Loading...
Ordinance 2001-025 ORDINANCE NO. 2001- 2_~5 ~X~.~¢~I~'~'~'~N,..~RDINANCE OF COLLIER COUNTY, FLORIDA, RELATING TO i ON~jHALF PERCENT LOCAL GOVERNMENT INFRASTRUCTURE _Ds~RETIONARY SALES SURTAX; PROVIDING FINDINGS; PROVIDING ~I~i,~,~R THE LEVY OF A ONE-HALF PERCENT LOCAL GOVERNMENT DISCRETIONARY SALES SURTAX, SUBJECT TO REFERENDUM APPROVAL, PURSUANT TO THE PROVISIONS OF SECTION 212.055(2), FLORIDA STATUTES, WHICH AUTHORIZES A LOCAL GOVERNMENT INFRASTRUCTURE DISCRETIONARY SALES SURTAX; PROVIDING FOR DISTRIBUTION OF THE ONE-HALF PERCENT LOCAL GOVERNMENT INFRASTRUCTURE DISCRETIONARY SALES SURTAX; PROVIDING A GENERAL DESCRIPTION OF INFRASTRUCTURE TO BE FUNDED; PROVIDING FOR TERMINATION OF THIS ORDINANCE BY BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON NOVEMBER 6, 2001; PROVIDING FOR FORM OF THE BALLOT; PROVIDING FOR POLLING PLACES; PROVIDING FOR HOURS OF ELECTION; PROVIDING FOR ELECTION OFFICIALS; PROVIDING FOR NOTICE OF ELECTION; PROVIDING FOR CONSTRUCTION AND INTENT; PROVIDING FOR NOTIFICATIONS TO BE MADE BY THE CLERK; PROVIDING FOR THE COMMENCEMENT OF TAX COLLECTION; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners, in accordance with the provisions of this Ordinance, is calling a referendum election to be held on November 6, 2001 relating to a one- half percent local government infrastructure discretionary sales surtax; and WHEREAS, the purpose of the referendum election is to determine if the qualified voting electors of Collier County approve the levy of a one-half percent local government infrastructure discretionary sales surtax commencing on January 1, 2002 and continuing until terminated by the Board of County Commissioners; and WHEREAS, the revenues from the additional one-half percent local government infl'astructure discretionary sales surtax are to fund infrastructure for roads; and NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: FINDINGS. WHEREAS, the Board finds it appropriate to authorize, with voter approval, a lev~ thl~one- half percent sales surtax to fund infrastructure for roads ........ ~ ..< ~ BOARD OF ~ODt~T'~'~ The Board of County Commissioners of Collier County hereby makes the following findings: A. Section 212.055(2), Fla. Stat., which provides for the local government infi'astructure discretionary sales surtax, authorizes the levy of a discretionary sales surtax of one-half percent, subject to referendum approval, to finance, plan, and construct infrastructur6 defined as any fixed capital expenditure or fixed capital outlay associated with the construction, reconstruction, or improvement of public facilities which have a life expectancy of five (5) or more years and any land acquisition, land improvement, design, and engineering costs related thereto. B. It is the purpose of the Board of County Commissioners in adopting the additional one- half percent sales tax to relieve existing deficiencies in road intYastructure for the benefit of existing residents and not require existing residents to pay for new growth. C. The levy of this one-half percent local government infrastructure discretionary sales surtax was selected by a majority of the Board as an appropriate way to fund road infi'astructure to provide an acceptable level of transportation service to preserve the quality of life. SECTION TWO: LEVY OF LOCAL GOVERNMENT INFRASTRUCTURE DISCRETIONARY SALES SURTAX. A one-half percent (.5%) local government infrastructure discretionary sales surtax shall be levied throughout Collier County, Florida, beginning January 1, 2002, pursuant to the provisions of Section 212.055(2), Fla. Stat., subject to approval by a majority of electors of Collier County voting in a referendum election on the surtax. SECTION THREE: DISTRIBUTION OF LOCAL GOVERNMENT INFRASTRUCTURE DISCRETIONARY SALES SURTAX. The proceeds of the local government infl'astructure discretionary sales surtax shall be distributed according to one of the following methods: A. An interlocal agreement between the Board of County Commissioners and the governing bodies of the municipalities representing a majority of the county's municipal population. Said interlocal agreement shall provide that all proceeds of the local government infrastructure discretionary sales surtax distributed to the county and the municipalities shall be used solely to finance, plan and construct road infi'astructure pursuant to Section 212.055(2)(d), Fla. Stat., and the agreement shall further provide that said proceeds shall not be used to supplant or replace user fees or to reduce ad valorem taxes existing prior to the levy of the surtax. B. If there is no interlocal agreement, distribution of the proceeds o'f the local government infrastructure discretionary sales surtax shall be according to the formula provided in Section 218.62, Fla. Stat. C. All of the proceeds of the local government infrastructure discretionary sales surtax received by and allocated to Collier County, City of Naples, City of Everglades, City of Marco Island, and any interest accrued thereto, shall be expended to finance, plan or construct road infrastructure which is a fixed capital expenditure pursuant to the provisions of Section 212.055(2), Fla. Stat. SECTION FOUR: GENERAL DESCRIPTION OF INFRASTRUCTURE TO BE FUNDED. The proceeds of the local government infrastructure surtax shall be used to finance, plan, construct, reconstruct or improve road infrastructure (any fixed capital Or fixed capital costs associated with the construction, reconstruction or improvement of public facilities which have a life expectancy of five (5) or more years and any land acquisition, land improvement, design and engineering costs related thereto) pursuant to Section 212.055(2)(d), Fla. Stat. 2 SECTION FIVE: TERMINATION OF THIS ORDINANCE BY BOARD OF COUNTY COMMISSIONERS. The Board of County Commissioners shall enact an ordinance repealing this Ordinance when the Board determines that the one-half percent sales tax is no longer needed to fund road infrastructure. The sales tax shall terminate on December 31. SECTION SlX: REFERENDUM ELECTION CALLED. A referendum election is hereby called and ordered to be held on November 6, 2001 for the purpose of submitting to the qualified electors of Collier County the question of whether the levy of a one-half percent local government infrastructure sales surtax shall be approved. SECTION SEVEN: FORM OF BALLOT. A. The ballot to be used in said referendum election shall be in substantially the following OFFICIAL BALLOT REFERENDUM ELECTION ON AN ADDITIONAL ONE-HALF PERCENT LOCAL GOVERNMENT INFRASTRUCTURE DISCRETIONARY SURTAX (SALES TAX) Shall an additional one-half percent surtax (sales tax) pursuant to Ordinance No. 2001-__ be levied in Collier County, commencing on January 1, 2002 to finance, plan, construct, reconstruct or improve needed road infi'astructure (road projects) which includes land acquisition, land improvement, design and engineering costs and utility improvements in the public rights-of-way? FOR the One-half Cent Sales Tax AGAINST the One-half Cent Sales Tax B. The Supervisor of Elections shall include on all ballots such instructions to voters as are necessary. SECTION EIGHT: POLLING PLACES. The election shall be held at polling places designated in Collier County. SECTION NINE: HOURS OF ELECTION. The polls shall be open on the date of said referendum election from 7:00 A.M. to 7:00 P.M. All qualified electors residing within Collier County, Florida may vote in said election. Absentee voting shall be upon compliance with applicable provisions of general law. SECTION TEN: ELECTION OFFICIALS. The election shall be held within Collier County as a county-wide election. The referendum election shall be conducted by election officials appointed by the Supervisor of Elections pursuant to applicable general law. 3 SECTION ELEVEN: NOTICE OF ELECTION. The Clerk of this Board shall publish a notice of the referendum election in the Naples Daily News, a newspaper of general circulation published in Collier County, Florida. There shall be at least thirty (30) days notice of said election, with publication to be made at least twice, once in the fifth week and once in the third week prior to the week in which the referendum election is to be held. Said notice shall be in substantially the following form: NOTICE OF REFERENDUM ELECTION NOTICE IS HEREBY GIVEN, that a referendum election will be held on November 6, 2001, in Collier County, Florida, at polling places designated within the voting precincts of the County for the purpose of determining the following question: Shall an additional one-half percent surtax (sales tax) pursuant to Ordinance No. 2001-__ be levied in Collier County, commencing on January 1, 2002 to finance, plan, construct, reconstruct or improve needed road infrastructure (road projects) which includes land acquisition, land improvement, design and engineering costs and utility improvements in the public rights-of-way? FOR the One-half Cent Sales Tax AGAINST the One-half Cent Sales Tax Polls will be open at the voting places on the date of said referendum election from 7:00 A.M. to 7:00 P.M. on the same day. All qualified electors residing within Collier County may vote in said referendum election. Absentee voting may be permitted upon compliance with applicable provisions of general law. DWIGHT E. BROCK, CLERK BY: Deputy Clerk SECTION TWELVE: CONSTRUCTION AND INTENT. A. The provisions of this Ordinance shall be construed in 212.055(2), Fla. Stat. pari materia with Section B. It is the further intent of this Ordinance that the terms and provisions of this Ordinance and Section 212.055(2), Fla. Stat., shall be construed liberally to achieve the public purpose of funding infrastructure for roads, to maintain and improve the quality of life of the residents of Collier County. SECTION THIRTEEN: NOTIFICATIONS BY CLERK. A. The Clerk to the Board of County Commissioners shall immediately notify the Supervisor of Elections of the adoption of this Ordinance calling the referendum election to be held on November 6, 2001 and shall transmit a certified copy of this Ordinance to the Supervisor of Elections. B. The Clerk to the Board of County Commissioners shall notify the State of Florida Department of Revenue within ten (10) days after the adoption of this Ordinance. The notice 4 shall include the proposed date of January 1, 2002 on which collection of the surtax will commence, the time period during which the surtax will be effective, the rate, a copy of this Ordinance, and such other information as the Department of Revenue may prescribe by rule. C. The Clerk to the Board of County Commissioners shall immediately and prior to November 16, 2001 notify the State of Florida Department of Revenue of the results of the referendum election provided for herein. SECTION FOURTEEN: COMMENCEMENT OF TAX COLLECTION. The collection of the local government infrastructure discretionary sales surtax shall commence on January l, 2002. SECTION FIFTEEN: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the v.alidity of the remaining portion. SECTION SIXTEEN: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida if approved by the qualified electors of Collier County voting in a referendum election to be held on November 6, 2001. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION SEVENTEEN: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of .~-x~ ,2001. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B y:j AMES~~A RTER, Ph.D., CHA IRMAN Approved as to form and leg~al/sufficiency:t Heidi 'F. Ashton Assistant County Attorney This ordinance filed with the Secretary of Sj~ate's Office the -/-/2~6day o'f ~ ~ ~.~/ and acknowlec[ge~en~ of that filing received this of _ ~a . h:HFA\()rd~one-half percent sales lax STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINAI~CE NO. 2001-25 Which was adopted by the Board of County Commissioners on the 8th day of May, 2001, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 8th day of May, 2001. DWIGHT E. BROCK Clerk of Courts Ex-officio to Board County Commissioners ' :"., ~, .~,.~. ':.~ :~Z[f:'~i:~'[.~. By:Teri ~- ~ ~ "', Deputy Clerk .... ,i~~:' '