Item M2BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 18, 2012 Division: Public Works & Enineerin
Bulk Item: Yes _ No X Department: Wastewater
Staff Contact Person/Phone #: Wilson(453-8797
AGENDA ITEM WORDING: Approval to advertise public hearings for the adoption of an
ordinance extending the infrastructure sales tax beyond its current 31 December 2018 expiration date,
scheduling a referendum for November 6 general election as required by statute, and establishing the
uses for the revenue stream created. The hearings are to be held at regular BOCC meetings in Key
Largo, Marathon, and Key West on 16 May 2012, 20 June 2012, and 18 July, respectively.
ITEM BACKGROUND: The extension of the sales tax is a key component of the funding plan for
completion of the Wastewater and Storm water Master plans and is key to support of the County's
road, bridge, and general infrastructure. The first step in extending the sales tax is adoption of an
ordinance authorizing a referendum and the parameters of that referendum. The tax revenues are split
between the municipalities, some of which have completed or have almost completed their wastewater
projects and can use the revenue for other infrastructure.
PREVIOUS RELEVANT BOCC ACTION: The BOCC adopted ordinance 013-1989 levying the
infrastructure sales tax and the electorate approved the referendum. In January 2000, the BOCC
adopted ordinance 01-2000 and in March 2000, the electorate approved the referendum extending the
tax until December 31, 2018.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST:Advertisin costs INDIRECT COST: N/A BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: Advertising costs SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty
DOCUMENTATION: Included
DISPOSITION:
Revised 7/09
OMB/Purchasing Risk Management
Not Required X
AGENDA ITEM #
ORDINANCE NO. -2012
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, EXTENDING THE ONE CENT
INFRASTRUCTURE SALES TAX, OTHERWISE DUE TO EXPIRE IN
2018, THROUGH DECEMBER 31, 2033; PROVIDING LIMITS ON THE
USE OF THE FUNDS AFTER 2018 UNLESS WASTEWATER PROJECTS
ARE IN PROGRESS AND FULLY FUNDED; PROVIDING THAT SUCH
EXTENSION IS ONLY EFFECTIVE IF APPROVED BY THE COUNTY
ELECTORATE VOTING IN THE NOVEMBER 6, 2012 GENERAL
ELECTION; PROVIDING FOR NOTIFICATION OF THE FLORIDA
DEPARTMENT OF REVENUE IF THE TAX IS APPROVED BY THE
ELECTORATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR
THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY
CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Board of County Commissioners of Monroe County
adopted ordinance no. 13-1989 levying a one -cent infrastructure sales tax, subject
to a referendum vote of the electorate, to generate revenue for much needed
infrastructure, including a new jail which the county was under federal court order
to build; and
WHEREAS, section 212.055(2), Florida statutes was modified, among
other things, to change the number of years of life of a capital asset for which the
infrastructure surtax could be expended; and
WHEREAS, the Board of County Commissioners of Monroe County
adopted Ordinance No. 01-2000 to extend the infrastructure surtax from its
original expiration date of September 30, 2004, to December 31, 2018, and to
modify the permissible uses to include wastewater infrastructure, subject to a
referendum vote of the electorate; and
WHEREAS, the electorate voted in 1989 for the initial levy of the
infrastructure surtax and in 2000 for its extension; and
WHEREAS, the county and municipalities continue to have infrastructure
needs which cannot be met through the infrastructure surtax expected to be
collected through 2018; and
WHEREAS, changes in the economy and state legislation have resulted
in both legal and policy reasons to limit the levy of ad valorem tax which could be
used for infrastructure as well as operations of the local governments; and
Extend Infrastructure Sales Tax to 2033
WHEREAS, meeting wastewater, storm water, and re -use or reclaimed
water needs are still paramount issues throughout the Florida Keys which rely on
a dwindling supply and greater demand of potable water, and experiences serious
near shore water quality problems due to storm water run-off; and
WHEREAS, obsolescence and age will periodically require changes and
improvements to existing infrastructure throughout the Florida Keys;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA:
Section 1. Section 23-144 Monroe County Code is hereby amended to read as follows:
Sec. 23-144. — Duration of surtax
The surtax authorized by this article shall be collected commencing on January 1, 2004
and continuing through December 31, 241-5 2033.
Section 2. Section 23-145 Monroe County Code is hereby amended to read as follows:
Sec. 23-145. - Expenditure of funds.
(a) The funds so collected, and interest accrued thereto, shall be expended within the
unincorporated areas of the county and the various municipalities for the following
capital infrastructure projects all of which have a life expectancy in excess of five
years: wastewater, recreation and conservation lands, marinas, courthouses, parking,
offices, roads, bridges, airports, libraries, piers, auditoriums, riprap/seawalls, solid
waste, jails, police/fire facilities, land acquisition, and storm water through
December 31, 2018. Effective January 1, 2019, the funds so collected and interest
accrued thereto shall be used only for wastewater until such time as the governing
body of the county or municipality determines that the necessary wastewater projects
are completed or in progress and fully funded, after which, use of remaining funds
collected pursuant to this article shall be available in that jurisdiction for all purposes
allowed under this ordinance at anv time.
(b) Nothing contained in this section, however, shall be construed to prohibit the hiring
of out -of -county or out -of -city contractors or subcontractors or construed to prohibit
the purchasing of any necessary material outside of the county or the various
municipalities.
(c) In addition to the capital infrastructure projects described in subsection (a) the funds
so collected, and interest accrued thereto, may also be expended on any public
purpose, including maintenance of recreation and conservation lands, but only if:
(1) The debt service obligation for the year is met; and
(2) The county's comprehensive plan has been determined to be in compliance
with Part II of F.S. ch. 163.; and all wastewater projects described in
subsection (a) above have been completed or, if not completed, are under
Extend Infrastructure Sales Tax to 2033
construction and are fully funded as determined by a majority vote of the
governing body of the county or particular municipality_
Section 3. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the
Department of State as provided in Section 125.66(2), Florida Statutes, provided that the
following referendum is approved by a majority of the electors of the County voting in the
November 6, 2012 general election:
REFERENDUM ON EXTENDING THE ONE CENT
INFRASTRUCTURE SALES TAX THROUGH 2O33.
Shall the one cent infrastructure sales tax be extended through 2033 (it
otherwise expires in 2018) with the proceeds used for the following projects:
wastewater facilities and, only if those wastewater projects are completed or
fully funded, recreation and conservation lands, marinas courthouses, parking,
offices, roads, bridges, airports, libraries, piers, auditoriums, riprap/seawalls,
solid waste, jails, police/fire facilities, land acquisition, storm water, and any
public purpose authorized by law?
For the one cent sales tax
Against the one cent sales tax
Section 4. NOTICE TO DOR. If the referendum is approved at the general election of
November 6, 2012, then the County Clerk must notify the Florida Department of Revenue within
10 days of the referendum dates as provided in Sec 212.054(7)(a), Florida Statutes, but no later
than 12012.
Section 5. SEVERABILITY. Should any provision of this Ordinance be declared by a
court of competent jurisdiction to be invalid, the same shall not affect the validity of this
Ordinance as whole, or any part thereof, other than the part declared to be invalid. If this
ordinance or any provision thereof shall be held to be inapplicable to any person, property or
circumstances, such holding shall not affect its applicability to any other person, property or
circumstances.
Section 6. 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 7. 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.
Extend Infrastructure Sales Tax to 2033
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the day of 12012.
Mayor David Rice
Commissioner Heather Carruthers
Commissioner George Neugent
Commissioner Kim Wigington
Commissioner Sylvia Murphy
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
Deputy Clerk
Extend Infrastructure Sales Tax to 2033 4
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor / Chairperson