Ordinance 96-31 ORDINANCE NO. ~- 31
70~'~ AN EHERGENCY ORDINANCE OF COLLIER COUNTY,
~ FLORIDA, RELATING TO A ONE-HALF OF ONE PERCENT
~ ~~~% LOCAL GOVERNMENT INFRASTRUCTURE DISCRETIONARY
SALES SURTAX TO FUND THE CAPITAL IMPROVEMENTS
OF CONSTRUCTING AN ZXPANSION TO THZ COLLIZR
RECEIVED ~j COUNTY JAIL AND CONSTRUCTING A WORK RELEASE rl.
~-~/~'P' PERCENT LOCAL GOVERNMENT DISCRETIONARY SALES .
SURTAX FOR A PERIOD OF TIIREE (3) YEARS,
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 OF
ONE PERCENT LOCAL GOVERNMENT INFRASTRUCTURE
DISCRETIONARY SALES SURTAX; PROVIDING A
GENERAL DESCRIPTION OF INFRASTRUCTURE TO BE
FUNDED; PROVIDING FOR THE SUNSET (TERNINATION)
OF THIS ORDINANCE AFTER THE THREE (3) YEAR
PERIOD; PROVIDING FOR A REFERENDUM ELECTION TO
BE HELD ON NOVEMBER 5, 1996; PROVIDING FOR
CONSTRUCTION AND INTENT; PROVIDING FOR
NOTIFICATIONS TO BE MADE BY THE CLERK~
PROVIDING FOR THE PERIOD OF TAX COLLECTION;
PROVIDING FOR CONFLICT AND SEVERABILITY;
DECLARING AN EMERGENCY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on June 18, 1996 the Board of County Commissioners
heard a presentation by the Collier County Sheriff's Department
and a Collier County Circuit Judge for obtaining funding to
construct an expansion to the Collier County Jail and to construct
a Work Release & Restitution Center; and
WHEREAS, the Board of County Commissioners has determined
that a one-half of one percent discretionary sales surtax may be
the appropriate funding source for these capital improvements.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMHISSIONERS OF COLLIER COUNTY, FLORIDA, that:
~ FINDINGS.
The Board of County Commissioners of Collier County hereby
makes the following findings:
(a) Section 212.055(2), Florida Statutes, which provides for
the Local Government Infrastructure Discretionary Sales
Surtax, authorizes the lev~ of a discretionary sales
surtax of one-half of one percent, subject to referendum
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approval, to finance, plan and construct infrastructure.
The infrastructure shall mean any fixed capital
expenditure or fixed capital outlay associated with the
construction, reconstruction, or improvement of public
facilit~es which have a life expectancy of five or more
years and any land acquisition, land improvement,
design, and engineering costs related thereto.
(b) The levy of this additional one-half of one percent
local government infrastructure discretionary sales
surtax is selected by a majority of the Board as an
appropriate way to fund the capital improvements of
constructing an expansion to the Collier County Jail and
constructing a Work Release & Restitution Center.
SECTION NOt LEVY OF LOCAL GOVERNMENT INFRASTRUCTURE
DISCRETIONARY SALES SURTAX.
A one-half of one percent (.5%) local government
infrastructure discretionary sales surtax shall be levied
throughout Collier County, Florida, for a period of three (3)
years, beginning February 1, 1997, pursuant to the provisions of
Section 212,055(2), Florida Statutes, subject to approval by a
majority of electors of Collier County voting in a referendum
election on the surtax.
SECTION THREEx DISTRIBUTION OF LOCAL GOVERNMENT INFRASTRUCTURE
DISCRETIONARY SALES SURTAX.
The proceeds of the Local Government Infrastructure
Discretionary Sales Surtax shall be distributed according to one
of the following methods:
(1) An interlocal agreement between the Board of County
Commissioners, the governing bodies of the municipalities
representing a majority of the County's municipal population.
Said interlocal agreement shall provide a formula for the
distribution of the proceeds of the Local Government
Infrastructure Discretionary Sales Surtax for the municipalities
to receive that will be used only for the capital improvements of
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constructing an expansion to the Collier County Jail and
constructing a Work Release & Restitution Center as described in
this Ordinance.
(2) If there is no interlocal agreement, distribution of the
proceeds of the Local Government Infrastructure Discretionary
Sales Surtax shall be according to the formula provided in Section
218.62, Florida Statutes.
SECTION FOURs GENERAL DESCRIPTION OF INFRASTRUCTURE TO BE FUNDED.
The infrastructure to be funded by the one-half of one
percent local government infrastructure discretionary sales surtax
is comprised of constructing an expansion to the Collier County
Jail and constructing a Work Release & Restitution Center.
SECTION PIVE| SUNSET (TERMINATION) OF ORDINANCE.
This Ordinance and any ordinance amending this Ordinance
shall expire, terminate and no longer exist after January 31,
2000.
~CTION SIX~ REFERENDUM ELECTION CALLED.
A referendum election shall be called by the Board of County
Commissioners by separate Resolution for November 5, 1996 for the
purpose of submitting to the qualified electors of Collier County
the question of whether the levy of a one-half of one percent
Local Government Infrastructure Sales Surtax shall be approved for
the purposes contained in this Ordinance.
2ECTION SEVEN~ CONSTRUCTION AND INTENT.
(1) The provisions of this Ordinance shall be construed in
pari materia with Section 212.055(2}, Florida Statutes.
(2) It is further the intent of this Ordinance that the
terms and provisions of this Ordinance and Section 212.055(2),
Florida Statutes, shall be construed liberally to achieve the
public purpose of providing funding for the capital improvements
of constructing an expansion to the Collier County Jail and
constructing a Work Release & Restitution Center.
SECTION EIGHTI NOTIFICATIONS BY CLERK.
(1) The Clerk to the Board of County Commissioners shall
immediately notify the Supervisor of Elections of the adoption of
this Ordinance and the Resolution calling the referendum election
to be held on November 5, 1996 and shall transmit a certified copy
of this Ordinance and the Resolution to the Supervisor of
Elections.
(2) The Clerk to the Board of County Commissioners shall
notify the State of Florida Department of Revenue within 10 days
after the adoption of this Ordinance. The notice shall include
the proposed date of February 1, 1997 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.
(3) The Clerk to the Board of County Commissioners shall
immediately notify the State of Florida Department of Revenue of
the results of the referendum election provided for herein.
SECTION NINEz PERIOD OF TAX COLLECTION.
The collection of the Local Government Infrastructure
Discretionary Sales Surtax shall be for a period of three (3)
years commencing on February 1, 1997 and ending on January 31,
2000.
SECTION TEN~ DECLARATION OF EMERGENCY.
The Board of County Commissioners does hereby declare that an
emergency exists and that immediate enactment of this Ordinance is
necessary, and by no less than four-fifth (4/Sths) vote of the
membership of the Board does hereby waive notice of intent to
consider this Ordinance.
SECTION EL~VENz 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
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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 TWELVEI 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 5, 1996.
The sections of this Ordinance may be tenumbered or relettered to
accomplish such, and the work "ordinance" may be changed to
"section", "article", or any other appropriate word.
SECTION THIRTEEN: 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 Department of State.
This Ordinance shall become effective as provided in Section
125.66 (3), Florida Statutes.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this -~J'day of ~ ,
1996.
.,. ST.~'.
· .. ,; BOARD OF COUNTY COMMISSIONERS
,.:/] D~IGHT' 'E'.'.' .BItOeK, CLERK COLLIER COUNTY, FLORIDA
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'.-A~Oved'~s"~6 form and
Thi~ ordinor~s filed with the
Secretary of Stote's Office the
filing received
of
County Attorney By
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. 96-31
Which was adoptedby the Board of County Commissioners via Emergency
Procedures on the 25th day of June, 1996, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 26th day of June, 1996.
DWIGHT E. BROCK :.,"'. J ~ ',' ,..
Clerk of Courts and" Cl~rk" ... ·
Ex-officio to
County Commissioner3:" .~.,'.
Deputy c erk
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