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HomeMy WebLinkAbout2001-012iL 3/01 ORD(LEGAL)WGC/nhm ORDINANCE NO. 2001- 012 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AMENDING INDIAN RIVER COUNTY CODE SECTION 209.04 "DISPOSITION OF PROCEEDS", OF CODE CHAPTER 209, "LOCAL OPTION GAS TAX", TO CLARIFY LOCAL GOVERNMENT REPORTING TIMEFRAMES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 336.025, Florida Statutes authorizes the levy of a local option gas tax; and WHEREAS, Indian River County adopted an ordinance establishing said tax (Chapter 209, Indian River County Code); and WHEREAS, certain reporting timeframes as set out in Indian River County Code Section 209.04(b) when combined with the Department of Revenue reporting requirements effectively delay the revised distribution of tax proceeds by almost a year, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. AMENDMENT. Section 209.04 of the Code of Indian River County is hereby amended to read as fol lows: 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 Coding: Words underscored are additions to text; words in StFikethFau format are deletions to text. •'t Ilk FMAI Ok L91 = kkq• 11 I (b) Each year, during the term of the imposition of this tax, the division and distribution of tax proceeds under this article shall be evaluated and recalculated based upon the following formula: The percentage of total revenue allocated to each eligible entity equals one- third (1/3) of the entity's percentage of total equivalent lane miles of road plus one-third (1/3) of the entity's percentage of transportation expenditures over the previous five (5) years plus one-third (1/3) of the entity's total percentage of population residing in the area based upon the 1984 most recent estimate from the Florida Bureau of Economic and Business Research. Each eligible entity (municipality) shall report the above information to the Indian River County Public Works Director by April 30th of each year. Should the above information not be reported to the Public Works Director by April 30th of each year, the Public Works Director shall recalculate the distribution of proceeds based upon the previous year's information, or other reliable information, whichever is more recent, for each non -reporting eligible entity (municipality). By August June 15 of each year, the county shall provide the Florida State Department of Revenue a certified copy of the distribution proportions established by interlocal agreement under this section. The revised distribution of tax proceeds shall become effective on September 1 of each the same year. (c) If, during the term of the imposition of this tax, the county or any of the municipalities become ineligible to receive a share of the local option gas tax for any reason, any funds otherwise undistributed because of ineligibility shall be distributed by the department of revenue to eligible governments within Indian River County in proportion to other monies distributed pursuant to this section. (d) The distribution formula established the population herein shall of the incorporated area within the county. Said agreement distribution shall provide a distribution tax imposed through 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 in May at least every two (2) years by the parties to the agreement. (b) Each year, during the term of the imposition of this tax, the division and distribution of tax proceeds under this article shall be evaluated and recalculated based upon the following formula: The percentage of total revenue allocated to each eligible entity equals one- third (1/3) of the entity's percentage of total equivalent lane miles of road plus one-third (1/3) of the entity's percentage of transportation expenditures over the previous five (5) years plus one-third (1/3) of the entity's total percentage of population residing in the area based upon the 1984 most recent estimate from the Florida Bureau of Economic and Business Research. Each eligible entity (municipality) shall report the above information to the Indian River County Public Works Director by April 30th of each year. Should the above information not be reported to the Public Works Director by April 30th of each year, the Public Works Director shall recalculate the distribution of proceeds based upon the previous year's information, or other reliable information, whichever is more recent, for each non -reporting eligible entity (municipality). By August June 15 of each year, the county shall provide the Florida State Department of Revenue a certified copy of the distribution proportions established by interlocal agreement under this section. The revised distribution of tax proceeds shall become effective on September 1 of each the same year. (c) If, during the term of the imposition of this tax, the county or any of the municipalities become ineligible to receive a share of the local option gas tax for any reason, any funds otherwise undistributed because of ineligibility shall be distributed by the department of revenue to eligible governments within Indian River County in proportion to other monies distributed pursuant to this section. (d) The distribution formula established herein shall also govern the division and distribution of proceeds of the local option gas tax imposed through August Coding: Words underscored are additions to text; words in stFkethMu format are deletions to text. ORDINANCE NO, 2001- 012 31, but not collected otherwise available for distribution until after August 31, of the year this levy terminates. SECTION 2. CODIFICATION. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made a part of the Indian River County Code and the word "ordinance" may be changed to "section," "article," or other appropriate word or phrase and the sections of this Ordinance may be renumbered or relettered to accomplish such intention; providing, however, that Sections 2, 3, and 4 shall not be codified. SECTION 3. 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 4. EFFECTIVE DATE. Certified copies of this ordinance, as enacted, shall be filed by the Clerk with the Office of the Secretary of State and the Department of Revenue of the State of Florida within ten days after enactment, and this ordinance shall take effect upon filing with the Secretary of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 20tWay of March 12001, This ordinance was advertised in the Vero Beach Press -Journal on the 10th day -of March, 2001, for a public hearing to be held on the 20th day of March, 2001, at which time it was moved for adoption by Commissioner Adams , seconded by Commissioner Stanbridge , and adopted by the following vote: The Chairman thereupon declared the ordinance duly passed and adopted this 20th day of March, 2001, Coding: Words underscored are additions to text; words in S*,al(ethFe g-14 format are deletions to text. D. Ginn Aye Chairman Caroline M. Stanbridge Vice Chairman Ruth Aye Commissioner Fran B. Adams Aye R. Macht Aye Commissioner Kenneth The Chairman thereupon declared the ordinance duly passed and adopted this 20th day of March, 2001, Coding: Words underscored are additions to text; words in S*,al(ethFe g-14 format are deletions to text. ORDINANCE NO. 2001- 012 BOARD OF COUNTY COMMISSION INDIAN RIVER COUNTY, FLORIDA IT By: �C1J, r Caroline D. Ginn, Chair an ATTEST: Jeffrey K.,Barton, Clerk n' .F1W Bye 6'`q :Deputy Clerk fl EffectiveDate..=, This ordinance was filed with the Department of State on day, of "'A ;`.2001, and becomes effective iz at,.,p BY WILLIAM G. COLLINS 11 DEPUTY COUNTY ATTORNEY' Coding: Words underscored are additions to text; words in c+F;iietHF Ug format are deletions to text. . I fle BY WILLIAM G. COLLINS 11 DEPUTY COUNTY ATTORNEY' Coding: Words underscored are additions to text; words in c+F;iietHF Ug format are deletions to text.