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HomeMy WebLinkAboutResolution 258-1995 County Commission RESOLUTION NO. 258-1995 WHEREAS, the Monroe County District School Board on July 10, 1995, passed Resolution No. 442 calling for a Referendum TO be held on October 3, 1995, for the purpose of submitting to the electors of Monroe County a question regarding the levy by the School Board of a discretionary sales sUliax of one-half cent; and WHEREAS, the Monroe County School Board by letter dated July 13, 1995, has requested of the Board of County Commissioners of Monroe County that such a Referendum be placed on said election date; and WHEREAS, the Board of County Commissioners has determined that this is a public issue that should be considered by the public at a properly called election, now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA that such Referendum as identified by the Monroe County District School Board be presented to the voters at the October 3, 1995 election. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 18th day of July, 1 ci5. c :z ~.. :::lIoz ClD_7. ,." ~ --~ ,) r Mayor Freeman Mayor Pro Tem London Commissioner Harvey Commissioner Reich Commissioner Douglass yes yes yes yes yes ,-,.._~- '-' 2:::: ,~"!: -. ' (-- ' :-<....: (SEAL) Attest: DANNY L. KOLHAGE, Clerk B~C.~ Deputy Clerk -0 W U1 BOARD OF COUNTY COMMISsrONERS .e. OF MONROE COUNTY, FLORIDA f'~- ~~(l~ ByC",) I ~7 A ..... Wo6 Mayo hairman -'-1 EFFECTIVE DATE jresschool APPROVED AS F' 0', B..:jY. ~I-..U. :-'- .. ,r~?~V ~ f: " rTl o '" C) N U'I .~ ,..." -:.v ;'''"1 C o ::0 .--:' J)annp 1.. kolbage BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 M E M 0 RAN DUM To: Harry Sawyer, Supervisor of Elections From: Isabel C. DeSantis, Deputy clerk~.C. B', July 25, 1995 Date: ================================================================= At the Board of County Commissioner's meeting of July 18, 1995, the Board adopted Resolution No. 258-1995 calling for a Referendum to be held on October 3, 1995, for the purpose of submitting to the electors of Monroe County a question regarding the levy by the School Board of a discretionary sales surtax of one-half cent. Attached hereto for your use in this matter, is a certified copy of the subject Resolution. Should you have any questions, please feel free to contact me. cc: County Attorney County Administrator File ;-,L\ I tn: MC,ts . /-1{-;J.J , {j,-i;J.'t~ ' :)10nro~ ~,O .)(lIOOI tlO-" JU~%~~qO-i-i.; l/lU The School Board of Monroe County, Florida RORFRT G. VVALKER Sl.ftJIIIfmIIlO /I,.,""",.. of"'" /bird ~., lv.uNCl! W "llI.LIPS ~ July 13, 1995 DIIIna 1I2 "tI\lY ONfFtTHS ou.n.. ., PIlANt IlliTLU Via CI_I"", Mr. Jim Roberts County Adminislmtor Monro~ C\IUnly Public Scrvil;1,; Building Stm;k Island Key West, FL 33040 Vainer" III' !\II! KIlU. Y COH"N -., OUIlA W"I~ I0IO' II CQLUN., ~.....~..... -." D~ar Mr. Ro~rts: On July 10, 1995, the MorlIOl~ County District School Board passed Resolution 442, calling for a referendum to be held on October 3, 1995, for the purpose of submining tn the electors of Mnnrne County a question regarding the levy by the School Board of a discretionary saJes surtax of one-haJf cent r have attached a copy of ReSt)lution 442 and Senatt: Bill 562 tor your information and usc. In accordance with statutory requiccments as referenced in Section 5 (page 3) ok'the attached resolution, the School Board requests that the Board of County Commissioners of Monroe County caB a special refereudum to be held throughout Monroe County on October 3, 1995 for the purpose of submining to the duly qualitied electors of Monroe County the question of the discretionary sales surtax of one-half cent. As required, the School Board shall reimburse Monro~ County tor the costs of such referendum based on the actual expense incurred. The Supervisor of Elections, Hany Sawyer, has advised us that a city of Key West election is already scheduled for that date. Please contact me should you require additional information to ngellda this it\:lU for your nexl Board of County Commission Meeting. '[be School Board and/or administrative staff are prepared to provide information and discuss this item upon notification of the Board of County Commissioners scheduled meeting date and site where this request will be considered Your assistance in our behalf to schedule this item for immediate Board of County Commission considenttion is appreciated. S incercl y . ~W'.lL------ Robert G. Walker RGW/kar Attachment cc: Counry Commissioners Nl Wlure Sttoet . 1', 0, Box 1788 · ""y WoHt, PI. n041-1 7118 . OOS) 29&.6523 SunCmu 4b4-HOO . I'n (05) 293.14011 I :Dq~ 5E"T BY: MCSB 7-l7-~5 ; b:45AM : Monrop (0 ~chooJ tlct- ;)U5;l::J24544 : 11 oil U THE SCHOOL BOARD OF MONROE COUNTy, FLORIDA RESOLUTION NO. 442 A RESOLUTION OF THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA CALLING FOR A REFERENDUM TO BE HELD ON OCTOBER 3, 1995 FOR THE PURPOSE OF SUBMITTING TO THE DULY QUALIFIED ELECTORS OF MONROE COUNTY, FLORIDA A QUESTION REGARDING THE LEVY BY THE SCHOOL BOARD OF A DISCRETIONARY SALES SURTAX OF ONE-HALF CENT FOR THE PURPOSE OF FUNDING THE COSTS OF FIXED CAPITAL OUTLAY, LAND ACQUISITION, TECHNOLOGY IMPLEMENTATION AND RETROFITTING, INCLUDING BOND INDEBTEDNESS THEREFOR, IF ANY; PROVIDING FOR ~ROPER NOTICE OF SUCH ELECTION; AUTHORIZING CERTAIN INCIDENTAL ACTIONS; AND PROVIDING AN EFFECTIVE DATE WHERFAS, lack of funding throughout the School District of Monroe County, Florlda (the "District") for the costs of construction, reconstruction and improvement of new and existing public school facilities, and for the cost of providir.9 and retrofitting schools for te~hnology ~mplementation, including hardware and software, has become more and more acute; and WHEREAS, surveys by the State Department of Education and the School Board of Monroe County I Florida (the "School Board") indicate the need for construction ot new school facilities, renovat ion of eXlsting school fac i 1 i ties, installation of n~w computer technology and retrofitting of existing facilities for technology implementation throughout ~he District; and WHEREAS, \..he legislature of the State of Florida in its 1995 ::;e~:iiion has enacted subsect:ion {7) of Section 212.055, Florida Statutes, authorizing the imposition by school boards of,a on~-ha1.f cent ~ale5 surtdx to fund capital outl~y projects and technology in'\plemBntation, including the payment of bond indebtedness th~retor, subject to approval by the electors of the county voting in a referendum; and WHEREAS, th8 School Board desires to limit the financial impact of lts capit.al outlay and technology implementation programs .sENT BY:MCSB ; 7-17-~5 , tj:-ttiAM ' Monroe Co :;ctIOOJ Bct-l 0U5L~L~54~;~ ~/lU on local property owners by minimizing the use of ad valorem taxes to pay the co~ts of such improvements; and WHEREAS, the School Board has adopted a plan for use of the proceeds of levy and collection of the surtax for capital outlay and technology implementntion, which plan may be modified from time to time as the School BOilt'd deternunes to be in the best interest of the citiz~ns throughout Monroe County; NOW, THEREFORE, BE IT RESOLVED BY THE SCHOOL HOARD OF MONROE COUNTY, FLORIDA: Section 1. Tax Levy, Tben~ is hereby levied and imposed within Monroe CUI,mty a discretionary sales surtax of .5 percent (one-half cent) pursuant to the provisions of Section 212.055(7) Florida Statut.es and Section 212.051 Florida Statutes. Sect ion 2. Term of Levy, The surtax 1 evy !';hall commence January I, 1996 The surtax lp.vy shall remain in full force and effect for a ro"':riod of ten (10) years from and after January 1, 1996 unless repealed or reduced prior to that time by resolution ot the School Board, which repea.l or reduction may be effectuated without referendum. Section 3, Administration. The surtax levied hereby shall be collected, administered and paid to the School Board by the Department of Revenu.e pursuant to the terms of Section 212.054, Florida Statutes and 8uch other laws as may be applicable. Section 4, U~e of Revenves. The proceeds ot the levy and collection of the surtax and any incerest accrued thereto shall be expended by the School Board for fixed capital expenditures or fixed capital costs assocl.o.ted with the construction, recon- struction or improvement of school facilities and campuses which have a useful life ~xpectancy of five (5) or more years, and any land acquisition, land improvement, design and engineering costs re lated thereto. includ1.ng, t.o the ~xt"et"\t permitted by law, the making of lease payment,s under lease purchase agreements pursuant to Sections 7..10,23(9) (b) (5) and 235.056(2) Florida Statutes, and for the costs of retrofitting and providing for technology implementation, including hardware and software, for the various sites wichin the Distr1.ct. Such proceeds and interest thereon may also be used for tbe purpose of servicing bond indebtedness ~o - 2 - SENT BY; MCSB 7-17-95 ; e:47AM Monroe Co School Bd~ JU5~~24544;# 5/1U finance projects authorlzed above. Po. brief and general description of the initial c~pital outlay projects to be funded by the surtax is set forth in the plan attached hereto as Exhibit A. Such plan may be modified from time to time as circumstances change and needs arise. Section 5. Specj~l Rp.ferendum. The School Board hereby requests that the Boa~d of County Commissioners of Monroe County, Flol'.i.da call a specla.l referendum to be held throughout Monroe County, Florida, on October .}, 1995 for" the purpose of submi tt ing to the duly quall,fied electors ot Monroe County the questiun set torth herein, The Monroe County SuperVitiQL' o[ Elections shall conduct said special elecLion pursuant to the provisions of the election ldwt) of the State of Florida. The School 130ard shall z.-elrnburse Monroe County for the coat.s of such referendum based on the actual expense incurred on behalf of the School Board as filed by the Monroe County Supervisor of Elections with Monroe COllnty. Section 6 Notice of F,lpr.tion Not less than thirty (30) days' notice of said election shall be given by ~ublication both in English and S~anish in a newspaper of qeneral circulation throughout the Oistrict_ Such publication shall be made at least twice, once in the fifth week and once in the third week prior to the week in which said election is to be held, which notice shall b~ substantially in the following torm together with such additional information as the Supervisor of El~ctions and County Clerk of Monroe County, Florida shall require; NOTICE OF ELECTION TUeSDAY, OCTOBER 3, 1995 IN MONROE COUNTY, FLORIDA NOTICE IS HEREBY GIVEN THAT AN ELECTION HAS BEEN CALLED BY THE DOARD OF COUNTY COMMISSIONERS OF MONROE COtmTY, FLORIDA AT THE REQUEST OF THR SC.HOOL BOARD OF MONROE COUNTY, FLOR.IDA. ~ROM 7:00 A_M. UNTIL 7:00 P.M, ON TUESDAY, THE THIRD DAY OF OCTOBER, 1995, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY QUALIFIED ELECTORS OF MONROE COUNTY, FLORIDA THE FOLLOWING QUESTION: - 3 - SE\T BY; MCSB ; I-U-;jiJ , /j,q/,'\J'!l , Monro\' LO .)cnool tlo"" VViJL~L~O~~.~ O/IV SHALL THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA LEVY A ONE-HALF CENT SALES SURTAX UNDER RESOLUTION NO. 442 FOR A PERIOO OF TEN (IO) YEARS BEGINNING JANUARY 1, 1996 TO fUND LAND ACQUISITION AND CONSTRUC~ION OF NEW SCHOOLS, RENOVATION AND ADDITIONS TO EXISTING SCHOOLS, AND THE UPGRADING AND EQUIPPING OF ALL SCHOOLS FOR TECHNOLOGY? FOR THE ONE-HALF CENT TAX AGAINST THE ONE-HALF CENT TAX RESOLUTION NO. 442 ADOPTED BY THE SCHOOL BOARO OF MONROE COUNTY, FLOR I DA ON JUL Y 10 , 1995 , PROVIOES FOR THE IMPOSITION OF A ONE-HALF CENT SALES TAX, THE PROCEEDS OF WHICH SHALL DE EXPENDED BY THE SCHOOL BOARD FOR FIXEO CAPITAL EXPENDITURES OR FIXED CAPITAL COSTS ASSOC1ATED WITH THE CONSTRUCTION, RECONSTRUCTT.ON OR IMPROVEMENT OF SCHOOL FACILITIES AND CAMPUSES WHICB HAVE A USEFUL LIFE EXPECTANCY OF FIVE (5) OR MORE YEARS, AND AJflY LAND ACQUISITION, LAND IMPROVEMENT, DESIGN AND ENGINEERING COSTS RELATED THERETO, AND FOR THE COSTS OF RETROFITTING AND PROVIDING FOR TECHNOLOGY IMPLEMENTATION, INCLUDING HARDWARE AND SOFTWARE, FOR THE VARIOUS SITES WITHIN THE DISTR!CT. SUCH PROCEEDS AND INTEREST THEREON MAY ALSO BE USED FOR THE PURPOSE OF MAKING LEASE PAYMENTS UNDER LEASE PURCHASE AGREEMENTS AND FOR THE PURPOSE OF SERVICING BOND INDEBTEDNESS TO FINANCE PROJECTS AUTHORIZED ABOVE. IN ACCORDANCE WITH THE CONSTITUTION AND THE ELECTION LAWS OF THE STATE OF FLO~IDA, ALL DULY QUALIFIED ELECTORS OF MONROE COUNTY, FLORIDA SHALL BE ENTITLED TO VOTE IN THE E~CTrON OF WHICH THIS NOTICE PERTAINS. THE SCHOOL BOARD Or- MONROE COUNTY, FLORIDA SHALL BE AUTHORIZED TO LEVY THE Tnx COVERED BY THE QUESTION STATED ABOVE IF THE QUESTION SHALL BF. APPROVED BY VOTE OF A MAJORITY OF THE DULY QUALIFIED ELECTORS OF MONROE COUNTY, FLORIDA VOTING THEREON. Section 7. Official Ballot. The official ballot to be used in the election to be held on October 3, 1995 shall be in English - 4 - 'SE!\T BY:MCSB , 7 - 11 -:J::J , ti, 'ltiA.1Vl ; M 0 n r U I:' L 0 ;)( no 0 I tid-l JUwL~L~O~~.~ IflU and Spanish and shall be in full compliance with the laws of the State of Florida and shall be substantially in the following form: OFFICI~L BALLOT THE SCHOOL BOARD OF MONROE CotJNTY t FLORIDA ONE - HALF CENT SALES SURTAX FOR SCHOOL CON- sTRucTIoN AND RENOVATION, AND TECHNOLOGY UPGRADE SHALL THE SCHOOL BOARO OF MONROE COUNTY, FLORIDA LEVY A ONE-HALF CENT SALE:S SURTl\X UNDER RESOLUTION NO. 442 FOR A PERIOD OF TEN (10) YEARS BEGINNING .JANUARY 1, 1996 TO FUND LAND ^CQUISITION AND CONSTRUCTION OF NEW SCHOOLS, RENOVATION AND ADDITIONS TO EXISTING SCHOOLS, AND THE UPGRADING AND EQUIPPING OF ALL SCHOOLS FOR TECHNOLOGY? FOR THE ONE-HALF CENT TAX AGAINST THE ONE-HALF CENT TAX If a majority of the ballots cast at such election shall be "FOR THE ONE-HALF CENT TAX", the levy of such tax shall be approved and said surtax shall be levied as provided by law. Section 8. Statutory References. All stat:.ucory references herein shall be to said statutes as they exist on the date of adoption of this Resolution and as they may be from time to time amended or renl.lmber~d except to ehe extent contractual commitments would preclude application of a 9ubsequent statutory revision or repeal. Section~. Severability" It is d~clared to be the intent of the School Board that, if any section, subsection, sentence, clause. phrase. or portion of chis Resolution is for any reason held invalirl or unconstitutional by any court of competent j'lrisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof, - ~ - SE\T BY:MCSB ; 7-17-35 ; 8:48AM; Monroe Co School Bd.... 3U5232454~;# tl/lU Spction 10. ('nnflict. Any resolution or part thereof 1n conflict with this Resolution or any part hereof is hereby repealed to the extent of the conflict, Section 11, Effpctj.v\'> Dat~,- Sections 1 through 4 of this Resolution shall be effective upon approval by a majority of votes cast by qualified electors in the referendum provided for herein and the ~emaining sectlons of this Resolution shall be effective immediat~ly upon its adoption, Adopted thi~ 10th day of July, 1995, ~,.,... 7 - /// / /1~0Z A,. - By: I CC..Gc..._.......... __ ,,& _ __ :,;-<-t",l.'<:f-<.- Chairman, The School Bo~rd of Monroe County, Florida (SE1\L] ATTEST ID G \ ~) \);L Secretary, The School Boara-----.--- of Monroe County, Florida Approved as to form. Attorney - 6 - N .,;l .,.. ... V> '^ CO' !: ... ! "" a II: Q oJ )- ~ = I '" .. .. ;; .. o ~ tI III ~ f III nI/~ #~ttgt~~~gn~ .. .. ... - c .. ". .,. I III ... .. I '" .. .. ~ .. " ~ I: .. I ~ ~ A 4: .. .. - .. .. .. .. Co D .. : II .. '" ~ .. ~ .. .. .. .. .. ... 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" ! .. . o !'\ i >1 Cl 8 1"1 QSJW: A9 IN3S RESOLUTION WHEREAS the Monroe County District School Board on July 10, 1995, passed Resolution No. 442 calling for a Referendum to be held on October 3, 1995, for the purpose of submitting to the electors of Monroe County a question regarding the levy by the School Board of a discretionary sales surtax of one-half cent; and WHEREAS the Monroe County School Board by letter dated July 13, 1995, has requested of the Board of County Commissioners of the County of Monroe that such a Referendum be placed on said election date; and WHEREAS the Board of County Commissioners has determined that this is a public issue that should be considered by the public at a properly called election; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT such referendum as identified by the Monroe County District School Board be presented to the voters at the October 3, 1995 election. Adopted this day of July, 1995. BY: Mayor, Monroe County Approved as to