Ordinance 95-43 DISCRETIONARY SALES SURTAX TO FUND A SECOND GORDON
RIVER BRIDGE; PROVIDING FINDINGS; PROVIDING FOR
THE LEVY OF A ONE PERCENT LOCAL GOVERNNENT
DISCRETIONARY SALES SURTAX FOR A PERIOD OF NINE
HONTHS, SUBJECT TO REFERENDUM APPROVAL, PURSUANT
TO THE PROVISIONS OF SECTION 212.055(2), FLORIDA
STATUTES, WHICH AUTHORI~-ES A LOCAL GOVERNMENT
INFRASTRUCTIIRE DISCRETIONARY SALES SURTAX~
PROVIDING FOR DISTRIBUTION OF THE ONE PERCENT
LOCAL GOVERNMENT INFRASTRUCTURE DISCRETIONARY
SALES SURTAX; PROVIDING A GENERAL DESCRIPTION OF
INFRASTRUCTURE TO BE FUNDED; PROVIDING FOR E
ELECTION TO BE HELD ON BEFTEMBER 26, 19957 v'
OV ~I
PROVIDING FOR CON~'RUCTXON AND INTENT~ PR I NG
FOR NOTIFICATIONS TO BE MADE BY THE CLERK7 o
PROVIDING FOR THE P~RIOD OF TAX COLLECTION; ~
PROVIDING FOR CONFLICT AND SEVERABXLXTY$ PROVIDING
FOR XNCLUBXON IN THE CODE OF LAWS AND ORDINAN~S;
AND PROVIDING AN EFFeCTIVE DATE.
WHEREAS, the Collier County Metropolitan Planning
Organization formally met on Novsadder lS, 1994 and endorsed the
construction of a second Gordon River bridge to be funded by the
imposition of a lecal government infrastructure discretionary
sales surtax to be approved by the qualified electors of Collier
County; and
WHEREAS, on January 10, 1995 the Board of County
Commissioners took actions necessary to provide for a mail ballot
referendum election to be held in the fall of 1995 to determine if
the qualified voting electors of Collier County shall approve the
imposition of a one percent sales surtax for a finite period of
time t0 fund the construction of a second Gordon River bridge; and
WHEREAS, the Naples City Council and the Collier County Board
of County Commissioners, sitting in a public Joint workshop on
April 6, 1995, did each, respectively, endorse the use of the
local government infrastructure discretionary sales surtax as an
appropriate funding source for the placement and construction of a
second Gordon River bridge and related improvements, (also
referenced as "second Gordon River bridges and/or the "Projects);
and
~H~R~AS, the BoaFd Of County Comnissionera, in accordance
~i~h the provisions o~ this Ordinance and ResolutLon ~o. ~5-379~
is cal~in~ a referendum electLea Co be held by ma~l ballot on
September 26, 1995 relatLng Co a one percent local ~overnment
infrastructure discretionary sales surtax; and
~"HEREAS, the purpose of the referendum election is to
determine if the gualifie~ voting electors of Collier County
approve the levy of a one percent local government infrastructure
discretionary sales surtax for a period of nine (9) months,
commencing on January 1, 1996 add ending on September 30, 1996~
nnd
W}IEREAS, the revenues from the additional one percent
local government infrss=rua~ure
fund the proJec~ Costs fOr ~he
River bridge includirl~ deS~qtJ arKJ engineering costs l~curred after
the adoption of thee Ordinance but prior to the effec~c~ve date of
the sales surtax~ and
~qEREAS, the Board fl~s it ai~ropriate to authorize, with
voter approval, a le~ of the additional one percent sales surtax
for a period of n~ne (9) I~ntha, c~encing on January 1, 1996 and
ending on September
construction of the second Gor~on R~ver bridge.
NOW, ~EREFORE, BE IT ORDAINED BY ~E BO~a~D OF COUNTY
CO~4ISSION~RS OF COLliER
SECTION ONE= FINDINGS.
The Board of County C~lssioners of Collier County hereb~
makes the following
(a) Sectfen 212.05J(2), Florida Statutes, which provides for
=he ~ocsl ~vezTrJe~t Infrastructure Discretionary Sales
Surtax, authorizes the levy of a dfscreCfonary sales
surtax of one percent, subJec~ to referendum aleroyal,
~o finance, plan, and construc~ infrastructure defined
as any fixed capital expenditure or fixed capital costs
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__,,,, eases
associated with the construction, reconstruction, or
improvement oE public facilities which have a life
expectancy of five or more years and any land
acquisition, land improvement, desiqn, and enqxneerinq
costs related thereto,
(b) The levy of this additional one percent local government
infrastructure discretiona~y sales surtax was selected
by a majority of the Board as an appropriate way to fund
an infrastructure project such as the construction of a
second Cordon River bridge to provide an acceptable
level of transportation service to preserve the quality
o~ life.
(c) The City Council of Naples and the Board o~ County
Commissioners have reviewed and considered
various locations for a second Cordon River bridge based
upon an analysis of five possible corridors as
documented in the PTeliminarv Enaineerina Reoort, June,
1995, prepared by CH2M Hill.
(d) The Naples (Collier County) Metropolitan Planning
Organization completed The New Gordon River Crossins
study dated April 10, 1992, which confirmed the need for
another crossing of the Gordon River.
(e) The need for an additional crossing of the Gordon River
is documented in the NPO's long range plan. A second
Cordon River bridge improvement project is consistent
with the Naples MPO's adopted 2010 FinancialIv Feasible
Plan, dated January, 1993.
(r) The project cost for a second Gordon River bridge
improvement project includes all design, engineering,
land acquisition, permitting, construction and related
fees and costs including the desiqn and engineering
costs incurred a~ter the adoption or this Ordinance
(June 20, 1995) but prior to January 1, 1996.
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2E~rlON T~O: LEV~ OF LOCAL GOVERNI~EIIT INFRASTRUCTURE
A o~e percent (lt) l~al ~ernmen~ in~rast~cture
discretio~a~ sales su~aX shall ~ levied throuqhout Collier
ccunt~, Florida, ~or a peri~ o~ nine (9) months, beqi~nin~
~a~uar~ 1, 199~ and endin~ on Septemir ~0, 1996, pursuant
provisions o~ Section 212,055(2), Florida Statutes, subject to
approval b~ a ~ori~ o~ ele~ors o~ Collier count~ votin~ in a
referendum election ~ sail ~11o~ on the surtax.
~e proceeds Of ~he ~al C~e~en~ Zn~rae~cture
O~scretiona~ Sales Su~X shall ~ dls~rl~ed accordinq ~o one
o~ the ~oll~in~
(1) An inksrival a~e~en~ ~Ween the Board of County
Co~issioners, ~he ~e~i~ies of ~e ~nicipalities
representin~ a majority of ~t C~n~y'l ~nicipal po~lation.
Said interlocal a~eRen~ shall pr~ide that all pr~eeds o~ the
~cal Covernmen~ InZrast~ure Dis~e~iona~ Sales Su~ax
distributed to the C~n~y and ~e~nicipali~ies shall be used
solel~ to ~und the pro~t~ ~s for ~s const~ion o~ a second
Cordon River bridqe a~ ~e a~e~e~t shall Zurther provide tha~
said proceeds shall not ~ u~ ~o su~lant or replace user reel
or to reduce ad valores taxes exil~nq prior to the
surtax.
(2} I~ there is no inksrival a~e~ent, distri~tion
proceeds o~ the ~cal C~e~en~ InZrast~cture Discretiona~
Sales Surtax shall ~ sccordi~ to the fomla provided in Section
218.62, Florida
(3] All o~ the pr~e~s of the l~al qovernment
in~rastructure discretio~ sales surtax received
allocated to Collier C~nty, City oZ Naples and Everglades
and an~ interest ac~ thereto, shall ~ ex~nded to ~und the
pro~ect costs for the const~ction of a socond Gordon River brid~e
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which Is a fixed capital expenditure pursuant ~o the provisions of
Section 212.055(2), Florida Statutes.
SECTION FOUR: GENERAl, DZSCRXIxI*XON O, INI~RASTRUCTURB TO DE FUNDED.
The infrastructure tO be funded by the one percent local
government infrastructure discretionary sales surtax is comprised
of a second Gordon River bridge and roadway improvements related
thereto between Airport-Pulling Road and Goodlette-Frank Road,
including drainage improvements, aesthetics, intersection
improvements on Airport-Pulling Road and intersection improvements
on Goodlette-Frank Read, aM other related design, permitting,
environmental mitigation, land acquisition, engineering and
operational elements developed and employed as part of the bridge
project described hereabove.
BECTZON FIVE:
30, 1996.
This Ordinance and any ordinance amending this Ordinance shall
expire, terminate and no longer exist after September 30, 1996.
lJ.~J~_KL~: REX'EREXDUM ZZ, ECrZON CALLED.
A referendum election by mail ballot for September 26, 1995 shell
be called by the Board of County Commissioners by separate Resolution
rot the purpose or submittin~ to the crueliliad electors of Collie:
County the question of vhet~er the levy of a one percent L~cal
Government Infrastructure Soles Suz~ax shall be approved.
~:' CONSTRUCTION MID ZN~ZX~.
(1) The provisions of this Ordinance shall be construed in
uari ms:aria 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 funding the project costs for the construction
oC a second Cordon River bridge.
~_J:CTION EIGHT: NOTZFZCATZONB BY CLERK.
(1) The Clerk to the Board of County Commissioners shall
immediately notify the Supervisor
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th~s Ordinance and the Resolution calling the referendum ~lection
by mail ballot to be held on September 26, t995 and ~hall transmit
a certified copy of thil Ordinance and the Reso~ution to the
Supervisor of Elections.
(2) The Cler~ 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 January 1, 1996 on which collection of the
surtax will commence, the time period durin9 which the surtax will
be effective, the rate, · copy of this Ordinance, and such other
information as the Deportment of Revenue say prescribe by rule.
(3) The Cler~ to the Bcerd of County Commissioners shall
Immediately notify the Beets of Florida Department of Revenue of
the results of the referendum election provided for heroin.
K~I.~ILJ~J~z PERIOD OF fAX COZ~ZC~O~.
The collection of the Local Government Infrastructure
Discretionary Sales Surtax shall be for · period of nine (9)
months conuuencin9 on January Z, 1996 and endinq on September 30,
1996.
SECTION TEI/t CON/Z, ZCf AIID
In the event this Ordinance conflicts with any other
ordinance of Collier County or other applicable law, the more
restrictive shalI appiy. If any phrase or partion of this
Ordinance is held invalid or unconstitutional by any court of
competent 3urisdiction~ such portion shall be des~ed a separate,
distinct, and independent provision and such holdin9 shall not
affect the validity of the remaininq portion.
~~ENI XNCr~USZO!I Xlfl[I CODB O1 ~AWB AND ORDZIOLIICZB.
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
vocin9 in a referendum election to be held by mail ballot on
September 26, 1995. The sections of the Ordinance may be
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tenumbered or relettered to accorapLJ. urt such, and the word
"ordinance" may be chanqed to "lectJon", "article", or any other
appropriate vord.
This Ordinance shall become effective upon Eiling with the
Department of State.
PASSED AIiD DULY ADOI~EZD by the Board of County Commissioners
of ColLter. Countly, FZorJda, thJl 20th day of June. 1995.
OWIGHT E;, BROFK, C~!13( COLLXB COUNTY, FLORIDA ·
i /,'
David C. Weiger~ ~tor/I
Assistant County A ey
~ om~x~ce filed wt'~ ~
Sec~fory of $ e's Office !h2......
t'iii* r e~-.,fc: t,,;'. ./..T_. ~
STATE OF FLORZDA ]
COUHTY 0r COLr, ZER )
Z, D~ZGHT E. BROCK, Clerk of Courts In and for the
Twentieth Judicial Circuit, Colller County, Florida, do
hereby certify that the foregoing tea true copy of:
Ordinance No, 95-43
which was adopted by the Board of ~ounty Comstsetoners on
the 20th day of June, 1995, during Re;u/mr Session.
HITHESS my hand and the offlots1 seal of the Board
County Commissioners of Coillet County, Flortda, thls 22nd
day of June, 1995.
DMZGRT E. BROCK
Clerk of Courts and Clerk
tx-offlclo to Board o~
County Comm~seJoners
Syt/s/Ellis Roffean Deputy Clerk