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Ordinance 96-34e~ef~ ~" AN ORDINANCE OF COLLIER COUNTY, FLORIDA, ~' of Board ~ ' .' ' RELATZNG TO A ONE-HALF OF ONE PERCENT LOCAL '\~z~.:~ GOVERNMENT INFRASTRUCTURE DISCRETIONARY SALES .. ::._.... SURTAX TO FUND THE ACQUISITION OF LAND AS GREEN SPACE; PROVIDING FINDINGS; PROVIDING FOR DEFINITIONS; PROVIDING FOR THE LEVY OF A ONE-HALF OF ONE PERCENT LOCAL GOVERNMENT DISCRETIONARY SALES SURTAX FOR A PERIOD OF FOUR (4) 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 (TERMINATION) OF THIS ORDINANCE AFTER THE FOUR (4) YEAR PERIOD~ PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON NOVEMBER 5, ~996; PROVIDING FOR CONSTRUCTION AND INTENT; PROVIDINC FOR NOTIFICATIONS TO BE MADE BY THE CLERK~ PROVIDING FOR THE PERIOD OF TAX COLLECTION; PROVIDING FOR THE CREATION OF THE LAND ACQUISITION ADVISORY 8OARD; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 14, 1996 the Board of County Commissioners heard a presentation by a committee organized by State Representative Burr L. Saunders for obtaining funding to acquire land primarily in and around the urban areas of Collier County to preserve as green space; and WHEREAS, the land to be acquired would be for the purposes as set forth in Section 212.055{2), Florida Statutes, to preserve the biodiversity, air and water quality, groundwater recharge, flood control, aesthetics, providing passive recreation areas and density reduction; and WHEREAS, the purpose of preserving the green space is to maintain and enhance the quality of life in Collier County; 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 acquiring lands for green space. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1 j~ 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 levy of a discretionary sales surtax of one-half of one percent, subject to referendum approval, to finance, plan and construct infrastructure and'to acquire land for public recreation or conservation or protection of natural resources. The infrastructure shall mean any fixed capital expenditure or fixed capital outlay associated with the construction, reconstruction, or improvement of public facilities 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 land acquisition as set forth in Section 212.055(2), Florida Statutes, for biodiversity, passive recreation, preservation of air and water quality, groundwater recharge, flood control, aesthetics and density reduction. SECTION TWO[ DEFINITIONS. The following words or phrases as used in this Ordinance shall have the following meanings unless provided otherwise in this Ordinance: "Collier County Urban Areas" or "urban areas of Collier County" shall mean the Urban Residential Areas as shown on the Future Land Use Map in the Collier County Comprehensive Plan and the Urban Residential Areas as shown on the Future Land Use }tap of the Golden Gate Master Plan. SECTION THREEI 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 four (4) 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 FOUR| 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 by the municipalities to acquire lands for the purposes set forth in Section Five of 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. ~ECTION FIVE~ 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 acquiring lands primarily in and around the urban areas of Collier County from willing sellers for the purposes as set forth in Section 212.055(2), Florida Statutes, to preserve the biodiversity, air and water quality, groundwater recharge, flood 3 control, aesthetics, providing passive recreation areas and density reduction. J_F~T~Ta]I_J/X~ SUNSET (TERMINATION) OF ORDINANCE. This Ordinance and any ordinance amending this Ordinance shall expire, terminate and no longer exist after January 31, 2001. SECTION SEVENz 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 lev~ of a one-half of one percent Local Government Infrastructure Sales Surtax shall be approved for the purposes contained in t~is Ordinance. SECTION EIGHTz 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 purposes as set forth in Section 212.055(2), Florida Statutes, of funding the acquisition of lands primarily in and around the urban areas of Collier County to preserve the biodiversity, air and water quality, groundwater recharge, flood control, aesthetics, prrvide passive recreation areas and density reduction. sEcTIoN NINEz 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 4 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. ~ PERIOD OF TAX COLLECTION. The collection of the Local Government Infrastructure Discretional7 Sales Surtax shall be for a period of four (4) years commencing on February 1, 1997 and ending on January 31, 2001. SECTION ELEVENx CREATION OF THE LAND ACQUISITION ADVISORY BOARD. The Board of County Commissioners shall adopt an Ordinance creating the Land Acquisition Advisory Board to provide recommendations to the Board of County Commissioners on the rankings of sites to be acquired, specific site assessments, and to prepare a budget for the capital expenditures of the funds collected by the one-half of one percent surtax. 2BCTIONTWELVEz 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, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THIRTEENz 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 FOURTEEN| EFFECTIVE DATE. This Ordinance shall become effective upon filing this Ordinance with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this J-f'day of Q~j .., 1996. ~jTEST: . "', BOXRD O~ COrmT~ COM}!ISSIONERS ,'DWIGHT E,.'B~CK, CLERK COLLIER COUNTY, FLORIDA j i .:; ' °'. ' L "' ~ .. 'Approvsd:as':'.t~ form and legal SufI'.i'elency: County Attorney This ordlncr~ filed with Secreta~/of Stc~te's Office end acknowledgemen, of t~at 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. 96-34 Which was adopted by the Board of County Commissioners 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 ,'" " '. Clerk of Courts and' c~'erk" "'- Ex-officio to Board.. of . -.... County Commissioners.-' : Deputy Clerk '.. ' "' -' ,