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HomeMy WebLinkAbout1996-11i i 2/22/96CorC1\9;astax. doc�Ow 79 ORDINANCE 96- 11 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, EXTENDING THE VOCAL OPTION GAS TAX FOR 30 YEARS AND AMENDING THE DISPOSITION OF PROCEEDS. WHEREAS, Section 336.025, F.S. authorizes the levy of a local option gas tax; and WHEREAS, the County adopted an ordinance establishing said tax (Chapter 209, Indian River County Code); and WHEREAS, said tax has a current termination date of August 31, 1996; and WHEREAS, an extension of this tax for the maximum period allowed by law is in the public interest; and WHEREAS, the disposition of proceeds should also be addressed, MEMORHMEM11••�III ii 5 :••�III 111111M• COMMISSIONERS OF INDIAN RIVER COUNTY, that: SECTION 1. AMENDMENT. Section 209.03 which reads as follows Section 209.03. Effective date. The tax imposition hereby made shall be effective from September 1, 1985 to August 31, 1996, both inclusive. is hereby amended to read as follows The tax imposition hereby made shall be effective from September 1, 1996 to August 31, 2026, both inclusive. Section 209.04(a) which reads as follows. Section 209.04. Disposition of proceeds. (a) Pursuant to the interlocal agreement date. Section into between the county and municipalities 209.03. within the Effective The tax imposition hereby made shall be effective from September 1, 1996 to August 31, 2026, both inclusive. Section 209.04(a) which reads as follows. Section 209.04. Disposition of proceeds. (a) Pursuant to the interlocal agreement entered into between the county and municipalities within the county ORDINANCE 96- 11 representing a majority of the incorporated area population within Indian River County, the proceeds of the tax hereby imposed shall be divided and distributed by the State of Florida Department of Revenue to Indian River County and eligible municipalities in the following proportions Recipient Share of Profits (percent) Indian River County 67.5567 City of Vero Beach 19.4200 City of Sebastian 9.9033 City of Fellsmere 1.9567 Town of Indian River Shores 1.1433 City of Orchid .02 is hereby amended to read as follows (a) The disposition of proceeds shall be pursuant to interlocal agreement with one or more of the municipalities located therein, representing a majority of the population of the incorporated area within the county. Said agreement shall provide a distribution formula for dividing the entire proceeds of the local option gas tax among the county government and all eligible municipalities within the county. Said formula is set forth in paragraph (b) of this section. The method of distribution of the local option gas tax revenues shall be reviewed and a public hearing held at least every two years by the parties to the agreement. SECTION 2. SEVERABILITY. If any section, or any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 3. EFFECTIVE DATE. A certified copy of this ordinance, as enacted, shall be filed by the Clerk with the Office ' of the Secretary of State of the State of Section 209.04. Disposition of proceeds. (a) The disposition of proceeds shall be pursuant to interlocal agreement with one or more of the municipalities located therein, representing a majority of the population of the incorporated area within the county. Said agreement shall provide a distribution formula for dividing the entire proceeds of the local option gas tax among the county government and all eligible municipalities within the county. Said formula is set forth in paragraph (b) of this section. The method of distribution of the local option gas tax revenues shall be reviewed and a public hearing held at least every two years by the parties to the agreement. SECTION 2. SEVERABILITY. If any section, or any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 3. EFFECTIVE DATE. A certified copy of this ordinance, as enacted, shall be filed by the Clerk with the Office ' of the Secretary of State of the State of ORDINANCE 96- 11 Florida within ten days after enactment, and this ordinance shall take effect on September 1, 19960 Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 23 day of Apri 1 1996. This ordinance was advertised in the Vero Beach Press -Journal on the 6 day of Apr i.1 1996, for a public hearing to be held on the 23 day of Apri 1 1996, at which time it was moved for adoption by Commissioner Eggert seconded by Commissioner Bi rd , and adopted by the following vote: Chairman Fran B. Adams Aye Vice Chairman Carolyn K. Eggert Aye Commissioner Richard N. Bird Aye Commissioner Kenneth R. Macht Aye Commissioner John W. Tippin Aye The Chairman thereupon declared the ordinance duly passed and r 2-3 da of April 19960 adopted this y , R *' BOARD OF COUNTY COMMISSION At ` ,o INDIAN RIVER COUNTY, FLORIDA Jeffrey' arta Indian'rRiyer County .Adminisfra ion.. <, nudget '_. pai Nis, Management Partment ( Division fir' y fr � Clerk/ Adrxoved Date ` Fran B. Adams, Chairman K.GUJJ 6 Filed with the Department of State on 30th day of April, 1996. Effective date September 1, 1996.