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Ordinance 89-027 ORDI/qANCE NO. 89- 2 7 ORDINANCE I~R?JAWr TO SECTION 336.025, FIDRI[3A STATLrf]~, PROVIDI~ FOR THE IMBi~ITION OF THE SIX CENTS LOCAL OPTION GAS TAX UTON EVERY GALLDN OF M2rfOR OF C}U~TER 206, FLDR/[~A STA~-UTES; PRfIqIDING THAT SAID TAX SHALL BE EFF~'~FfVE S~ 1, 1989 FOR A PERIOD OF TEN Y~ARS; P~OVID]3~G FTNDI~S AND ~JRPOSE; p~&~;IDING FOR OOLLECTION AND DISTRI~3TION OF ~5: TAX AND PRfTJIDING FOR USE OF REVENUES; PROVIDING FOR CONFLICT AND SEVERABILIq~; PROVIDING FOR R~Pk~LL OF ORDINANCES NOS. 84-46 a~d 85-38; AND EFFECTIVE []ATE. WKEREAS, the Florida Legislature, in special session in 1983, enacted Section 336.025, Florida Statutes, providing for the levy of a local option g-us tax o~ motor fuel and special fuel; ar~ ~%EAS, SECTION 336.025 provides for the le~y of up to six cents local c~tion qFas tax upon every gallon of motor fuel and special fuel sold in Collier County, Florida, and taxed under the provisions of Chapter 206, Flor'~6,~t~tes; WHEREAS, Collier County has adopted a Five-Year Secondary Road ~.bgl~ undertake needed Count%, azterial road projects; and ?o WH]~qEAS, prepa/-ation of Fiscal Year 1989-1990 budgets confirm th~o_~of g~s tax revenues to continue current and planned road impruvements; and WHEREAS, delays in undertaking specific roadway impruvements outline! in the ,%econdary Road Program due to insufficient gas tax revenues will re~,n/lt in ~ road construction expenditures and result in a decrease in the level of road service on C~unty arterial roadways; and WHEREAS, it is determLned by the Board of CotLnty Ce,missioners of Collier County that the levy of the six Cents Local Option Gas Tax upon every gallon of motor fuel and special fuel sold in Collier County is necessary to fund construction of ~rtatiou facilities, and r~pair and maintenance of transportation facilities, all of which are necessary to promote the public health, safety, and welfare of the citizer~ of and visitors to Collier County, Florida. NOW, THEREFORE, BE IT ORE~L~TED BY THE BOARD OF OSUNTY OC~MISSI~ OF SECTION 1: ¥iOd~qs and ~ It has been determined by at least a four-fifths (4/5) vote of the Board of County Oommissioners of Collier County, Florida, that the levy of the Six Cents Local Option Gas 9~x on every gallon of motor fuel and special fuel sold in Collier and taxed c-Lar the provisions of (~apter 206, Florida Statutes, is ~ 3~.to,:_f~D~ajor ~rtation facilities and impruvements and to repair ~,..' ' ,.' and maintain ew/sting transportation facilities. ~he levy of the Six Cents iucal Option Gas Tax is de~ to be necessary to promote the public health, safety, and w~lfare of the citizens of and visitors to Collier County, Florida. SECTION 2: Title and Cit~=jlgD Tnis Or~ .~21all be known and may be c~tad as the "Collier County six Osnts Imcal Option Gas Tax ~". ~ECIqON 3: ~Dvy of the Local Ootion Gas Tax There is hereby imposed the six Cents Local Oution Gas T~x upon every g~llon of motor ~uel and special fuel sold in Collier County and taxed ureter the provisions of f~apter 206, Florida Statut~-~, as provided in Section 336.025, Florida Statutas. SECTION 4: Effective D~ta of Local Option Gas Tax %he six Cents Lmcal Option Gas Tax shall be imposed effective September 1, 1989 to be effective for a period of ten (10) yearm~. Upon expirntion, the local option gas tax may be reim~ by r~solution adopted by the Board of County C~,,mtssioner~ provided that a redet~r~ir~tion of the method of distribution shall be made as provided in Section 336.025, Florida Statutes. SECTION 5: Co~ect%0n add D~stribution of Local Option Gas Tax; Use of Loca~ 0pt~on Gas Tax ~evenue ~he six Cents Local Option Gain Tax shall be collected in the m~me manner as all other ~as taxes ~t to (]~apto_r 206, Florida Statutes. %he distr.gaution of the local option gas tax shall be ~t to intarlocal agreement with ome or ~ora of the municipalities located within Collier County rep =rementir~ a ~jority of the inco ~rporat~d ar~m~ population within Collier County, which in~l~ agreement shall provide a distribution formula for diviclir~ the proceeds f~.x~n the tax among Collier C~unty ar~t all eligible municipalities within Collier County. If an interlocal agreement is not exeoatad pursuant to Section 336.025, Florida Statutes, prior to July 15, 1989, amo,~ Collier County ar~ eligible expenditures of each for the five the proceeds of the tax shall be distributed ~n%icipalities based on the ~l~cation fiscal years pr~eding the yaar in which the tax is authorized, as a proportion of the total of such expeJ~litures for (Dllier County and all ~anicipalities within Collier County, pursuant to the provisions of Section 336.025, Florida Statutes. %he revenues f~.cm: the SIX C~nt_~ Local Option Gas Tax shall be ~d for "~rtation exp~m%ttures" as provided in Section 336.025, Florida Sta ~tutes. SECTION 6: Conflict and Sever~bilit~ In the event this Ordinance oonflicts with any other ordinance of COllier County or other applicable law, the more restrictive shall apply. If any ~%rase ,oo 035. . 229 or ccmpetent Jurisdiction, sud~ portion shall be deemed a separmte, distinct independent provision and such hold/rig shall not affect the validity of re~aining portion. portion of this Ord~ is held invalid or unconstitutional by any court of and the This ~ r~peals and supersedes Ordinance No. 84-46 adopted .17, 1984 and Ordinance No. 85-38 adopted on August 6, 1985. of State County, Florida this__ on JUly shall becxmne effective upon receipt of notice fr~n the that this Ordinance has been filed with the Secretary of ADOPTED by the Board of Omlnty C~,~issioners of Collier 9thday of Hay , 1989. BOARD OF ~ C~IMMISSI~ ODT.L1-FR CEtrNTY, FLOR1T~ ~URT L. SAUNDERS, CHAII~AN This ordinance filed wlth the Secretory of State's Office the and acknowledgement of t'hot filing received thJs~L~ day 230 STATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. GILES, 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. 89-27 which was adopted by the Board of County Commissioners on the 9th day of May, 1989, during Re~.~lar Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 9th day of May, 1989. JAMES C. GILES Clerk of Courts and Clerk Ex-officio to Board of County C_Qmmiss loners ~\", By: /s/Virginia Magri z Depu~ Clerk .~