Ordinance 2001-026ORDINANCE NO. 2001- 26
AN ORDINANCE .NDIN COLLIER COUm=O
ORDINANCE NO. 93-48 m SO CITED AS CODE
LAWS AND ORDINANCES SECTION 126-28, PURSUAN~
TO SECTION 336.025, FLORIDA STATUTES, ~
PROVIDING FOR THE EXTENSION FOR ~Y Y~S ~k
OF THE FI~ CENTS OF ~DITION~ LOC~ OPTION
GAS T~ UPON ~RY G~LON OF MOTOR FUEL SOLD
IN COLLIER COUNTY ~ T~ED ~ER PROVISIONS
OF P~T I OF C~PTER 206, FLORIDA STATUTES,
~IN~ SECTION 126-28~ (b) FI~IN~S ~
PURPOSE, (c) L~ OF T~, (d) PROVIDIN~
EFFECTI~ DATE OF EXTENSION OF THE
IMPOSITION OF T~, (e)(1) ~ (2) USE OF
~~ES ~ PROVIDIN~ FOR COLLECTION
DISTRIBUTION OF T~; PROVIDING FOR CO~LICT
~ S~~ILITY; PROVIDIN~ FOR INCLUSION IN
THE CODE OF ~WS ~ O~IN~CES;
PROVIDING ~ EFFECTI~ DATE.
~EREAS, the Florida Legislature, in special session in
1993 amended Section 336.025, Florida Statutes, to provide for
the le~ of an Additional Local Option Gas Tax on motor fuel;
and
~EREAS, Section 336.025(1) (b), Florida Statutes, Section
126-28 of the Collier County Code of Laws and Ordinances,
[Ordinance 93-48], provides for the le~ of up to five cents of
Additional Local Option Gas Tax upon every gallon of motor fuel
sold in Collier County, Florida, and taxed under the provisions
of Part I of Chapter 206, Florida Statutes; and
~EREAS, Collier County has identified through the short-
range and long-range transportation planning process that the
transportation needs far exceed the projected revenue; and
~EREAS, Collier County has adopted a Five Year Capital
Improvement Program for Roads to undertake needed County
arterial and collector road projects; and
~EREAS, preparation of the fiscal year 2001-2002 budget
confirms insufficient
construction; and
WHEREAS, delays
revenues for future capital road
in undertaking specific roadway
improvements outlined in the County's Road Program will result
in increased future road construction expenditures and a
decrease in the level of service on County arterial and
collector roadways and increased congestion; and
Words underlined are added; words struck through are deleted.
WHEREAS, it is determined by the Board of County
Commissioners of Collier County that the extension of the levy
of five (5) cents of Additional Local Option Gas Tax upon every
gallon of motor fuel sold in Collier County is necessary to
fund construction of needed transportation facilities, and is
necessary to promote the public health, safety and welfare of
the citizens of and visitors to Collier County, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION 126-28 Same - Addition&l Five-Cent Levy.
(a)Title and citation. This section shall be known and may be
cited as the Collier County Additional Five Cents Local Option
Gas Tax Ordinance.
(b)Findings and purpose. It has been determined by at least a
four-fifths vote of the board of county commissioners that
the levy and its extension of the additional $0.05 local option
gas tax on every gallon of motor fuel sold in the county and
taxed under the provisions of F.S. ch. 206, pt. I (F.S.
206.01 et seq.) is necessary for transportation expenditures
needed to meet the requirements of the capital improvements
element of the county~ adopted comprehensive plan. The levy
and its extension of the additional $0.05 local option gas tax
is determined to be necessary to promote the public health,
safety and welfare of the citizens of and visitors to the
county. This tax is in addition to the local option gas taxes
levied pursuant to section 126-27 of the Collier County Code of
Laws and Ordinances.
(c)Levy of tax. There is hereby established, levied= and
imposed, and extended, as referenced herein, the additional
$0.05 local option gas tax, in the amount of $0.05 per gallon,
upon every gallon of motor fuel sold in the county and taxed
under the provisions of F.S. ch. 206, pt. I (F.S. § 206.01 et
seq.) as provided in F.S. § 336.025.
(d) Effective date; duration. The additional $0.05 local
option gas tax initially ~ imposed effective January 1,
1994, for a period of ten years shall be extended for an
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additional period of twenty (20) years effective January 1,
2004. Upon expiration, any extension of the additional local
option gas tax may be ~-eimposed as provided by law.
........... ~ ............. A redetermination of the method of
distribution shall be made as provided in F.S. § 336.025 or as
otherwise provided by law.
(e) Collection and distribution; use. The additional $0.05
local option gas tax shall be c611ected in the same manner as
all other gas taxes pursuant to F.S. ch. 206. The distribution
of the additional $0.05 lOcal option gas tax shall be pursuant
to Section 336.025. Florida Statutes, through an interlocal
agreement with one or more of the municipalities located within
the county representing a majority of the population of the
incorporated area within the county, which interlocal agreement
shall provide a distribution formula for dividing the proceeds
from the tax among the county and all eligible municipalities
within the county. The proportions shall be recalculated every
10 years based upon the transportation expenditures of the
immediately preceding 5 years or as otherwise mandated by law.
If an interlocal agreement is not executed pursuant to F.S.
336.025, the proceeds of the tax shall be distributed among the
county and eligible municipalities based on the transportation
expenditures of each for the five fiscal years immediately
preceding the year in which extension of the tax is authorized,
as a proportion of the total of such expenditures for the
county and all municipalities within the county, pursuant to
the provisions of F.S. § 336.025.
(1) The revenues from the additional $0.05
local option gas tax shall be used for
transportation expenditures needed
meet the requirements of the capita]
improvements element of the comprehensive
plan, includinq new roads, the
reconstruction or re~urfacing of existing
paved roads, or the paving of existing
graded roads when undertaken in part to
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relieve or mitiqate existing or potential
adverse environmental impacts and other
uses as provided by and defined in F.S. §
336.025, as amended from time to time or
as permitted by law,
(f)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 an independent
provision and such holding shall not affect the validity of the
remaining portion.
(g) 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. 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 appropriates word.
(h) EFFECTIVE DATE. This Ordinance shall become effective upon
receipt of notice from the Secretary of State that this
Ordinance has been filed with the Secretary of State.
Words underlined are added; words gtr'.:ck tkrc. ugh are deleted.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida,
~'?~DW~IGHT, ,~,'i ;BROCK, CLERK
Approved as to form
~d le~ sufficiency:
[qa~ine Hubbard Robinson
~ss~tant County Attorney
this ~q~-- day of May, 2001.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Chairman
This ordinonce f;[,~.,ff, with the
.~ary of S,~ate's Off/ce the
and acknowledgement of that
H/Jackie/Ordinance/Gas Tax Levy/April 17, 2001A
Words underlined are added; words struck through are deleted.
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:
ORDINANCE NO. 2001-26
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 and C~
Ex-officio to
Count y Commi s s ione
y: ' Michaels,
Deputy Clerk