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Resolution 118-1988 Monroe County Commission RESOLUTION NO. 118 -1988 A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR/CHAIRMAN OF THE BOARD TO EXECUTE A MEMORANDUM OF AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AND THE BOARD OF CITY COMMISSIONERS OF KEY WEST, FLORIDA, IN ORDER TO PROVIDE A PLAN OF LAND ACQUISITION FOR THE LAND AUTHORITY'S ONE-HALF OF THE PROPOSED ONE CENT TOURIST IMPACT TAX. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Board hereby approves and authorizes the Mayor/Chairman of the Board to execute a Memorandum of Agreement by and between the Board of County Commissioners of Monroe County, Florida, and the Board of City Commissioners of Key West, Florida, a copy of same being attached hereto, in order to provide a plan of land acquisition for the Land Authority's one-half of the proposed one cent tourist impact tax. PASSED AND ADOPTED by the Board of County Commissioners of ,-1 Monroe County, Florida, at a regular meeting of said Boa~d held on the 1st day of March, A.D. 1988. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,... FLORIDA . .J. g~t~ By CJ ;' " Mayor C airman (Seal) Attest:DANNY L. KOLHAGE, Clerk ~ ~~'lc-LD1t"--- .. Qc , Clerk I :.,~;c,./,jr.'o~/.,?lJ /:,.$ 70 r(J',:~,t/: ,.";ro!t': :~,~.,? f~t.t,(":t.:/":.}t.t t;'~l. 'l__~(l VO'A /~t-; ~'.n"'"":{'.:'" (":.f: MEMORANDlt1 OF AGREEMENT WHEREAS, the Legislature of the State of Florida has enacted Chapter 86-170 Laws of Florida which provides for the creation of a Land Authority by the Board of County Commissioners of any county in which there is one or more areas of critical state ~ concern ~ and WHEREAS, Monroe County contains two areas of critical state concern: The Florida Keys Area of Critical State Concern and the City of Key West Area of Critical State Concern; and WHEREAS, Chapter 86-170 Laws of Florida authorizes the County to levy a one cent tourist impact tax on accommodations if such tax is authorized by vote of the majority of the electors of each area or areas of critical state concern; and WHEREAS, Chapter 86-170 Laws of Florida provides that one half of the one cent tourist impact tax shall be available to the Land Authority and shall be expended within the area of critical statp concern in which the tax was collected except for 5~ of the tax which is to be used by the Land Authority for administrative and other costs; and WHEREAS, the board of County Commissioners has set the question of a one cent tourist tax to be levied in the Florida key,:. Area of Critical State Concern and the City of Key West Area o~ Critical State Concern for a referendum of the electorate of E0Ch area at the a general election on March 8, 1988; and WHEREAS, Monroe County and the City of Key West support the concept of home rule and the right for the local governing body to have final authority to make land development and land acquisition decisions; and WHEREAS. the Board of County Corrrnissioners desires to establ ish an orJerly means of ensuring that the one half of the one cent tourist in,~'act tax coll ected within the City of Key West Area of Critical StaLe Concern that is to be disbursed to the Monroe County Comprehensive Plan Land Authority is used by the Land Authority ifl a manner and way which is consistent with and 1 pursuant to the comprehensive plan of the City of Key West and the views and desires of the City of Key West; IT IS THEREFORE AND HEREBY AGREED THAT: 1. The City of Key West shall provide the Monroe county Land Authority Advisory Body with a proposed plan of acquisition for the one half of the tourist impact tax collected within the City of Key West Area of Critical State Concern that is to be disbursed to the Land Authority. 2. The plan of acquisition of the one half of the tourist impact tax collected within the City of Key West Area of Critical State Concern shall be approved by the City Commission of the City of Key West prior to the transmission of the proposed plan of acquisition to the Advisory Body to the Monroe County Comprehensive Plan Land Authority. 3. The Board of County Commissioners shall adopt the proposed plan of acquisition approved by the City of Key West as a part of the final plan of acquisition. 4. The Land Authority shall not expend any portion of the one half of the one cent tourist impact tax collected in the City of Key West except for the 5% authorized for administrative expenses by Chapter 86-170 Laws of Florida until a final plan of acquisition for the City of Key West Area of Critical State Concern has been approved by the Board of County Commissioners; and the Board, acting as the governing body of the Land Authority, shall not expend any portion of the one half of the one cent tourist impact tax collected within the City of Key West Pur'ea of Cr- it i ca 1 State Concern e:-:cept in accordance wi th th~ /) "-L! (J J/") approved final plan of acquisition, subject to statutory consideration. 5. The City of Key West proposed plan of acquisition for the one half of the tourist impact tax collected within the City of Key West Area of Critical State Concern shall generally conform to the following priority 1 isting of lands to be acquired: 1) Key West Salt Ponds area surrounding the Key West Airport, 2) Vacant land north of US Route 1 on Stock Island, 3) Vacant land along Atlantic Boulevard, 2 .. 4) Vacant land along North Roosevelt Boulevard, 5) Land excessed by the US Navy. WITNESS our hands and seals this day of , A. D., 1 988 . . . BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By (SEAL) Mayor Attest: DANNY L. KOLHAGE, Clerk BOARD OF CITY COMMISSIONERS OF KEY WEST, FLORIDA By --.J </ t. j/ fj 71,~k MaYOr,) (SUiL! ,: JOSEPHINE PARKER, Clerk .,.'-,-:-(:''':0 AS TO FORM . . "'~-,1' .';UFfICIEfIlCY. "'. ~ . ~. U,,, OpQp~ ". "',t." ~."'" "J 3