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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~