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Ordinance 84-45 O~D~NANCE PURSUANT TO SECTION 336.025, FLORIDA STATUTES, PROVIDING FOR THE L~OSITION OF THE FOUR CENT LOCAL OFTION CAS TAX UPON EVERY CALLON OF HOTOR FUEL AND SPECIAL FUEL SOLD IN COLLIER COUNTY A~D TAXED UNDER T~E PROVISIONS OF CIIAPTER 205, FLORIDA STATUTESJ PROVIDING THAT SAID TAX SHALL BE EFFECTIVE SEPTEMBER 1, 198&, FOR A PEItIOD NOT TO EXCEED FIVE TEA~S~ FROVIDINO FOR COLLECTION AND DIS- IqtIBUTION OF THE TAX AND PROVIDING FOR USE OF REVENUES~ REFEALI~O O~DINANCR 83-26~ PROVIDING SEVERABILITY~ PROVIDING FOR ~R- CENCT ~NACTHENT AND EFFECTIVE DATE. ~I{EREAS, the Florida Le$iale. cura, in special session in 1983. enacted Section 335.025. Florida Statutes, providing for the levy e~ a local option Baa tax on motor fuel end special fuel~ and I~EItEAS, Section 336.025 provides for the levy of up to four cents local option sea tax upon every ~allon of motor fuel end apacial fuel sold in ~9~l~er County, Florida, and taxed under the provisions of Chapter 205, Florida Statutea~ and ~EREAS, Collier County has adopted a Five-Year Secondary Road Frosram to undertake needed County arterial road projects; and ~EREAS, preparation of Fiscal Year 1984-198~ budsata confir~ insufficient sas tax revenues to continua current and planne~road improvamenta~ and . {4'}{EREAS, contractual road cons~ruction oblisationa per County Reaol~ion N~ [---~ 83-31 to undertake end to complete specific roadway improvementa~ich requires Sas tax revenues in amounts steerer than sas tax revenues currently available~ and I~EREAS, delays in undertakin$ specific roadway improvements outlined in the Secondary Road ~ro~ram will result in increased road construction expenditures end result in a decrease in the level of road eervica on County arterial roadwayal and WIIEREA$, It ie determined by the Board of County Commissioners of Collier County that the levy of th~ four cent local option sas tax upon every ~alZon of ~otor fuel and special fuel sold in Collier County il necessary to fund conatructiou of transportation facilttiee, end repair and maintenance of transportation facilitiee, all of which are aeceaaary to pronote the public health, safety, and welfare of the citieens of and visitors to Collier County, Florida. ~01~, TR~REFOR2, B~ IT ORDAINED B~ TH~ BOA3D O~ C~ C~ISSION~ O~ COLLI~ C~, ~RIDA I~ has been ds~s~insd b~ a~ leas~ a four-fif~hl (I/~) vo~e of Board o~ County C~issionsrs of Collier County, Florida ~ha~ of the four csn~ locll option las ~ax on every ~allon oF motor fuel and sp~cill fu~l sold in Collier end ~axed under ~he provisions of Chapter 206, Florida 5~a~u~es, is necessary ~o fund major ~ranspor~a~ion factli~i~s Ind improvemen~s and ~o repair and maintain ~xis~in ~ranspor~a~ion facilities. ~ le~ of ~he four can~ local op~lo~ ~ax is de~e~ined ~o be necessary ~o promote ~he public heal,h, safa~y, and welfare of ~he ci~i=ens of s~g visl~or. ~o Collier County, Florida. SE~IO~ 2= FeyI of ~he Local ~ion Cas Tax ~ere la hereby imposed a four cant local option 8as tax upon eve~ ~allon of motor fuel and special fuel sold in Collier County and taxed under the provisio~s of Chapter 206, Florida Statutes, as provided S~c~ion 336.025, Florida SECTIO~ 1~ Effec~ive Da~e of tocal~cion Cas Tax ~e four cent local option sas tax shall be imposed effec:ive September 1, 198~, for a period hoc ~o exceed five years. Upon expiration, the local option sas tax may be retmposed provided that a redetemination of the me~hod of distribu~ion shall be made as provided in ~sc~lon 336.025, Florida Statutes. tECTIO~~~ Collection and 9istribvtio. of Local ~tion Cas Tax ~tio. Cas Tax Revenue The four cent local option gas tax shall be collected in the same ~nner as all o~her gas ~axes pursuant to Chapter 206, Florida f:atu~es. ~ distribu:ion of ~he local option gas tax shall ba pursuant to i.~.rlocal a$reement with one or more of the m~nicipalities located within Collier County representini a ~Jorit2 of the incorporated area population ~i:hi. Collier County, which in~erlocal · lre~ent shill provide a distribution fo~ll for dividini the proceeds fr~ ~he tax ~ng Collier County ~nd all eligible ~ntctpalicies Collier ~ntl. Ii an in~rlocal asr~e~en~ is no~ executed pursuant to of the tax shall be distributed among Collier County an~ eligible municipalities based on the transportation expenditures of each for the five fiscal years preceding the year in which the csx is authorized, as a proportion of the total of such expenditures for Collier County and all amnicipalitiss within Collier County, pursuant to the provisions of Section 336,025, Florida Statutes. The revenues from the four cent local option gas tax shall be used for 'transportation expenditures" as provided in Section 336.02~, Florida Statutes. SECTION 5: Ordinance No. 83-26 is hereby repealed, effective as of September 1, SECTION 6~ $everability In the event chis Ordinance conflicts with any other ordinance of Collier Counc~ 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 hOC affect the validity of cbs remainin8 portion. SECTION 7: F~erzency Enactment and Effective DaCe This Board does hereby declare chac an emergency exists and chac immediacs enacCn..nC of this Ordinance is necessary, and by no less ~han four-filths (4/Sobs) vote of the membership of ~he Board does hereby waive notice of inCen~ ~o consider this Ordinance. A cer~i[ied copy of Chis Ordinance, as enacted, shall be filed by the Clerk of the Board with the Department of SCats of the $ca~e of Florida, as soon after enactment as is practicable by deposicin$ the same with the postal authorities of ~he government of the United States for special delivery by certified mail, postage prepaid, to ~he Florida Department of State. This Ordinance shall become effective upon becomin$ law. County, Florida ~his [2~h day of June, 198&. BOARD OF COUNTY COI~ISSIONERS COLLIER COUNTY, FLORIDA DAVID C. BROWN, ~£~n ~ c~r~ OF O~L~ ) I, WnT~ J. U3f2N, Clerk of Courts in md f~r the Twentieth Judicial Circuit, ~lli~ ~, ~, ~ h~e~ ce~t~ ~t the f~ego~ is a ~ o~1 of: ~~ ~. ~-45 ~ ~s a~t~ by ~ ~ of ~ ~m~ssi~s ~ ~rg~ ~~ ~ ~ Sessi~ ~e 12~ ~y of J~e, 19~. ~S ~ b~d ~d ~e offic~l s~l of ~e ~d of ~ ~,~si~s of ~llier ~, FI~, this 15th ~y of J~e, 1984. This ordlm~flce, flied with t~e Secretary of ~tote's Office and ocknow~dgement of that fllipi~ received this ~ day of WILLIAM J. REAGAN Clerk of Courts and Clerk