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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 1 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 2 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 4 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 · ' ~' ' "~ "'~' 'i ,' "-. · -: :.= f:" !'t . "',=~. :..:. i ,: ....... ~, .-- ,-- · '.-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 >,~ ',... , ~. ;.' '.,,