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
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Mayor Freeman
Mayor Pro Tem London
Commissioner Harvey
Commissioner Reich
Commissioner Douglass
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Attest: DANNY L. KOLHAGE, Clerk
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Deputy Clerk
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BOARD OF COUNTY COMMISsrONERS .e.
OF MONROE COUNTY, FLORIDA
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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
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The School Board of Monroe County, Florida
RORFRT G. VVALKER
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July 13, 1995
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Mr. Jim Roberts
County Adminislmtor
Monro~ C\IUnly Public Scrvil;1,; Building
Stm;k Island
Key West, FL 33040
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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
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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
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'SE!\T BY:MCSB
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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,
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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
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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