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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 2 Wordsunderlinedareadded;wordsstr.dckthr~ugharedeleted. 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 3 Wordsunderlinedareadd~;wordsstrucktkr~ugharedeleted. 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