Ordinance 89-027 ORDI/qANCE NO. 89- 2 7
ORDINANCE I~R?JAWr TO SECTION 336.025, FIDRI[3A STATLrf]~, PROVIDI~ FOR THE
IMBi~ITION OF THE SIX CENTS LOCAL OPTION GAS TAX UTON EVERY GALLDN OF M2rfOR
OF C}U~TER 206, FLDR/[~A STA~-UTES; PRfIqIDING THAT SAID TAX SHALL BE EFF~'~FfVE
S~ 1, 1989 FOR A PERIOD OF TEN Y~ARS; P~OVID]3~G FTNDI~S AND ~JRPOSE;
p~&~;IDING FOR OOLLECTION AND DISTRI~3TION OF ~5: TAX AND PRfTJIDING FOR USE
OF REVENUES; PROVIDING FOR CONFLICT AND SEVERABILIq~; PROVIDING FOR R~Pk~LL
OF ORDINANCES NOS. 84-46 a~d 85-38; AND EFFECTIVE []ATE.
WKEREAS, the Florida Legislature, in special session in 1983, enacted
Section 336.025, Florida Statutes, providing for the levy of a local option g-us
tax o~ motor fuel and special fuel; ar~
~%EAS, SECTION 336.025 provides for the le~y of up to six cents local
c~tion qFas tax upon every gallon of motor fuel and special fuel sold in Collier
County, Florida, and taxed under the provisions of Chapter 206, Flor'~6,~t~tes;
WHEREAS, Collier County has adopted a Five-Year Secondary Road ~.bgl~
undertake needed Count%, azterial road projects; and ?o
WH]~qEAS, prepa/-ation of Fiscal Year 1989-1990 budgets confirm th~o_~of
g~s tax revenues to continue current and planned road impruvements; and
WHEREAS, delays in undertaking specific roadway impruvements outline! in the
,%econdary Road Program due to insufficient gas tax revenues will re~,n/lt in
~ road construction expenditures and result in a decrease in the level of
road service on C~unty arterial roadways; and
WHEREAS, it is determLned by the Board of CotLnty Ce,missioners of Collier
County that the levy of the six Cents Local Option Gas Tax upon every gallon of
motor fuel and special fuel sold in Collier County is necessary to fund
construction of ~rtatiou facilities, and r~pair and maintenance of
transportation facilities, all of which are necessary to promote the public
health, safety, and welfare of the citizer~ of and visitors to Collier County,
Florida.
NOW, THEREFORE, BE IT ORE~L~TED BY THE BOARD OF OSUNTY OC~MISSI~ OF
SECTION 1: ¥iOd~qs and ~
It has been determined by at least a four-fifths (4/5) vote of the Board of
County Oommissioners of Collier County, Florida, that the levy of the Six Cents
Local Option Gas 9~x on every gallon of motor fuel and special fuel sold in
Collier and taxed c-Lar the provisions of (~apter 206, Florida Statutes, is
~ 3~.to,:_f~D~ajor ~rtation facilities and impruvements and to repair
~,..' ' ,.'
and maintain ew/sting transportation facilities. ~he levy of the Six Cents iucal
Option Gas Tax is de~ to be necessary to promote the public health,
safety, and w~lfare of the citizens of and visitors to Collier County, Florida.
SECTION 2: Title and Cit~=jlgD
Tnis Or~ .~21all be known and may be c~tad as the "Collier County six
Osnts Imcal Option Gas Tax ~".
~ECIqON 3: ~Dvy of the Local Ootion Gas Tax
There is hereby imposed the six Cents Local Oution Gas T~x upon every g~llon
of motor ~uel and special fuel sold in Collier County and taxed ureter the
provisions of f~apter 206, Florida Statut~-~, as provided in Section 336.025,
Florida Statutas.
SECTION 4: Effective D~ta of Local Option Gas Tax
%he six Cents Lmcal Option Gas Tax shall be imposed effective September 1,
1989 to be effective for a period of ten (10) yearm~. Upon expirntion, the local
option gas tax may be reim~ by r~solution adopted by the Board of County
C~,,mtssioner~ provided that a redet~r~ir~tion of the method of distribution shall
be made as provided in Section 336.025, Florida Statutes.
SECTION 5: Co~ect%0n add D~stribution of Local Option Gas Tax; Use of Loca~
0pt~on Gas Tax ~evenue
~he six Cents Local Option Gain Tax shall be collected in the m~me manner as
all other ~as taxes ~t to (]~apto_r 206, Florida Statutes. %he distr.gaution
of the local option gas tax shall be ~t to intarlocal agreement with ome or
~ora of the municipalities located within Collier County rep =rementir~ a ~jority
of the inco ~rporat~d ar~m~ population within Collier County, which in~l~
agreement shall provide a distribution formula for diviclir~ the proceeds f~.x~n the
tax among Collier C~unty ar~t all eligible municipalities within Collier County.
If an interlocal agreement is not exeoatad pursuant to Section 336.025, Florida
Statutes, prior to July 15, 1989,
amo,~ Collier County ar~ eligible
expenditures of each for the five
the proceeds of the tax shall be distributed
~n%icipalities based on the ~l~cation
fiscal years pr~eding the yaar in which the
tax is authorized, as a proportion of the total of such expeJ~litures for (Dllier
County and all ~anicipalities within Collier County, pursuant to the provisions
of Section 336.025, Florida Statutes.
%he revenues f~.cm: the SIX C~nt_~ Local Option Gas Tax shall be ~d for
"~rtation exp~m%ttures" as provided in Section 336.025, Florida Sta ~tutes.
SECTION 6: Conflict and Sever~bilit~
In the event this Ordinance oonflicts with any other ordinance of COllier
County or other applicable law, the more restrictive shall apply. If any ~%rase
,oo 035. . 229
or
ccmpetent Jurisdiction, sud~ portion shall be deemed a separmte, distinct
independent provision and such hold/rig shall not affect the validity of
re~aining portion.
portion of this Ord~ is held invalid or unconstitutional by any court of
and
the
This ~ r~peals and supersedes Ordinance No. 84-46 adopted
.17, 1984 and Ordinance No. 85-38 adopted on August 6, 1985.
of State
County, Florida this__
on JUly
shall becxmne effective upon receipt of notice fr~n the
that this Ordinance has been filed with the Secretary of
ADOPTED by the Board of Omlnty C~,~issioners of Collier
9thday of Hay , 1989.
BOARD OF ~ C~IMMISSI~
ODT.L1-FR CEtrNTY, FLOR1T~
~URT L. SAUNDERS, CHAII~AN
This ordinance filed wlth the
Secretory of State's Office the
and acknowledgement of t'hot
filing received thJs~L~ day
230
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, 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. 89-27
which was adopted by the Board of County Commissioners on the
9th day of May, 1989, during Re~.~lar Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 9th
day of May, 1989.
JAMES C. GILES
Clerk of Courts and Clerk
Ex-officio to Board of
County C_Qmmiss loners ~\",
By: /s/Virginia Magri z
Depu~ Clerk .~