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Item R07 R7 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting July 17, 2024 Agenda Item Number: R7 2023-2615 BULK ITEM: No DEPARTMENT: Engineering Services TIME APPROXIMATE: STAFF CONTACT: Judy Clarke AGENDA ITEM WORDING: A Public Hearing to consider adoption of an Ordinance revising Section 19-4 of the Monroe County Code to increase the toll rates for Card Sound Road Toll. The SunPass 2-axle rate will increase from $1.00 to $1.04 per axle and the 3-axle or greater rate will increase from $1.28 to $1.32 per axle. The Toll-by-Plate 2-axle rate will increase from $1.50 to $1.56 per axle and the 3-axle or greater rate will increase from $1.92 to $1.98 per axle. ITEM BACKGROUND: When the Board approved the revised rates for the All-electronic Tolling (AET) System at its March 21, 2018 meeting, it also directed for the rates to be adjusted annually in accordance with the Consumer Price Index (CPI). This public hearing is being held to consider adoption of an ordinance to increase the rates. The SunPass 2-axle rate will increase from $1.00 to $1.04 per axle and the 3-axle or greater rate will increase from $1.28 to $1.32 per axle, and each additional axle will increase from $1.28 to $1.32. The Toll-by-Plate rate will increase from $1.50 to $1.56 per axle for two axle vehicles, and the per axle rate for 3-axle or greater will increase from $1.92 to $1.98, and each additional axle rate will increase from $1.92 to $1.98. The ordinance provides for the increase toll rates to become effective October 1, 2024 at 12:00 a.m. PREVIOUS RELEVANT BOCC ACTION: The Board at its May 15, 2024 meeting approved advertising a public hearing to be held at its June 17, 2024 meeting. The Board at its June 21, 2023 meeting adopted Ordinance No. setting the rates at $1.00for 2-axle $1.28 for 3-axle or greater rate. The Toll-by-Plate rates were established at $1.50 per axle for 2-axle and $1.92 per axle for 3-axle or greater The Board at its May 17, 2023 meeting approved advertising a public hearing to be held at its June 21, 2023 meeting. The Board at its June 15, 2022 meeting adopted Ordinance No. 015-2021 setting the rates at $0.87 for 2- axle $1.14 for 3-axle or greater rate. The Toll-by-Plate rates were established at $1.31 per axle for 2- axle and $1.71 per axle for 3-axle or greater. The Board at its May 18, 2022 meeting approved advertising a public hearing to be held at its June 15, 2022 meeting. 5144 The Board at its June 16, 2021 meeting adopted Ordinance No. 015-2021 setting the rates at $0.80 for 2- axle and $1.05 for 3 axle or greater. The Board at its May 19, 2021 meeting approved advertising a public hearing to be held at its June 16, 2021 meeting. The Board at its August 19, 2020 meeting adopted Ordinance No. 28-2020 setting the rates at $0.78 for 2-axle and $1.03 for 3 axle or greater. The Board at its July 27, 2020 meeting scheduled a public hearing for 8/19/20 in Key West, FL at 1:30 P.M. or as soon thereafter as may be heard. The Board is its September 5th, 2019 Budget meeting adopted Ordinance No. 032-2019, which increased the toll rates by 2.1% in accordance with the Bureau of Labor Statistics Consumer Price Index for all items less food and energy and set the rates for 2-axle vehicle at $.077 per axle and for Vehicles of 3 axle or greater at $1.02 per axle. The Board adopted Ordinance No. 008-2018 setting the revised rates and discount rebate program at its May 16, 2018 meeting. The Board approved the revised rates for the all-electronic tolling (AET) system and discounted rebate program at its March 21, 2018 meeting held in Key Largo. The Board approved the Agreement with FDOT for SunPass and Toll-By-Plate Electronic Toll Collection at the Card Sound Road Toll Facility at its April 12, 2017 meeting Ordinance No. 002-2004 was approved by the BOCC at its February 18, 2004 meeting. Ordinance No. 009-1995 was approved by the BOCC at its February 21, 1995 meeting. Ordinance No. 028-1992 was approved by the BOCC at its September 15, 1992 meeting. Ordinance No. 034-1989 was approved by the BOCC at its November 1, 1989 meeting. Ordinance 018-1989 was approved by the BOCC at its June 27, 1989 meeting. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATION: Approval as requested. DOCUMENTATION: NOI-Card Sound Rd. Toll Increase.pdf Ordinance revising sec 19-4 to increase rates by CPI.pdf FINANCIAL IMPACT: Effective Date: The ordinance provides an effective date of 10/1/24. Expiration Date: N/A Total Dollar Value of Contract: N/A Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Yes. If yes, amount: The amount is depend upon the users of Card Sound Road. 5145 Grant: County Match: Insurance Required: N/A 5146 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on July 17,2024, at 9:00 A.M. or as soon thereafter as the matter may be heard, at the Marathon Government Center, 2798 Overseas Highway, Marathon, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider adopting the following ordinance: AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING SECTION 19-4 OF THE MONROE COUNTY CODE PROVIDING FOR REVISED TOLL RATES AND TOLL-BY-PLATE RATES; 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. The proposed ordinance may be inspected by the public at the Monroe County website by viewing the agenda packet for the July 17, 2024, meeting, which will be posted beginning on July 11, 2024 at: i:!q,;,//x Y0t:;;c��c0 u;r1ytl xcgx; Y� c x�;Y,/cxtxz(�;t:s/l(fztL.ult�:sl x. The ordinance may also be viewed at the Monroe County Attorney's office at 1111 12th St. Ste.408 Key West, FL 33040. The public can participate in the July 17, 2024,meeting of the Board of County Commissioners of Monroe County, FL by attending in person or via Zoom. The Zoom link can be found in the agenda at !'!.jj;nj„//,u,1, ,nroe,�,,ol,l„ , ;,,a, ,u,1, „a,°, u 1J„ , „ J ,,g,l,l„1t„a, ,,.p.l. ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding,please contact the County Administrator's Office,by phoning(305)292- 4441, between the hours of 8:30a.m.-5:00p.m.,prior to the scheduled meeting; if you are hearing or voice-impaired, call "711': Live Closed-Captioning is available via our web portal @ 1„W g., for meetings of the Monroe County Board of County Commissioners. Dated at Key West, Florida, this 22nd day of June, 2024. (SEAL) KEVIN MADOK, Clerk of the Circuit Court and Ex Officio Clerk of the Board of County Commissioners of Monroe County, Florida Publication Dates: Keys Citizen: Sat., 06/22/2024 Keys Weekly: Thur., 06/27/2024 News Barometer: Fri., 06/28/2024 5147 ORDINANCE NO.: -2024 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING SECTION 19-4 OF THE MONROE COUNTY CODE PROVIDING FOR REVISED TOLL RATES AND TOLL-BY-PLATE RATES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners (BOCC) after discussion and public input at its March 21, 2018 meeting in Key Largo set the toll rate for the Card Sound Road at $.75 per axle for 2-axle vehicles; $1.00 per axle for vehicles with greater than 2-axles to be effective upon implementation of the all-electronic tolling (AET) system and directed for the rate to be adjusted annually in accordance with the Consumer Price Index (CPI); and WHEREAS, the BOCC adopted Ordinance No. 008-2018, which increased the rates and became effective upon the completion of the all-electronic tolling (AET) system on Card Sound Road; and WHEREAS, the BOCC adopted Ordinance No. 032-2019, which increased the toll rates by 2.1% in accordance with the Bureau of Labor Statistics Consumer Price Index for all items less food and energy for Fiscal Year 20 (effective October 1, 2019); and WHEREAS, the BOCC adopted Ordinance No. 028-2020, which increased the toll rates by 1.2% in accordance with the Bureau of Labor Statistics Consumer Price Index for all items less food and energy for Fiscal Year 2021 (effective October 1, 2020); and WHEREAS, the BOCC adopted Ordinance No. 015-2021, which increased the toll rates by 1.6% in accordance with the Bureau of Labor Statistics Consumer Price Index for all items less food and energy for Fiscal Year 2022 (effective October 1, 2021); and WHEREAS, the BOCC adopted Ordinance No. 007-2022, which increased the toll rates by 8.5% in accordance with the Bureau of Labor Statistics Consumer Price Index for all items less food and energy for Fiscal Year 2023 (effective October 1, 2022); and WHEREAS due to increased administrative cost for the processing and collection of toll-by- plate customers, a separate toll-by-plate rate was added for these customers to offset the higher administrative cost effective October 1, 2022; and WHEREAS, the BOCC adopted Ordinance No.014-2023 which increased the toll rates by 5% rounded to the nearest dollars for consistency at each per axle and toll-by-plate rates; and WHEREAS,the toll rates are being revised as set forth below pursuant to the BOCC's direction to adjust the rates annually in accordance with the Bureau of Labor Statistics Consumer Price Index for all items less food and energy, which rose 3.5% over the last 12-months; 5148 NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1: Section 19-4(b)(1) shall be amended to read as follows (added text noted in underlined text and deleted text noted in stfikof4etigh text): (b) Toll schedule. (1) The following toll per axle schedule is hereby established for travel through the Card Sound Road and Toll Bridge Facility: 2-axle vehicle $1.004 Vehicles of 3-axle or greater $12-932 Each Additional axle $12-932 Toll-by-plate 2-axle vehicle $1.5,06 Vehicles of 3-axle or reater $1.9-28 Each Additional axle $1.9-28 SECTION 2: 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 3: 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 4: INCLUSION IN CODE OF ORDINANCES. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. SECTION 5: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with the Department of State as provided in section 125.66(2), Florida Statutes and shall be effective October 1, 2024 at 12:00 a.m. 5149 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting of the Board held on the 17th day of July 2024. Mayor Holly Merrill Raschein, District 5 Mayor Pro Tem James K. Scholl, District 3 Commissioner Craig Cates, District 1 Commissioner Michelle Lincoln, District 2 Commissioner David Rice, District 4 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY (SEAL) Mayor Holly Merrill Raschein ATTEST: KEVIN MADOK, CLERK By As Deputy Clerk 5150