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Ordinance 85-38 ORDINANCE NO. 8~- 38 · ORDINANCE PURSUANT TO ~E~ION 336.025, ~ORIDA STA~, ' PROVIDING ~R ~E ~OSITION OF ~E FI~ ~ SZX~ C~ ~ISIO~ ~ ~R 206. ~ORIDA STA~TESI PROVIDINe :.~ DIS~IB~ION OF ~E T~ ~ PROVIDING FOR USE OF R~UESI~ "l PROVIDI~ 8~E~BILI~I ~ EFFE~IVE DATE. ~iR~S, th~iFlorida L~sisla~ur~, in special s~ssion in 1983, S~c~ion 336.02~, Florida Scapulas, providing ~or ~he 1~ of a local op=ion gas ~ax on motor fuel and speci~l fu~ll and ~ER~, S~ccion 336.02~ provides for ~he levy of up to s~ cen~s local option gas ~ax upon every gallon of motor fuel and special fuel sold Collier County, Florida, and ~ax~d under ~h~ provisions of ~ap=sr 206. Florida Scatu~ss; and ~ER~S, Collier County h~s ~dopc~d a Five-Yesr S~condary Ro~d Progr~ undertake n~ded County ar=erial road pro]ec~s; and W~ER~S, pr~para~ion of Fiscal Year 1985-1986 budg~s confi~ gas ~ax rtvenuss co con=inu~ curr~n~ ~nd planned road lmpr~n~sl ~ER~S, d~lays l~ und~r=akinS specific roa~ay l~r~snCs ~lined ~h~ Secondary Road Program will result in incrsas~d road cons~ction expandi~ures and resul= in a decrease In ~he lev~l of road ss~ice on at,ariel roadways ~ ~ER~S, It In dete~ned by the Board of ~uncy Co~tssionern of ~lller County t~at the ~evy of the 5th and 6th centa ~oca~ option 8aa tax upon Ra~on of motor f~e~ and speclaX fueX ao]d tn CoUlter County, tn ad~tton to the Four (G) Cant Loca~ ~t~on Gas Tax ~evted by Ordinance No. 8a-66, necensary to fund cona:~ctton of :ranap~rtat~on fac~tt~eo, and repair and ~tntenance o[ transportation ~ac~tt~es, a~ o[ which are neceasa~ to pro.re the public hea~th, safety~ and welfare of the ctttzena of and vtettore to ~er County, N~, ~EREFORE, BE ZT O~AXN~ BY ~E BO~ OF CO~ C~XSSZONE~ COLLIER CO~, ~OR~DA that: SECTION ~: L~,~attve ~ntent ~t has bean dete~tned by at Xeaat a f~r-~fthe (a/~) vote of the ~ard of County C~teatoneta o~ CoaSter County~ ~ortda~ that the ~e~ of the 5t~ 6th centa ~oca~ option ~aa t~ on eve~ Sa~Xon of ~tot fue~ and e~eeXaX oo, I]2t.,., 5:3 sold in Collier and taxed under the provie~ons of Chapter 206~ ~lorida Statutes, ts necessary to fund =aJor transportation facilities and improvements and to repair and =aintain existin~ transportation facilities, T~a levy of the 5th & 6th cents local option gas tax is determined to be necessary to promote the public heelth~ safety, end yellers of the citizens of and visitors to Collier County, ~lorida. This tax is in addition to the Local Option Gas Taxes levied by Ordinance No. 86-46. SECTION 2~ LeT of the Local Option Oas Tax There is hereby imposed the 5th & 6th cents local option See tax upon every gallon of motor fuel and special fuel sold in Collier County and taxed under the provisions of Chapter 206, Florida Statutues, as provided in Section 336.025, Florida Statutes. SECTION 31 Effective Date of Local Option Gas Tax The 5th & 6th cent local option gas tax shall be imposed effective September 1, 1985, to be effective for a period oI four (i) years to coincide with the remaining time left for collection of the Four (4) Cent Local Option Cae Tax imposed by Ord,nance 8G-46. Upon expire:ion, the local option gas tax may be re£mpoesd provided that a redetermination of the method of distribution shall be =aGe as provided in Section 336.025, Florida Statutes. SECTION 4: Collection and Distribution of LOcal Option Gas Tax} Use of Local Option Gas Tax Revenue The 5th & 6th cents local option gas tax shall be collected in the same manner as all other 8as taxes pursuant to Chapter 206, Florida Statutes. The distribution of the local option gsa tax shall be pursuant to interlocal agreement with one or more of the municipalities located within Collier County representing a majority of the incorporated areas population within Collier ,~..~,,~,Count¥, ~hich interlocal agreement shall provide a distribution for~ula for dividing the proceeds from the tax a~ong Collier County and all eli$1ble =unicipalities within Collier County. If an interlocal a~rssmant is not executed pursuant to Section 336.025, Florida Statutes, prior to July 1985, the proceeds of the tax shall be distributed a~ong Collier County and eligible ~unicipalities based on the transportation expenditures of each for the [our fiscal years precedin& the year in which the tax is euthoriaad, as a proportion of the total of such expenditures for Collier Gount~ and all ~unicipsl£tiss within Collier County, pursuant to the provisions of Section 336.025, ~lorida Statutes. The revenues fro~ the 5th & 6th cents local option las tax shall be used for "transportation expenditures' ae _orpvidsd in Section 336.02~, ~ECT[ON 51 ~everabillty In the event this Ordinance conflicts vith any other ordinance of Collier County or other applicable law, the ~ors restrictive shall apply. If any phrase or portion of thil Ordinance is held invalid or unconetitution~l by any c~rt of competent Jurisdiction, such portion shall bt dse~ed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION 6:' 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, aa soon after enactment as is practicable by depositing the sams 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 become effective upon becoming law. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier CountM~Y~o~rida this 6th day of Approv~ as ~o rom and ~u~t L. Collier County ~ttorn~y STATE OF FLORIDA ) COUNTY OF COLLIER ) August , 1985. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA F~tDERI~X ~. ¥OSS, C'h~ir~n This or~lnonce filed w,th the Secretar~ of SLote"~ Officg $'.~ and ock~w[edge~ent of that filin~ received this /~ ~y of - ~~ . 'e~*'~e~'~'"~;"VILLIAM J.' REACAN, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true original of: ORDINANCE NO. 85-38 which was adop:ed by the Board of County Commissioners during Regular Session on the 6th day of August, 1985. WITNESS my ha~ and the offical seal of the Board of County Commissioners of Collier Cou.~.y,i~lortda, this 7th day of August, 1985. WILLIAM J. REAGAN Clerk of Courts and Clerk Ex-Officio. ~o.~oard of Count y~,,Cb~MTi~Ioper s V'lrgi/~a ~agrl, Deputy C~4rk 021,,',' 55'"