Ordinance 2003-34 \
~ ORDINANCE 2003- __
,/ORDINANCE EXTENDING THE "NINTH CENT FUEL ~X"~.
6~THORIZED BY FLORIDA STATUTES, CHAPTER 336 ~D ::=-
aeeROVE
eROWmNO EOR NCLUS ON TnE COaE OE
O NaNCES; PROWmNO EOR CONDUCT ANa SEWRAm Y;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, a referendum election was held March 11, 1980 at which the levy of an
additional one cent ($.01) fuel tax as authorized by Florida Statutes, section 336.021, was
approved by vote of the electorate, and '
WHEREAS, a Resolution providing for the levy of said tax was approved by the Collier
County Board of County Commissioners, effective June 1, 1980; and
WHEREAS, on June 3, 1980, Collier County enacted Ordinance 80-50 providing for the
levy of the Ninth-Cent Fuel Tax with a 30 year expiration set forth in the referendum; and
WHEREAS, on March 11, 2003, the Collier County Board of County Commissioners
approved by extraordinary vote the levy of the tax through the year 2025.
NOW THEREFORE BE IT ENACTED BY THE BOARD OF COUNTY
COMMISSIONERS, that:
SECTION ONE: LEVY OF THE TAX
1. The levy and imposition of a tax of the additional "Ninth Cent Fuel Tax" upon every
gallon of motor fuel and special fuel sold in Collier County and taxed under the provisions of
Chapter 206, Florida Statutes, for the purpose of paying the cost of transportation expenditures
as described in section 336.025(7), Florida Statutes, shall hereby continue to be collected up to
and including the year 2025. Upon expiration, any extension of the additional ninth cent fuel tax
may be imposed as provided by law. The extension of the ninth cent fuel tax as provided herein
shall be considered a reimposition of such tax from the date hereof through and including
December 31, 2025. A redetermination of the method of distribution has been made as provided
in F.S. § 336.025 or as otherwise provided by law.
2. Collier County shall have the option of shortening the time of collection of the "Ninth
Cent Fuel Tax" by an amending ordinance.
SECTION TWO: EXTENSION OF THE TAX
Said extension of the tax is imposed effective January 1, 2004 up to and including the
year 2025, terminating on December 31, 2025.
SECTION THREE: 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
re-lettered to accomplish such, and the word "ordinance" may be changes to "section," "article,"
or any other appropriate word.
SECTION FOUR: 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 the 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 validity of the
remaining portion.
SECTION FIVE:
EFFECTIVE DATE
A certified copy of this Ordinance, as enacted, shall be filed by the Clerk of the Board
with the Department of State of the State of Florida, as soon after enactment as is practicable by
depositing the same with the postal authorities of the government of the United States for special
delivery by certified mail, postage prepaid, to the Florida Department of State. This Ordinance
shall take effect when a copy has been accepted by the postal authorities of the government of
the United States for special delivery by certified mail to the Florida Department of State.
PASSED AND DULY adopted this 0~t4~ day of ~, 2003.
YES Aye NO __
Commissioner Tom Henning Chairman, District 93:
NO
Commissioner Donna Fiala, Vice Chair, District #1:. YES Aye
YES Aye NO __
Commissioner Jim Coletta, District #5:
YES Aye NO __
Comm(ssioner Fred W. Coyle, District # 4
YES Aye NO __
BOARD OF COUNTY COMMISSIONERS
By: ~,O~/t~E~i~, CHA~'/~--
~I$ b~l~nee filed with the
da~ of State's Office the
and ac~owled9ement of that
dved this
filina~ce
Commissioner Frank Halas, District #2
ATTEST."'" ,. ~ 0..,
DWIGHT E: ',BR~CK, CI~F~RK
· . . j,,, . ,:: .- ;,, .;,
:.: ~. ~, .,.. Deputy:' Clerk 11~,~8~; 18 t~0 (~hl
~'~4-'~, .,:: Signature only.
"' · ',, i/,"
Approved as to form and
legal sufficiency:
3~cqudline Hubbard Robinson
Assistant County Attorney
2
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. 2003-34
Which was adopted by the Board of County Commissioners on
the 24th day of June, 2003, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 25th day
of June, 2003.
DWIGHT E. BROCK
Clerk of Courts
Ex-officio to Bga~';of..
County Commi s si~ohe'rs
By: Marie
Deputy CI'er~