Section 23-235; and LO 0 WHEREAS, The County is authorized under F.S. 336.025(i)(b)to impose up to 5-cents (an additional 2-cents)to be levied on every gallon of motor fuel sold in the county to be imposed under in accordance with F.S. 206.41(1)(e); and WHEREAS,the local option gas tax shall be levied by an ordinance adopted by a majority plus one vote of the membership of the governing body of the county; and WHEREAS,the County maintains approximately 312 miles of roads and 26 bridges in unincorporated Monroe county and the cost to maintain,repair, and provide the necessary CL drainage and constructions to the County's roads and bridges is well above the current collection of the County's portion of the gas tax imposed; and Q CN WHEREAS, in order to seek additional funding that is needed to maintain and make the necessary repairs to the County's road and bridges, it is recommended that by imposing an additional 2-cents that the County may generate an additional$951,900.00 annually,which is c� shared with the cities and therefor the County's share would be approximately$430,353.99 annually for County road projects; 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 Packet Pg. 190 C.9.g WHEREAS, while special assessments may still be necessary to address the road evaluation and drainage improvement projects, imposing a five-cent tax will provide additional revenue that is needed for upcoming projects; WHEREAS, this ordinance rescinds and reimposes the three-cent tax with the addition of the 2-cent tax so that the two are aligned and will have the same expiration dates; and WHEREAS,this Ordinance must be approved and transmitted to the Florida Department of Revenue by October 1, 2020 to take effect January 1, 2021; M U) NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY 0 COMMISSIONERS OF MONROE COUNTY,FLORIDA: cN SECSJ., The County hereby rescinds the three-cent tax levied and imposed under SECTION 3 of Ordinance No. 016-2009 effective December 31, 2020 and hereby reimposes the three-cent along with the initial levy of the additional two-cents to align the expiration dates. There shall be no lapse of the imposition and levy of the 3-cent tax. The five-cent tax levied < herein,which reimposes the three-cent tax effective January 1,2021, and imposes an additional two-cent tax,will commence January 1,2021 and be in effective for a period of thirty(30)years, U) 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 back by the tax and outstanding on the effective date of the repeal. LO SECTION 2: Monroe County Code Section 23-235 shall be amended to read as follows o (deleted language is noted in strike thfough text and added language is noted in underlined text): CN c� See. 23-235.- Seventh through ninth eleventh cent motor and special fuel tax. (a) Imposition. Under the authority of F.S. § 336.025(1)(b), effective January 1, 204-20, there 0 is hereby imposed a three five-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 II of Chapter 206, F,S. (b) Collection. The tax in this section shall be collected and remitted according to the procedure in F.S. § 336.025(2). CL (c)Effective period. The lax levied in subsection (a) shall commence on January 1, 204-20, E and be in effect for a period of 30 years, unless repealed by the board of county Q CN commissioners, provided that no repeal shall in any circumstances materially or adversely cN affect the rights of the holders of bonds backed by the tax and outstanding on the effective CN date of the repeal. (d)Exnendilurc,.s. The proceeds of the tax shall only be used for transportation expenditures as defined by state statute and which are: E (1) Roadway and right-of-sway reconstruction, renovation, resurfacing, paving of existing graded roads, and equipment; ; (2) Roadway and right-of-way drainage; E (3) Installation of street lighting and traffic signs, traffic engineering, signalization and pavement markings; (4) Bridge renovation, restoration, and repaying; Packet Pg. 191 C.9.g (5) Dent service for transportation capital projects, including construction or reconstruction of roads and bridges. The revenues from the tax levied in subsection (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. § 336.025(b). Bonds may be issued only once per year. Monroe County and any of the municipalities listed in subsection(e) may join together to issue bonds under this article; or (6) All other purposes allowed by state statute. (e) Distribution to ►municipalities. . NO UFposes other-thaH these dese==bed in n.'�.seet;^" ' " �'�� �. The proceeds ❑f the tax levied in subsection (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 of Marathon, pursuant to interlocal agreements or F.S. § 336.0255 absent interlocal agreements. No tax proceeds distributed to a < municipality may be used for purposes other than those described in subsection d above. No recalculation of the tax distribution shall under any circumstances adversely affect the rights of holders of bonds outstandin, on July i 2020 which are backed by the tax authorized b this article, 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 interest as required under the covenants of any bond resolution outstanding on July_ LO ], 2020. - U) SECTION 3: 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 4: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of 0 0. ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. SECTION 5: INCLUSION IN CODE OF ORDINANCES. The provisions of SECTION 2 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: TRANSNUTTAL AND EFFECTIVE DATE. This Ordinance shall be filed E with the Department of State and shall be effective as provided in section 125.66,Florida Statutes. This Ordinance shall also be transmitted to the Florida Department of Revenue before October 1,2020. E c� PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting of the Board held on the Yd day of September 2020. Packet Pg. 192 C.9.g Mayor Heather Carruthers Yes Mayor Fro Tern Michelle Coldiron Yes s Commissioner Craig Cates Yes _ Commissioner David Rice E Commissioner Sylvia Murphy yew BOARD OF COUNTY COMMISSIONERS est: KEVIN MADOK, Clerk OF MONROE CO TY FLORIDA 0 By By As Deputy Clerk M or/C rperson E x 2 U) U) MONROE COUNTY ATTORNEY tv PAWVtt)AS TO Ill �1 - CHRI ME LIM BERT-BARROWS 0 _ ASSISTANT COUNTY ATTORNEY C ] C*] OATE.--qtaaQ_` CN C* (O 2 n� 0 CL E C14 C14 a J C14 U E U Packet Pg. 193 C.9.g AjffiUKE.V'VWEST EN The Ffotdda keys Only Daily Newspaper,Est. 1876 PO&ax 1WO.Key West FL 33N1 P.(305)2P2-7777 ext.219 F:(305)295-8025 legals®keysnewa.com MONROE CO BUDGET & FINANCE THE HISTORIC GATO BUILDING 1100 SIMONTON ST SUITE 2-213 KEY WEST FL 33040 X Account: 143324 Ticket: 353717 U) PUBLISHER'S AFFIDAVIT c STATE OF FLORIDA cN NOTICE OF INTENTION TO CONSIDER audio-only From their phones by dial- COUNTY OF MONROE ADOPTION OF COUNTY ORDINANCE r� (646hen 184M or t669}9I04833 1>r .onW the Wehl- NOTICE IS HEREBY GIVEN TO WHOM IT nar ID: 993 4697 9969. # the undo red authorit MAY CONCERN that on September 3, y personally appeared 2A20 at StS P.M.,or as soon thereafter 502 by visiting the County's meeti as may be heard,the Board of County portal Q Commissioners of Monroe County,Floc- and selecting who on oath says that he or she is Ida,intends to consider the adoption of the'Watch Live"banner to view with < the following County ordinance: live closed-captioning on an Integrated dTpagee that includes the Meeting Agen- of the Key West Citizen,a daily news- ' ORDINANCE IMPOSING A FIVE CENT dalAgenda backup. LOCAL OPTION MOTOR RIEL TAX(AN paper published 1{ey We t,in Monroe County,Florida;that the attached copy ADOTTIONAL z.CENTst, AS AUTHO- Or,iPhom one-tap; of edvertisment,being a i al notice in the matter Of ORDINANCE FUEL TAX RIZED BY F.S. 336A MIXb1. UPON US: +16465189805„98346979969tt or 0 SUCH FUEL SALES IN ALL Of MONROE +16699406833„98346979969I m was published in said newspaper the issues of: COUNTY,INCLUDING THE MUNICIFALJ Or,Telephone: TIES THEREBI,FOR A PERIOD OF THIR• Dial(for higher quality,dial a number q) TY YEARS UNLESS EARLIER REPEALED based on your current location): cy Sunday,August 23,2020 BY THE BOARD OF COUNTY COMMIS- US: +10 518 9805 or*1669 900 6933 LO 51ONERS'PROVIDING FOR A METHOD Webinar ID: 983 4697 9%9 ,- OF COLLECTION OF THE TAX AND RE- International numbers available: 0 MISSION OF THE PROCEEDS;PROVID Affisnt further says that the Key West Citizen is a newspaper published in Key ING THAT THE PROCEEDS MAY ONLY BE SPENT FOR TRANSPORTATION EX- West,in said Monroe County, Florida and that the said newspapers has hereto- PENDITIIRESAs REFINED HEREIN;PRO- fare been continuously published in said Monroe County, Florida every day,and VIDING FOR THE PLEDGE OF THE TAX when the Zoom We i- T has been entered as periodicals matter at the post office in Key West in said REVENUE FOR BONDS WHOSE PRO- Dar monitor ardor the Mayor calk for Y , CEEDS ARE USED FOR TRANSPORTA• speakers on the item on which you wish Monroe County, Florida,for a period of 1 year next preceding the first publication TION CAPITAI. PROJECTS; PROVIDING to comment: of the attached copy Of advertisement;and affiant further says that he or she has FOR SEVERAWLIM PROVIDING FOR 0 neither aid nor prom an COUNT CDOEII INTO THE MS,ANDROE a} dial co ni •carte p p y person,fine Or corporation any discount,rebate, COUNTY CORE of ORDINANCES;AND your "to be recognised by Commission or refund for the purpose of securing this advertisement for publica- PROVIDING AN EFFECTIVE DATE b)the Zoom Webinaf monitor, lion in th said If watching the meet ng aniEfte, Pursuant to Section 2R6.0105, Florida click onlopen the live Zoom we- �9 Statutes,notice Is given that if a person binar link below decides to appeal any decision made �y 77::� by the Board with respect to any mat- that appears in Loth the pub- 0 (Signature of Affiant) ter considered at such hearing or meet Ist>ed Agenda and Agenda Packet. CL / f- ings,he will need a record of the pro- When prompted,enter your email ad- ceedings,and that, for such purpose, dress and name to join the Webinar Affi and subs before me this 2 t day of A ust 2/02tO he may need to ensure that a verba- and then select the"ransed hand•lea CD tim record is made of the proceedings, ture that appears at the bottom of the C14 l which record includes the testimony Zoom Web mar screen to be recognised CD and beeviiadence upon which the appeal hs by the Zoom Webinar monitor. [N615 ry IC Si cur@ The Zoom Webinar monitor will re- N Pursuant to the Governor's Executive quest the agenda item I on which you Order No.20-69,extended by Executive wish to comment and will enable your Orders No.20-112,20-139 and 20-179, participation when the Ma (Alntar P„hl DAnted hr., In pat Mayor calls for —•: • '1►e] {Notes Monroe Coun Emergency Directives public Our tens.Torc . .. y dust, plem **�� pon 20-06 and 20.0, and the Censer for problems with the brow My commission expires p( %ail'}• s, Disease ide inter elsataabli"shed to containntcall' [305]872 9a31. - rrnssss 9 9 � the spread of the COVID-19 virus,the A person may submit mitten or other S U? September 3,2020•Public Hearing will physical evidence on a particular aggeen- C be conducted via Communication Me- da item for consideration at the MCC Personally Known Produced Identification_ CD dla Technology("CMT")•using a Zoom meeting to: Lindsey Ballard,via email WehI. r platform 0 to: Type of Identification Produced The 17 n or by mail to: County Admhnis- County will pray on dseng- tratar4 Office, 1100 Simonton Street, cy ing directives for Local Government Suite 205,Key West,FL 33M40.The tfoc- ro �# Public Meetings on the Cou�n�typ Wehshe uments must be received 3M PM at: www.�n[4 Aunt-FL y. Be- on Tway, September 1, 2020. and low are the various options available to must Include the submitterY name,ad- the public to view the live meeting andl dress, phone number, email address, N"10 or to nuke public comments an certain and the agenda hem numbef to which Q, CD of the meetm during the public portion the documents refer. f g. I encouraged ADA ASSISTANCE: If you are a person The Public is stron gly y ged to with a disability who needs special watch the meeting on Monroe Coun- accommodations in order to pwtki- to MCTV on Comcast Channel 76 or pate in this proceeding,please canna AT&T Uverse Channel 99,or listen to the County Administrator's office,by Packet Pg. 194 C.9.g p oba l§O5)2921d41,between tbi hours of&M am.—RDO pm,no lat- er than five(5)catendar days prior to the scheduled meeting;if you are hear- ing or vo red.eap^711". Uve C Ca I g is avahMile per our web PC fo I tongs of the Monroe County Board of County Commission- am DATED at Key West,Florlda,this 19th day of August,2n20. KEVIN MADOK, Clerk of the Court and ex off cio Clerk of the Board of County Comrrfluloners of Monroe County,,Florida 08=0 Key West Citizen � to x U) 0 C°J E E x U) �9 U) U LO 4- 0 U) U N 0 �9 U) 0 CL E C°J C°J N U U Packet Pg. 195 __ C.9.g ��� Published Weekly Marathon,PA011We COU nty,flo6da trttir STATE OF FL RID COUNTY OF C Before the undersigned aUthcrrnt� � personally appeared JASON KOLER who � rya n oath, says� that lie is PUBLISHER of CN the WEEKLY NEWSPAPERS, a weeklyi i / � newspaper pwahlnshcN in Marathon, In, 1 � �"� � � l ,i; ' attached copy of ad a that the i � 6�lrtrco� Ewa ,� � ` t� ✓t, t ,, ,,;, , v � advertisement was E published in said newspaper In the nssnWns ds .(dat+ (s)of publ'icatirarm t� ice° �� s� x p Affiantfu rth rsays thatthe saidWEEKLY NEWSPAPERS is a newspaper published LO at Marathion, in said Monroe County� � �� � � �r� d � ° �� � 4- Florida,and thait the said newspaper has � �� � the heretofore been COMIIRUOUSiypcnhiNsl dl in saki Monroe County, Florida, camcaqualified as a each week (on Thursday) and! has been 'rr Marathon, NmMonroe second class mail)matter at. r Fio day e year r d ram the post office l ��u�w�i �� � F¢ar a period f next preceding the first publication n of i* the attached copy of advertisement,The Frow t � �rroainu �t 1�, affiant further sags that he has neither �dddr 0 paildi maar prornis d any persona fiats, or uat a, t� u��rrru CL ans corporation any discount,, rebate, commission or refund for the purpose of �r��� , securing this, advertisement For � t tmttr� �rroatt � ri t ea wr a tl � rs CN publication,err the said rr spap �r(s)and � � �r wtisx � �j 0s that T Weekl ._ !e-w p a -er ( IllCN �ql �r? IFt liar5.0,.._0 t.t �� tp� ; ' � ri ;at - 101t� r � vhi �addi y� r� ndr�n trod. ar�d..mikscrikzditt beforeri ' rmuu � di� trn ` iar� aarrtt� nt �� t (S , ,t j �F s t�tr d rz w��ku�ieua%a rl�7iro, �rmr rrratrG Urdadia Notairy mgjg Iuwsall My OMISSION GWG I Packet Pg. 196 C.9.g �)PMarathon-Sunshine Key-Big Pine Ivey-No Name Key-Liffle Middle&Big Torch Key-Ramrod Key-Sui merl nd Key-Cudice Key-Sugarloaf Key off, r, i a s, 30330 Overseas Highway P.O. Pox 431639 Big Pine Key, FL 33043 Phone, 30 -37 -3106 Fax: 305-515-293' RE-C,.r.iVuw AFFIDAVIT OF PUBLICATION EP 020 � 0 STATE OF FLORIDA r���yu� ���ATr()��u��J�°�'��� c� COUNTY OF MC NROE Before the undersigned authority personally appeared. Steve Estes, who on oath says that he Is the Publisher for the News-Barometer, a weekly newspaper published each Friday in Big Dine Key, Monroe County, Florida; that the attached copy of advertisement, being a legal) notice in the matter Of. U) LEGAL NOTICE. INTENT TO CONSIDER ADOPTION OF GAS TAX ORDINANCE: MONROE COUNTY OFFICE OF FINANCE & BUDGET, 1130 FrIIMC NTON ;STREET, SUITE - 13, KEY" EST LO I=L 33340 0 U) was published in said newspaper in the issues) of: AUGUST 28, 2323 N Affiant further says that the News-Barometer is a weekly newspaper published in Big Fine Key, in said Monroe County, Florida and that said newspaper has heretofore been continuously published in '0 said Monroe County„ Florida each week and has been entered as first-class mail matter at the post office in Big Fine Ivey, in said Monroe County, Florida, for a period of 1 year next preceeding the first publlication of the attached i copy of advertisement„ and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate„ commission or refund for the pur- pose of securing this advertisement for publication in said newspaper. N W_ C14 Signature of Affiaunt Sworn and subscribed before me this 1 ST day of S 'PTEMBER„ 20,20 Signat�reoftary Printed Name of Notary c� Expires Personally Known ....... Produced Identification � .� ...._._..... Type of Identification Produced ( � k Y f 9.PCGE„r4fa N�d iP r209 21)� 1:A NK I"'.S, A�l�ru �,;�s�?.� Packet Pg. 197 // r C9.g rg r r/r E M 4t! S CL r E N fj 1 l I r r � r / r r r 1 r r r a / %o����� / / �j,,� r/rr/,,✓/i �;;/✓rir///,/r /i�,; //%///i j�/ �/„�//����////i, _„ ,,,,, ' Packet Pg.198 OD" Kevin Madok, CPA a Clerk of the Circuit Court&Comptroller—Monroe County, Florida September 8, 2020 Department of State Administrative Code& Register 500 S Bronougli Street TaMiassee FL 32399-0250 M 0 To Whom It May Concern, Attached is an electronic co of Ordinance No. 029--2020 imposing posing a five cent Local � Option Motor Fuel Tax [an additional 2-cents], as authorized by F.S. 336.02.50)(b), upon such fuel sales in all of-Monroe County,including the Municipalities therein, for a period of thirty years _ unless earlier repealed by die Board of County Commissioners; provided for a method of collection of the tax and remission of lfie proceeds providing that the proceeds may only be spent for transportation expenditures as defined licrein; providing for the pledge of the tax revenue for bonds wliose proceeds are used for transportation capital projects; providing for severability; pro►idiiig for incorporation into the Monroe County Code of Ordinances; and providing an effective(late. LO 4- .............................................................. 0 This Ordinance was adopted by the Monroe County Board of County Con-unissioners at a meeting, held in formal session, on September 3, 2020. Should you leave any questions please feel free to contact ine at(305) 292-3550. `N 0 Respectfully Submitted, Kevin Madok, CPA, Clerk of- the Circuit Court &Comptroller& ex-oflicio to the Monroe County CL Board of County Commissioners cN CN Icy.-Pamela C. Hancock, D.C. cN c� CC County Attorney MuniCode BOCC FDOR File KEY WEST MARATHON PLANTATION KEY PKIROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plan 305-294-4641 305-289-6027 305-852-7145 305 Packet Pg. 199 ................................................................ FLORIDA DEPARTMENT 0 STATE RON DESANTIS LAUREL M. LEE Governor Secretary of State x U) September 9, 2020 0 c14 a 0 a Honorable Kevin Madok Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pam Hancock LO 4- Dear Mr. Madok: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 029-2020, which was bled in this office on September 8 ra 2020. g Sincerely, U) 0 0. E N Ernest L. Reddick N Program Administrator N a� ELR/lb E c� R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 Packet Pg. 200 C.9.g Pamela G. Hancock From: FDOR Fuel Distribution <FDORFuelDistribution@floridarevenue.com> Sent: Wednesday, September 9, 2020 8:28 AM To: Pamela G. Hancock; State of Florida Cc: FDOR Fuel Distribution; Limbert-Christine; Abra Campo; 'brickell- christina@monroecounty-fl.gov'; BOCCFinance; Amanda Leggett; Carol Schreck; Katie Atkins; Lindsey Ballard; MuniCode; Susie Ptomey; Tamara Lamarche (boccdis4 @monroecounty-fl.gov) Subject: RE: Ordinance No. 029-2020 U) Follow Up Flag: Follow up Flag Status: Flagged 0 cN Good morning, Monroe County's ordinance has been received and will be processed accordingly. E X Kimberly Roland Tax Law Specialist I GTA/Revenue Accounting Florida Department of Revenue Desk: (850) 717-7333 1 Fax: (850) 921-1171 (, PO Box 6609 1 Tallahassee, FL 32314 LO 4- FLORIDA Kimberly.Roland@floridarevenue.com [unsecure] c� N From: Pamela G. Hancock [mailto:phancock@monroe-clerk.com] 76 Sent:Tuesday, September 8, 2020 4:31 PM To: State of Florida <County0rdinances@dos.myflorida.com> Cc: FDOR Fuel Distribution <FDOR Fuel Distribution @florida revenue.com>; Limbert-Christine<Limbert- Christine@MonroeCounty-FL.Gov>;Abra Campo<Campo-Abra@monroecounty-fl.gov>; 'brickell- christina@monroecounty-fl.gov' <brickell-christina@monroecounty-fl.gov>; BOCCFinance CL <BOCCFinance@monroeclerkFL.onmicrosoft.com>;Amanda Leggett<leggett-amanda@monroecounty-fl.gov>; Carol Schreck<boccdis3@monroecounty-fl.gov>; Katie Atkins<Atkins-Katherine@monroecounty-fl.gov>; Lindsey Ballard Q <Ballard-Lindsey@monroecounty-fl.gov>; MuniCode<ords@municode.com>; Susie Ptomey<boccdis5@monroecounty- c4 fl.gov>;Tamara Lamarche (boccdis4@monroecounty-fl.gov) <boccdis4@monroecounty-fl.gov> Subject: Ordinance No. 029-2020 c� Sender Full Name: Pamela G. Hancock Sender Phone Number: (305) 292-3550 0 County Name: Monroe Ordinance Number: 2020-029 E c� i Packet Pg. 201 C.9.g Pamela G. Hancock Deputy Clerk Kevin Madok, CPA Clerk of the Circuit Court& Comptroller 500 Whitehead St, Key West, FL, 33040 Phone: 305-292-3550 www.clerk-of-the-court.com PLEASE NOTE: The information contained in this message and any accompanying attachments may contain privileged, private, and/or confidential information protected by state and federal law. If you have received this information in error, please notify the sender immediately and destroy the information. U) M Florida has a very broad public records law. Most written communications with any public agency in the course of its official business are public record, and available to the public and media upon request. Your e-mail communication with this office may be subject to public disclosure. NOTIFICATION TO RECIPIENTS: The subject line of this email may indicate that this email has been sent unsecure. This is a default setting which in no way indicates that this communication is unsafe, but rather that the email has been sent unencrypted in clear text form. Revenue does provide secure email exchange. Please contact us if you need to exchange confidential information electronically. U) If you have received this email in error, please notify us immediately by return email. If you receive a Florida Department of Revenue communication that contains personal or confidential information, and you are not the intended recipient, you are prohibited from using the information in any way. All record of any suchLO 0 communication (electronic or otherwise) should be destroyed in its entirety. U) Cautions on corresponding with Revenue by email: Under Florida law, emails received by a state agency are public records. Both the message and the email address it was sent from (excepting any information that is exempt from disclosure under state law) may be released in response to a public records request. c Internet email is not secure and may be viewed by someone other than the person you send it to. Please do not include your social security number, federal employer identification number, or other sensitive CL information in an email to us. E c� c� c� c� E c� 2 Packet Pg. 202 C.9.g Pamela G. Hancock From: Ords Admin <ords@municode.com> Sent: Wednesday, September 9, 2020 6:17 AM To: Pamela G. Hancock Subject: RE: Monroe County, FL Code of Ordinances - 2008(14298) OrdBank Follow Up Flag: Follow up Flag Status: Flagged X U) We have received your file. 0 Thank you and have a nice day. c14 Ords Administrator E ords@municode.com 1-800-262-2633 E P.O. Box 2235 X Tallahassee, FL 32316 U) When available, please send all documents in WORD format to Ords@municode.com. However, if WORD format is not available, we welcome any document format including PDF. c� LO Si 0 From: Pamela G. Hancock<phancock@monroe-clerk.com> Sent:Tuesday, September 8, 2020 3:31 PM To: State of Florida <County0rdinances@dos.myflorida.com> c14 Cc: FDOR Fuel Distribution <FDOR Fuel Distribution @florida revenue.com>; Limbert-Christine<Limbert- Christine@ MonroeCounty-FL.Gov>;Abra Campo<Campo-Abra@monroecounty-fl.gov>; 'brickell- christina@monroecounty-fl.gov' <brickell-christina@monroecounty-fl.gov>; BOCCFinance <BOCCFinance@monroeclerkFL.onmicrosoft.com>;Amanda Leggett<leggett-amanda@monroecounty-fl.gov>; Carol Schreck<boccdis3@monroecounty-fl.gov>; Katie Atkins<Atkins-Katherine@monroecounty-fl.gov>; Lindsey Ballard U) <Ballard-Lindsey@monroecounty-fl.gov>; Ords Admin <ords@municode.com>; Susie PtomeyCL <boccdis5@monroecounty-fl.gov>;Tamara Lamarche (boccdis4@monroecounty-fl.gov) <boccdis4@monroecounty- fl.gov> N Subject: Ordinance No. 029-2020 C14 cN Sender Full Name: Pamela G. Hancock Sender Phone Number: (305) 292-3550 County Name: Monroe Ordinance Number: 2020-029 c� i Packet Pg. 203 C.9.g Pamela G. Hancock Deputy Clerk Kevin Madok, CPA Clerk of the Circuit Court& Comptroller 500 Whitehead St, Key West, FL, 33040 Phone: 305-292-3550 www.clerk-of-the-court.com PLEASE NOTE: The information contained in this message and any accompanying attachments may contain privileged, private, and/or confidential information protected by state and federal law. If you have received this information in LO error, please notify the sender immediately and destroy the information. U) M Florida has a very broad public records law. Most written communications with any public agency in the course of its official business are public record, and available to the public and media upon request. Your e-mail communication with CN this office may be subject to public disclosure. E x 2 U) U) c� LO 4- 0 U) c� cN U) 0 CL E cN cN cN c� E c� 2 Packet Pg. 204 C.9.h RESOLUTION NO. 22-05-37 A RESOLUTION OF THE VILLAGE COUNCIL 011 ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA APPROVING AMENDMENT TWO TO THE INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY AND ISLAMORADA, VILLAGE OF ISLANDS, TO PROVIDE LOCAL OPTION GAS TAX SHARING; AUTHORIZING VILLAGE OFFICIALS TO IMPLEMENT THE TERMS AND CONDITIONS OF AMENDMENT ONE; AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT ONE;AND PROVIDING FOR AN EFFECTIVE DATE 0 N WHEREAS, pursuant to Section 336.025, Florida Statutes, Monroe County and its municipalities entered into a Local Option Gas Tax Sharing Interlocal Agreement ("ILA") dated May 20, 2009, which established a distribution formula for dividing the proceeds of first and second local option fuel taxes among Monroe County, Florida (the "County") and all of the eligible municipalities within the County; and WHEREAS, in accordance with F.S. 336.025(1)(d), if the ILA"entered into under this section 0 N does not provide for automatic adjustments or periodic review by the local governmental entities E of the method of distribution of the local option fuel tax revenues, the parties to the agreement shall review and hold public hearings on the terms of the agreement at least every 2 years;" and c� WHEREAS, on August 9, 2021, staff from Monroe County and the local governmental entities in Monroe County met virtually to comply with the periodic review requirements in E accordance with F. S. 336.025(1)(d) and to evaluate the method of distribution of the local option 4- 0 gas taxes revenues that would be effective October 1, 2022; and WHEREAS, the County and municipalities agree that the amounts, percentages, and E method of distribution in Amendment Two to the ILA attached as Exhibit "A" hereto should be effective October 1, 2022; and Packet Pg. 205 C.9.h WHEREAS, the Village Council finds that the approval of Amendment Two to the Local Option Gas Tax Sharing Interlocal Agreement is in the best interest of the Village, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA, AS FOLLOWS: X Section 1. Recitals. The above recitals are true and correct and incorporated into this Resolution by this reference. 0 CN Section 2. A oroval of Amendment Two to Local Option Gas Tax Sharing Interlocal Agreement. The Village Council hereby approves Amendment Two to the ILA between Monroe County and the Village to provide local option gas tax sharing together with such non- 0 material changes as may be acceptable to the Village Manager and approved as to form and legality by the Village Attorney. Section 3. Authorization of Villa a Officials. The Village Manager and/or his/her 0 cN designee and the Village Attorney are authorized to take all actions necessary to implement the terms E and conditions of the Local Option Gas Tax Sharing Interlocal Agreement and the Supplemental Gas Tax Interlocal Agreement. c� Section 4. Execution of Interlocal Agreements. The Mayor is authorized to execute Amendment Two on behalf of the Village, to execute any required agreements and/or E documents to implement the terms and conditions of the Agreements and to execute any 4- 0 0 extensions and/or amendments to the Agreements, subject to the approval as to form and legality by the Village Attorney. E c� 2 Packet Pg. 206 C.9.h Section 5. Effective Date. This Resolution shall take effect immediately upon adoption. Motion to adopt by Councilman Buddy Pinder, second by Mayor Pete Bacheler. FINAL VOTE AT ADOPTION VILLAGE COUNCIL OF ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA: x Mayor Pete Bacheler Yes M U) Vice Mayor Henry Rosenthal Yes 0 Councilman Mark Gregg Yes Councilman Joseph B. Pinder III Yes Councilman David Webb Absent PASSED AND ADOPTED THIS 12th DAY OF MAY, 2022 0 PETE BACHELER, MAYOR 0 ATTEST: cN E E MARNE MCGRA 'H, VILLAGE CLERK c� APPROVED AS TO FORM AND LEGALITY FOR THE USE AND BENEFIT OF ISLAMORADA, VILLAGE OF ISLANDS ONLY 0 E A 0 ROGET V. BRYAN, VILLAGE ATTORNEY E c� 3 Packet Pg. 207 C.9.h AMENDMENT TWO TO LOCAL OPTION GAS TAX SHARING INTERLOCAL AGREEMENT THIS AMENDMENT TWO TO THE LOCAL OPTION GAS TAX SHARING INTERLOCAL AGREEMENT is made and entered into as of this 15th day of June 2022,between Monroe County, a political subdivision of the State of Florida, (hereinafter the COUNTY), and the City of Key West, a municipal corporation organized and existing under the laws of the State of Florida, (hereinafter Key West) and the City of Key Colony Beach, a municipal corporation organized and existing under the laws of the State of Florida, (hereinafter Key Colony Beach);and the City of Layton, a municipal corporation organized and existing under the laws of the State of Florida, (hereinafter Layton); and the City of Marathon, a municipal corporation organized and 0 existing under the laws of the State of Florida,(hereinafter Marathon),and the City of Islamorada, The Village of Islands, a municipal corporation organized and existing under the laws of the State of Florida, (hereinafter Islamorada) or collectively referred to as CITIES. E WHEREAS, the CITIES and the COUNTY entered into a Local Option Gas Tax Sharing E Interlocal Agreement (herein after referred to as "ILA") dated May 20, 2009 in accordance with F.S. 336.025 setting forth a distribution formula for dividing the 6-cents and 5-cents proceeds of the gas tax among the County and all eligible municipalities within Monroe County; and 0 U) WHEREAS, in accordance with F.S. 336.025(1)(d), the ILA was amended August 19, 0 2020 to add a provision for periodic review whereby the local government entities will meet every two years to review and evaluate the method of distribution in accordance with the Statute; and WHEREAS, the County and Cities representatives have met and agreed to update the 0 distribution formula for the 5-cent local option gas tax distribution that is based upon population to include the 2020 census data and to incorporate the transportation expenditures for each local government for the last five fiscal years for the 6-cent local option gas tax distribution; and WHEREAS, Section 10.NOTICES of the ILA will be amended and updated to reflect the E individuals currently holding COUNTY and CITY positions; NOW THEREFORE, in consideration of the mutual promises and conditions contained herein, the parties agree to amend the ILA as follows: 1. Section 3. Revenue Share Allocation shall be amended to read as follows: SECTION 3. REVENUE SHARE ALLOCATION E All parties agree that the distribution of the 6-cent local option gas tax, imposed by County Ordinance No. 016-1989, as amended by Ordinance No. 026-1989 and as extended by 0 Ordinance No. 033-2019 and authorized under Sec. 336.025(1)(a), Florida Statute shall be distributed based upon the transpoilation expenditures for the last five fiscal year among the COUNTY and CITIES as follows: Distribution City of Key West 28.3% City of Key Colony Beach 0.5% Page 1 of 8 Amendment Two to ILA- Local Option Gas Tax Sharing Packet Pg. 208 C.9.h City of Layton 0.12% City of Marathon 5.3% The Village of Islamorada 9.2% �- Monroe County 56.5% B.All the parties agree that the 5-cent local option gas tax, imposed by County Ordinance No. 016-2009 and Ordinance No. 029-2020, and authorized under Sec. 336.025(1)(b), Florida Statute shall be distributed based upon population (current 2020 census data) among the COUNTY and CITIES as follows: Distribution o City of Key West 31.91% c14 City of Key Colony Beach 0.95% City of Layton 0.25% City of Marathon 11.69% The Village of Islamorada 8.58% Monroe County 46.62% 0 2. Section 10 of the ILA shall be amended as follows: SECTION 10.NOTICES.Notices in this Agreement,unless otherwise specified,must be sent by certified mail to the following: COUNTY: County Administrator Roman Gastesi 1100 Simonton Street o Key West, FL 33040 County Attorney Robert B. Shillinger P. O. Box 1026 Key West, FL 33041 KEY COLONY BEACH: City Manager Dave Turner P.O. Box 510141 Key Colony Beach, FL 33051 0 Mr. Dirk Smits, Esq City Attorney for Key Colony Beach 81990 Overseas Highway, Third Floor 0 Islamorada, FL 33036 MARATHON: > George Garrett, City Manager& City Attorney Steve Williams 9805 Overseas Highway Marathon, FL 33050 Page 2 of 8 Amendment Two to ILA-Local Option Gas Tax Sharing Packet Pg. 209 C.9.h ISLAMORADA: City Manager& Roget V. Bryan, Village Attorney 86800 Overseas Highway Islamorada, FL 33036 LAYTON: Mayor Bruce Halle PO Box 778 Long Key, FL 33001 c� Mr. Dirk Smits, Esq City Attorney for Layton 81990 Overseas Highway, Third Floor Islamorada, FL 33036 E KEY WEST: City Manager-Patti McLauchlan& City Attorney Shawn Smith 0 P. O. Box 1409 Key West, FL 33041 3. All other terms and conditions of the ILA dated May 20, 2009, as amended, remain in full force and effect. 0 N IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS E KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By...... By As Deputy Clerk Mayor/Chairperson 0 E The Remainder of this page Intentionally Left Blank 4- 0 E c� Page 3 of 8 Amendment Two to ILA- Local Option Gas Tax Sharing Packet Pg. 210 C.9.h (SEAL) CITY OF KEY WEST ATTEST: By: By: Clerk Mayor 0 c14 The Remainder of this page Intentionally Left Blank E 0 0 cN E E c� x cu cu L- 0 E A 4- 0 E c� Page 4 of 8 Amendment Two to ILA-Local Option Gas Tax Sharing Packet Pg. 211 C.9.h (SISAL) CITY OF KEY COLONY BEACH A1T1:ST: By:-__ By, Clerk Mayor 0 cN The Remainder of this page Intentionally Left Blank E 0 cN E E c� x cu cu L- 0 E A 4- 0 E c� Page 5 of 8 Amendment Two to ILA-Local Option Gas Tax Sharing Packet Pg. 212 C.9.h (SEAL) CITY OF LAYTON ATTEST; BY ......._ _ By Clerk Mayor 0 cN The Remainder of this page Intentionally Left Blank E 0 cN E E c� X cu cu L- 0 E A 4- 0 4i E c� Page 6 of 8 Amendment Two to ILA-Local Option Gas Tax Sharing Packet Pg. 213 (SEAL) CITY OF MARATHON AJ-I'EST: x 13y:_ By: U) Clerk Mayor 0 CN E The Remainder of this page Intentionally Left Blank E 0 U) 0 CN E E x w 0 E .2 A 4- 0 4i E Page 7 of 8 Amendment Two to ILA-Local Option Gas Tax Sharing Packet Pg. 214 C.9.h (SEAL) CITY OF ISLAMORADA, VILLAGE OF ISLANDS ATTEST: k..._ ._ By: 51 �,Vaa 0 Clerk Mayor CN The Remainder of this page Intentionally Left Blank E 0 0 U) 0 cN E E c� x Cu Cu L- 0 E A 4- 0 E c� Page 8 of 8 Amendment Two to ILA-Local Option Gas Tax Sharing Packet Pg. 215 C.9.i Sponsored by: Garrett CITY OF MARATHON, FLORIDA RESOLUTION 2022-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA, RESCINDING RESOLUTION 2022-43; APPROVING A CORRECTED VERSION OF AMENDMENT TWO TO THE INTERLOCAL AGREEMENT WITH MONROE COUNTY FOR RECEIPT OF LOCAL OPTION GAS TAX REVENUES PROVIDING FOR THE TRANSMITTAL TO MONROE COUNTY AND OTHER LOCAL JURISDICTIONS; PROVIDING FOR AN EFFECTIVE DATE 0 WHEREAS, pursuant to Florida Statutes Section 336.025, the county and municipalities may enter into an interlocal agreement setting forth a distribution formula for dividing the entire proceeds of the tax among county government and all eligible municipalities within the county; and WHEREAS, the CITIES and the COUNTY entered into a Local Option Gas Tax Sharing Interlocal Agreement (herein after referred to as "ILA") dated May 20, 2009 (Attached as Exhibit"A") in accordance with F.S. 336.025 setting forth a distribution formula for dividing the 0 entire proceeds of the tax amount county government and all eligible municipalities within the County; and WHEREAS, in accordance with F.S. 336.025(1)(d), if the ILA "entered into under this section does not provided for automatic adjustments or periodic review by the local 0 governmental entities of the method of distribution of the local option fuel tax revenues, the parties to the agreement shall review and hold public hearings on the terms of the agreement at least every 2 years"; and WHEREAS, in accordance with F.S. 336.025(1)(d), the ILA was amended August 19, 2020 to add a provision for periodic review whereby the local government entities will meet every two years to review and evaluate the method of distribution in accordance with the Statute; and a WHEREAS, the County and Cities representatives have met and agreed to update the distribution formula for the 5-cent local option gas tax distribution that is based upon population to include the 2020 census data and to incorporate the transportation expenditures for each local government for the last five fiscal years for the 6-cent local option gas tax distribution; an WHEREAS, Section 10. NOTICES of the ILA will be amended and updated to reflect the individuals currently holding COUNTY and CITY positions; and WHEREAS, all other terms and conditions of the ILA dated May 20, 2009, as amended, remain in full force and effect. Packet Pg. 216 C.9.i WHEREAS, the City passed Resolution 2022-43 with an incorrect version of Amendment 2 to the ILA, thus Resolution 2022-43 shall be rescinded through the approval of this Resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA, THAT: Section 1. Revenue Share Allocation shall be amended to read as follows: Section 2. Resolution 2022-43 is hereby rescinded. U) Section 3. All parties agree that the distribution of the 6-cent local option gas tax, 0 imposed by County Ordinance No. 016-1989, as amended by Ordinance No. 026-1989 and as 0 extended by Ordinance No. 033-2019 and authorized under Sec. 336.025(1)(a), Florida Statute shall be distributed based upon the transportation expenditures for the last five fiscal year among the COUNTY and CITIES as follows: Distribution E City of Key West 28.3% a City of Key Colony Beach 0.5% City of Layton 0.12% City of Marathon 5.3% The Village of Islamorada 9.2% Monroe County 56.5% B. All the parties agree that the 5-cent local option gas tax, imposed by County 0 Ordinance No. 016-2009 and Ordinance No. 029-2020, and authorized under Sec. 336.025(1)(b), Florida Statute shall be distributed based upon population (current 2020 census data) among the COUNTY and CITIES as follows: Distribution City of Key West 31.91% City of Key Colony Beach 0.95% City of Layton 0.25% a City of Marathon 11.69% The Village of Islamorada 8.58% Monroe County 46.62% Section 4. Amendment Two to Interlocal Agreement between Monroe County and the City (the "Amendment Two'), in the form attached as Exhibit "B," is approved. The Mayor is authorized to execute the Agreement. Packet Pg. 217 C.9.i Section 5. This Resolution shall take effect immediately whereas, Exhibit "B" will become effective upon approval of all parties. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA, THIS 14TH DAY OF JUNE,2022 THE CITY OF �IN,FLORIDA John rtus,l" avor 0 AYES: Cook, Gonzalez, Still, Zieg, Bartus NOES: None ABSENT: None ABSTAIN: None ATTEST: U � Diane Clavier, City Clerk (City Seal) 0 APPROVED AS TO FORM AND LEGALITY FOR THE USECN AND RELIANCE OF THE CITY OF MARATHON, FLORIDA ONLY: Steve Williams, City Attorney c� X a 0 c� Packet Pg. 218 EXHIBIT"A" Resolution 2009-45 x U) 0 CN a 0 E E a 0 U) 0 CN a 0 E E x w a 0 .a Packet Pg. 219 C.9.i Sponsored by: Burnett CITY OF MARATHON,FLORIDA RESOLUTION 2009-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA, APPROVING AN INTERLOCAL en AGREEMENT WITH MONROE COUNTY FOR RECEIPT OF LOCAL X OPTION GAS TAX REVENUES WHEREAS, pursuant to Florida Statutes Section 336.025, the county and municipalities may enter into an Interlocal agreement setting forth a distribution formula for dividing the entire proceeds of the tax among county government and all eligible municipalities within the county; and a WHEREAS, on May 16, 2006 the parties agreed to extend the Agreement under the same terms, with the present Agreement due to expire June 30, 2009; and WHEREAS, the city of MARATHON became incorporated on November 30, 1999 and g became operational on February 24, 2000 and entitled to receive a proportionate share of local option gas tax revenues collected in Monroe County starting July 1, 2000; and WHEREAS, pursuant to Sec. 336.025(4)(b), Florida Statutes, the percentage of gas tax revenues payable to a new city is based upon a statutory lane mile formula; and 0 WHEREAS, on June 16, 2004, MONROE COUNTY entered into an individual CN Interlocal Agreement between MONROE COUNTY and the city of MARATHON for distribution of$273,733.38 local option gas tax revenues for each year during the term of the E Agreement; and E WHEREAS, the State of Florida, Department of Revenue is authorized to distribute directly to the COUNTY and to the named municipalities their statutory share of the gas tax revenues; and X WHEREAS, pursuant to Chapter 336.025(5)(a), Florida Statutes, COUNTY must notify a the State of Florida, Department of Revenue, in writing, of COUNTY's intent to let these Agreements expire or, if to be extended, to adopt and provide the Department of Revenue with a new Agreement by July 1, 2009; and WHEREAS, it is the desire of all parties to extend the existing Interlocal Agreements under the present terms and conditions in each individual Interlocal Agreement under one combined Interlocal Agreement; and Packet Pg. 220 C.9.i WHEREAS, the COUNTY has scheduled and noticed for May 20, 2009, a public hearing for an additional five-cent local option gas tax pursuant to the authority of F.S. 336.025(1)(b), and the parties desire to set forth in this agreement their agreement as to the distribution of any proceeds from the proposed additional tax that may result from an ordinance partied al that May 20"' ttieeting; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARATHON,FLORIDA,THAT: Section 1. The Interlocal Agreement between Monroe County and the City (the "Interlocal Agreement), in the form attached as Exhibit "A," is approved. The Mayor is authorized to execute the Agreement. CN Section 2. This Resolution shall become effective immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Marathon, Florida, this 12 day of May, 2009 THE CITY OF MARATHON,FLORIDA 0 U) Mike Cinque, ctr 0 AYES: Ramsay, Snead, Vasil, Worthington, Cinque CN NOES: None ABSENT: None E ABSTAIN: None E ATTEST: n .. -� " 7iatae Clavier, Cstty Clerk 0 (City Seal) APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE CITY OF MARATHON,FLORIDA ONLY: c� Cit Att to Packet Pg. 221 C.9.i LOCAL Ol'"I'ION C"A.S,TAX SHARING INJ'E1 ;LOCAL AGREEMENT I:S INTERLOCAL AGREEMENT is made and entered into on the may of 2009 between Monroe County (MONROE COUNTY), a political subdivision of the State IT Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, AND the City of ey West (KEY WEST), a municipal corporation of the State of Florida and whose address is 525 Angela Street, P. 0. Box 1409, Key West, Florida; the City of Key Colony Beach (KEY COLONY BEACH), a municipal corporation of the State of Florida and whose address is R 0. Box 510141, 600 West Ocean Drive, Key Colony Beach, Florida 33051; the City of Layton (LAYTON), a municipal corporation of the State of Florida and whose address is P. 0. Box 778, U) Long Key, Florida 33001; the City of Marathon (MARATHON), a municipal corporation of the State of Florida and whose address is 9805 Overseas Highway, Marathon, Florida 33050; and the 0 city of Islatnorada,The Village of Islands (ISLAMORADA), a municipal corporation of the State N of Florida and whose address is 87000 Overseas Highway, Islamorada, Florida 33036; and WHEREAS, pursuant to Florida Statutes Section 336.025, the county and municipalities may enter into an interlocal agreement setting forth a distribution formula for dividing the entire E proceeds of the tax among county government and all eligible municipalities within the county; and WHEREAS, on May 24, 1999, MONROE COUNTY renewed the Interlocal Agreement g for the distribution of local option gas tax revenues with the cities of KEY WEST, KEY COLONY BEACH and LAYTON to distribute the proceeds of the six cent Iocal option gas tax imposed by COUNTY under Ordinance No, 016-1989,as amended by County Ordinance No. 026-1989, and as authorized by Sec. 336.025, Florida Statutes, among the COUNTY and the cities of KEY WEST, KEY COLONY BEACH and LAYTON, according to the following percentages: Monroe County - 60.5%, City of Key West - 36.5%, City of Key Colony Beach - 2.0%, and City of 0 Layton- 1.0%; WHEREAS, on May 16, 2006 the parties agreed to extend the Agreement under the same ters,with the present Agreement due to expire June 30, 2009; and E m WHEREAS,the city of ISLAMORADA, VILLAGE OF ISLANDS, became incorporated E on December 31, 1997 and became operational in March, 2000 and entitled to receive a proportionate share of local option gas tax revenues collected in Monroe County; and X WHEREAS, the city of MARATHON became incorporated on November 30, 1999 and became operational on February 24, 2000 and entitled to receive a proportionate share of local 0 option gas tax revenues collected in Monroe County starting July 1, 2000; and WHEREAS, pursuant to Sec. 336,025(4)(b), Florida Statutes, the percentage of gas tax revenues payable to a new city is based upon a statutory lane mile formula; and E WHEREAS, on June 16, 2004, MONROE COUNTY entered into an individual Interlocal Agreement between MONROE COUNTY and the city of ISLAMORADA, VILLAGE OF ISLANDS for distribution of$294,500 local option gas tax revenues for each fiscal year during the term of the Agreement; and WHEREAS, on May 16, 2006 the parties agreed to extend the Agreement under the same terms,with the present Agreement due to expire June 30, 2009; and Page I or 1 Local Option Gas Tax ILA 4/14/09 SH Packet Pg. 222 C.9.i WHEREAS, on June 16, 2004, MONROE COUNTY entered into an individual Interlocal Agreement between MONROE COUNTY and the city of MARATHON for distribution of $273,733.38 Focal option gas tax revenues for each year during the term of the Agreement; and WHEREAS, the parties agreed to extend the Agreement under the same terns on May 16, 2006, with the present Agreement due to expire June 30, 2009; WHEREAS,the State of Florida, Department of Revenue is authorized to distribute directly to the COUNTY and to the named municipalities their statutory share of the gas tax revenues; and WHEREAS,pursuant to Chapter 336.025(5)(a), Florida Statutes, COUNTY must notify the State of Florida, Department of Revenue, in writing, of COUNTY's intent to let these Agreements o expire or, if to be extended, to adopt and provide the Department of Revenue with a new Agreement CN by July 1,2009;and WHEREAS, it is the desire of all parties to extend the existing Interlocal Agreements under - 9= the present terms and conditions in each individual Interlocal Agreement under one combined Interlocal Agreement; and WHEREAS, the COUNTY has scheduled and noticed for May 20, 2009, a public hearing for an additional five-cent local option as tax pursuant to the authority of F.S. 336.025 1 P � g P h' ( )(b), and o the parties desire to .set forth in this agreement their agreement as to the distribution of a%proceeds from the proposed additional tax that may result from an ordinance passel at that May 20 meeting; now,therefore IN CONSIDERATION OF the mutual promises and conditions contained herein, the PARTIES agree as follows: N SECTION 1. TERM. Pursuant to Sec. 163.01, Florida Statutes, subject to and upon the terms and conditions set forth herein,this Agreement shall be effective beginning July 1,2009 and continue in force for five years. If a new agreement has not been adopted by July 1, 2014, the terms of this agreement shall continue to be effective until such time as either: A) a new interlocal agreement is in place; or B) an agreement with respect to the statutory formula specified in Florida Statute section 336.025 is reached, or a determination regarding such formula for distribution is made by the Administration Commission. o SECTION 2. DISTRIBUTION OF REVENUES. The State of Florida, Department of Revenue, is authorized to distribute the designated share of the local option gas tax revenues directly to the COUNTY and the named cities in this Interlocal E Agreement. SECTION 3. REVENUE SHARE ALLOCATION A. All parties agree the proceeds of the six cent local option gas tax, imposed by County Ordinance No. 016-1989, as amended by County Ordinance No. 026-1989, and as authorized by Sec. 336.025, Page 2 of 5 2 Local Option Gas Tax ILA 4/14/09 SH Packet Pg. 223 C.9.i Florida Statutes, shall be distributed among the COUNTY and the named cities based on prior distributions, as set forth below: istriN�ttti City of Key West 36.5% of the taxes distributed City of Key Colony Beach 2.0% of the taxes distributed City of Layton 1.0% of the taxes distributed City of Marathon $273,733.38 per annum Islamorada,VOI $294,500.00 per annum Monroe County Remainder B. All parties agree the proceeds of any of the additional five cent local option gas tax currently 0 proposed to be imposed by County Ordinance, as is set for public hearing at the May 20, 2009 N County Commission regularly scheduled meeting, and as authorized by Sec. 336,025, Florida Statutes, upon approval of an ordinance levying same, shall be distributed among the COUNTY and E the named cities based on the percentages set forth below: L)ISTRI'BI.TION PERCI N'I"AGE City of Key West 31.21% City of Key Colony Beach 1.09% City of Layton 0.26% City of Marathon 13.17% Islamorads,VOI 9.06% Monroe County 45.21% TOTAL 100.00% 0 SECTION 4. ADJUSTMENT C, a No adjustment to the distributions specified in Section 3 above shall be made except in a written document executed by all parties affected by the adjustment. E SECTION 5. AUTHORIZATION Pursuant to Section 163.02, Florida Statutes, the parties are authorized to enter into this Interlocal Agreement. a 0 SECI"ION 6. TERMINATION. This Agreement may be terminated prior to the June 30, 2014, date only in writing and by agreement of the parties hereto. SECTION 7. ASSIGNMENT. No Party may assign this Agreement or assign or subcontract any of its obligations under this Agreement without the approval of the governing boards of the other E Parties. All the obligations of this Agreement will extend to and bind the legal representatives, successors and assigns of the all Parties. SECTION 8. SUBORDINATION. This Agreement is subordinate to the laws and regulations of the United States, and the State of Florida., whether in effect on commencement of this agreement or adopted after that date. Page 3 of 5 3 Local Option Gas Tax fLA 4/14/09 SH Packet Pg. 224 C.9.i SECS GOVERNING LAWSNENUE, This Agreement is governed by the laws of the State of Florida and the United States. Venue for any dispute arising under this Agreement must be in Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to a reasonable attorney's fee and costs. SECTION 10. NOTICES. Notices in this Agreement,unless otherwise specified, must be sent by certified mail to the following: COUNTY: ISLAMORA.DA: County Administrator Roman Gastesi Mayor Don Achenberg 1100 Simonton Street 81990 Overseas Highway, 2'd Floor Key West,FL 33040 P. O. Box 568 & Islamorada, FL 33036 0 County Attorney Suzanne Hutton & N P. O. Box 1026 Nina Boniske, Village Attorney Key West,FL 33041 2665 S. Bayshore Drive, Sutie 420 Miami,FL 33133 0 KEY COLONY BEAC'I LAYTON: Thomas D,Wright Mr. Dirk Smits,Esq City Attorney for Key Colony Beach City Attorney for Layton 9711 Overseas Highway 81990 Overseas Highway, Third Floor 0 Marathon,FL 33050 Islamorada, FL 33036 & & Mayor Ron Sutton Mayor Norman Anderson PO Box 510141 PO Box 778 Key Colony Beach,FL 33051 Long Key,FL 33001 0 MARATHON: KEY WEST: Mayor Mike Cinque City Manager Jim Schol l& 0 9805 Overseas Highway City Attorney Shawn Smith E Marathon,FL 33050 P. O, Box 1409 & Key West, FL 33041 City Attorney Jimmy Morales 150 W.Flagler Street, Suite 2200 Miami,FL 33130 SECTION 11. FULL UNDERSTANDING. This Agreement is the parties' final mutual understanding regarding the subject matter hereof It replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written and signed agreement. 0 SECTION 1.2. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. SECTION 13. EFFECTIVE DATE This Interlocal Agreement will take effect on July 1, 2009, Page 4 of 5 4 Local Option Gas Tax ILA 4/14/09 SH Packet Pg. 225 6v el'v 11"yl� A 11, 1 11 P V`%� " I PN, O I i �JN41' Y. �-1,0,i""OL0A1fVk f GF C ' C - ............. x (SEAL) ISLAMORADA, VILLAGE OF 9SLANDS 0 CN ----------- Mayor E 'a E (SEAL) CITY Ol' KEY WEST ATTEST, 0 U) Clerk Mayor 0 (SEAL) CITY OF KEY COLONY BEACH CN ATTEST: E By: By: Clerk Mayor E CD (SEAL) CITY OF LAYTON x ATTEST: w 0 lerk Mayor Ln �D E (SEAL) CITY OF MARATHON ATTEST: By: ......... ...... By: Clerk mayor N" 4 uUL LAJ 14 t A I I Local Option Gas Tax ILA Page 5 of 5 711.111(� 4/14/09 SH y Packet Pg. 226 IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative, (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: DAN KOLHAGE,CLERK OF MO ROE COUN Y, FLORJDA By, eputy Clerk Mayor/Chairman X (SEAL) 6�p�p `' ' ISLAMORADA, VILLAGE OF ISLANDS ATTEST: 0 cN By By Clerk Mayor e, E (SEAL) CITY OF KEY WEST ATTEST: By: By: Clerk Mayor e' (SEAL) CITY OF KEY COLONY BEACH 0 ATTEST: CN By: By: Clerk Mayor - a 0 E (SEAL) CITY OF LAYTON ATTEST: 3 rn ha c� N -p 0 By: By: r's a rV O Clerk Mayor t (SEAL) CITY OF MARATHON E ATTEST: — By: By: Clerk Mayor Page 5 of 5 5 Local Option Gas Tax ILA 4/14/09 SH Packet Pg. 227 EXHIBIT "B" Amendment 2 x U) 0 CN a 0 E E a 0 U) cu 0 CN a 0 E E x w a 0 .a cu L- cu 2 4i a 0 E .a u Packet Pg. 228 C.9.i AMENDMENT TWO TO LOCAL OPTION GAS TAX SHARING INTERLOCAL AGREEMENT THIS AMENDMENT TWO TO THE LOCAL OPTION GAS TAX SHARING INTERLOCAL AGREEMENT is made and entered into as of this 15th day of June 2022,between Monroe County, a political subdivision of the State of Florida, (hereinafter the COUNTY), and the City of Key West, a municipal corporation organized and existing under the laws of the State of Florida, (hereinafter Key West) and the City of Key Colony Beach, a municipal corporation organized and existing under the laws of the State of Florida, (hereinafter Key Colony Beach);and the City of Layton, a municipal corporation organized and existing under the laws of the State of Florida, (hereinafter Layton); and the City of Marathon, a municipal corporation organized and existing under the laws of the State of Florida,(hereinafter Marathon),and the City of Islamorada, The Village of Islands, a municipal corporation organized and existing under the laws of the State 0 of Florida, (hereinafter Islamorada) or collectively referred to as CITIES. WHEREAS, the CITIES and the COUNTY entered into a Local Option Gas Tax Sharing Interlocal Agreement (herein after referred to as "ILA") dated May 20, 2009 in accordance with F.S. 336.025 setting forth a distribution formula for dividing the 6-cents and 5-cents proceeds of the gas tax among the County and all eligible municipalities within Monroe County; and 0 WHEREAS, in accordance with F.S. 336.025(1)(d), the ILA was amended August 19, 2020 to add a provision for periodic review whereby the local government entities will meet every two years to review and evaluate the method of distribution in accordance with the Statute; and WHEREAS, the County and Cities representatives have met and agreed to update the < distribution formula for the 5-cent local option gas tax distribution that is based upon population to include the 2020 census data and to incorporate the transportation expenditures for each local o government for the last five fiscal years for the 6-cent local option gas tax distribution; and WHEREAS, Section 10.NOTICES of the ILA will be amended and updated to reflect the individuals currently holding COUNTY and CITY positions; E NOW THEREFORE, in consideration of the mutual promises and conditions contained herein, the parties agree to amend the ILA as follows: X 1. Section 3. Revenue Share Allocation shall be amended to read as follows: a SECTION 3. REVENUE SHARE ALLOCATION All parties agree that the distribution of the 6-cent local option gas tax, imposed by County Ordinance No. 016-1989, as amended by Ordinance No. 026-1989 and as extended by Ordinance No. 033-2019 and authorized under Sec. 336.025(1)(a), Florida Statute shall be distributed based upon the transportation expenditures for the last five fiscal year among E the COUNTY and CITIES as follows: Distribution City of Key West 28.3% City of Key Colony Beach .5% Page 1 of 8 Amendment Two to ILA- Local Option Gas Tax Sharing Packet Pg. 229 C.9.i City of Layton .12% City of Marathon 5.3% The Village of Islamorada 9.2% Monroe County 56.5% B. All the parties agree that the 5-cent local option gas tax, imposed by County Ordinance No. 016-2009 and Ordinance No. 029-2020, and authorized under Sec. 336.025(1)(b), Florida Statute shall be distributed based upon population (current 2020 census data) among the COUNTY and CITIES as follows: X M Distribution U) City of Key West 31.91% City of Key Colony Beach 0.95% 0 City of Layton 0.25% City of Marathon 11.69% The Village of Islamorada 8.58% Monroe County 46.62% 2. Section 10 of the ILA shall be amended as follows: SECTION 10.NOTICES.Notices in this Agreement,unless otherwise specified,must be g sent by certified mail to the following: U) COUNTY: County Administrator Roman Gastesi 1100 Simonton Street Key West, FL 33040 0 County Attorney Robert B. Shillinger P. O. Box 1026 Key West, FL 33041 E KEY COLONY BEACH: City Manager Dave Turner P.O. Box 510141 Key Colony Beach, FL 33051 a Mr. Dirk Smits, Esq City Attorney for Key Colony Beach 81990 Overseas Highway, Third Floor Islamorada, FL 33036 E MARATHON: George Garrett, City Manager& City Attorney Steve Williams 9805 Overseas Highway Marathon, FL 33050 Page 2 of 8 Amendment Two to ILA- Local Option Gas Tax Sharing Packet Pg. 230 C.9.i ISLAMORADA: City Manager& Roget V. Bryan, Village Attorney 86800 Overseas Highway Islamorada, FL 33036 LAYTON: Mayor Bruce Halle en PO Box 778 Long Key, FL 33001 U) Mr. Dirk Smits, Esq 0 City Attorney for Layton `°°' 81990 Overseas Highway, Third Floor Islamorada, FL 33036 KEY WEST: E City Manager-Patti McLauchlan & City Attorney Shawn Smith g P. O. Box 1409 Key West, FL 33041 3. All other terms and conditions of the ILA dated May 20, 2009, as amended, remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first CN above written. (SEAL) BOARD OF COUNTY COMMISSIONERS KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA BY_. ,............................................................................................- - By: As Deputy Clerk Mayor/Chairperson X a 0 The Remainder of this page Intentionally Left Blank E c� Page 3 of 8 Amendment Two to ILA- Local Option Gas Tax Sharing Packet Pg. 231 (SEAL) CITY OF KEY WEST ATTEST: X By: By: ........................................................ Clerk Mayor 0 CN E The Remainder of this page Intentionally Left Blank E 0 0 CN E E X W a 0 cu L- cu 2 4i E Page 4 of 8 Amendment Two to ILA- Local Option Gas Tax Sharing Packet Pg. 232 C.9.i (SEAL) CITY OF KEY COLONY BEACH ATTEST: By:�................v By: Clerk Mayor x The Remainder of this page Intentionally Left Blank 0 cN E 0 cu 0 cN E E c� x a 0 cu L- cu 4i E c� Page 5 of 8 Amendment Two to ILA- Local Option Gas Tax Sharing Packet Pg. 233 C.9.i (SEAL) CITY OF LAYTON ATTEST: g By: Clerk Mayor X 0 The Remainder of this page Intentionally Left Blank `N E 0 0 cN E E c� X a 0 cu L- cu E c� Page 6 of 8 Amendment Two to ILA- Local Option Gas Tax Sharing Packet Pg. 234 C.9.i (SEAL) CITY OF MARATHON ATTEST: B y _ l , Clerk Mayor 0 cN The Remainder of this page Intentionally Left Blank 0 0 cN E E c� x a 0 Cu L- Cu 4i E c� Page 7 of 8 Amendment Two to ILA- Local Option Gas Tax Sharing Packet Pg. 235 C.9.i (SEAL) CITY OF ISLAMORADA, VILLAGE OF ISLANDS ATTEST: BY .... .... By: Clerk Mayor e9 0 cN The Remainder of this page Intentionally Left Blank 0 0 cN E E c� X a 0 cu L- cu 4i E c� Page 8 of 8 Amendment Two to ILA- Local Option Gas Tax Sharing Packet Pg. 236