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HomeMy WebLinkAbout2002-021AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE EXTENSION OF THE EXISTING ONE -CENT (1 cent) LOCAL GOVERNMENT INFRASTRUCTURE SALES SURTAX FOR AN ADDITIONAL PERIOD OF FIFTEEN YEARS AND SEVEN MONTHS BEYOND THE FIFTEEN YEAR DURATION ESTABLISHED FOR THE 1989 SURTAX IN INDIAN RIVER COUNTY ORDINANCE No.89-6; PROVIDING FOR COMPLIANCE WITH THE NEW LEVY AND COLLECTION PROVISIONS OF FLORIDA STATUTES SECTION 212.054; PROVIDING FOR A REFERENDUM ON THE EXTENSION OF SUCH SURTAX; PROVIDING THE FORM OF THE BALLOT TITLE AND THE QUESTION ON THE REFERENDUM; PROVIDING FOR A GENERAL DESCRIPTION OF THE PROJECTS TO BE FUNDED BY THE EXTENDED SURTAX; PROVIDING FOR DISTRIBUTION OF A PORTION OF THE PROCEEDS OF THE EXTENDED SURTAX TO ALL OF THE MUNICIPALITIES WITHIN INDIAN RIVER COUNTY, PROVIDING FOR EFFECT OF REFERENDUM RESULTS; PROVIDING AUTHORIZATION FOR NECESSARY ACTION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND THE DEPARTMENT OF REVENUE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Indian River County Board of County Commissioners adopted Ordinance 89-6 at a duly noticed public hearing held on January 30, 1989 (the 111989 Ordinance") to authorize the'levy of a one -cent (1 )(one percent [1%1) discretionary infrastructure sales surtax (the "1989 Surtax") and to.call for a referendum to be held on March 14, 1989 for voter approval of the 1989 Surtax; WHEREAS, the referendum question asked the voters to adopt the 1989 Surtax for fifteen (15) years and the referendum on the 1989 Surtax was approved by a majority of the electors at such election; WHEREAS, the 1989 Ordinance provided that the 1989 Surtax would take effect on June 1, 1989 and end May 31, 2004; WHEREAS, Florida Statutes Section 212.054(5) now provides that "No discretionary sales surtax ... shall take effect on a date other than January 1. No discretionary sales surtax shall terminate on a day other than December 31."; WHEREAS, to comply with the current provisions of Florida Statutes Section 212.054(5), any extension of the 1989 Surtax approved by an ordinance of the Indian River County Board of County Commissioners and approved by voters at a referendum must be effective as of January 1, 2004 with the collection of such extended levy to commence June 1, 2004; WHEREAS, to comply with the current provisions of Florida Statutes Section 212.054(5), any extension of the 1989 Surtax approved by ordinance of the Indian River County Board of County Commissioners and approved by voters at a referendum must end at the end of a calendar year, and WHEREAS, the Board has thoroughly considered the options available to it with respect to extension of the 1989 Surtax and has determined that the 1989 Surtax should be extended through December 31, 2019. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY FOR THIS ORDINANCE. This Ordinance is enacted pursuant to Sections 212.055(2), 212.054 (5), and 101.161(1) Florida Statutes, and other applicable provisions of law. SECTION 2. APPROVAL OF EXTENSION OF LEVY OF 1989 SURTAX. Subject to voter approval as hereinafter set forth, the Indian River County Board of County Commissioners, as the governing body of Indian River County, Florida, hereby approves the extension of the current levy of the 1989 Surtax for an additional period of fifteen years and seven months beyond the fifteen year duration established for the 1989 Surtax in the 1989 Ordinance. Solely to comply with the current provisions of Florida Statutes Section 212.054(5), the extension of such levy shall be deemed to be for a period of sixteen (16) years, effective January 1, 2004 and ending December 31, 2019; however, the collection of such extended levy .shall commence on June 1, 2004 and shall continue through December 31, 2019. Therefore, the collection of the extended levy of the 1989 Surtax will commence midnight 12:00 a.m., June 1, 2004 and continue for a period of fifteen (15) years and seven (7) months through December 31, 2019. SECTION 3. SURTAX REFERENDUM. Pursuant to Florida Statutes Section 212.055(2), a referendum election shall be held in Indian River County, and the Supervisor of Elections shall cause to be placed on the ballot for the November 5, 2002 General Election, the question of the approval or disapproval of the extension of the existing 1989 Surtax provided in Section 2 of this Ordinance. SECTION 4. OFFICIAL BALLOT TITLE AND QUESTION. The form of ballot title and question to be used in the referendum on the extension of the 1989 Surtax shall be in substantially the following form: NOVEMBER 5, 2002 OFFICIAL BALLOT INDIAN RIVER COUNTY, FLORIDA SHALL THE DURATION OF THE ONE -CENT SALES SURTAX LEVIED IN INDIAN RIVER COUNTY BE EXTENDED AN ADDITIONAL FIFTEEN YEARS AND SEVEN MONTHS FROM MAY 31, 2004, ITS CURRENTLY SCHEDULED EXPIRATION DATE, TO DECEMBER 31, 2019 TO FINANCE, PLAN, AND CONSTRUCT INFRASTRUCTURE INCLUDING ROADS, BRIDGES, JAIL EXPANSION, LIBRARIES, FIRE/PARAMEDIC STATIONS, STORMWATER IMPROVEMENTS, RECREATION FACILITIES, COUNTY ADMINISTRATION BUILDINGS, CLOSURE OF LANDFILLS, AND ANY OTHER COUNTY AND MUNICIPAL INFRASTRUCTURE PROJECTS ALLOWED BY LAW? FOR the extension of the one -cent sales AGAINST the extension of the one -cent sales tax. SECTION 5. USE OF REVENUES BY THE COUNTY AND THE MUNICIPALITIES IN THE COUNTY. (1) County Use. The County hereby commits to use the County's share of the proceeds of the extension of the 1989 Surtax, if the extension of such 1989 Surtax is approved by a majority of the voters voting in the referendum, as follows: (i) road and bridge construction, reconstruction, improvement, and widening projects countywide; (ii) construction of expanded facilities for Indian River County jail facilities; (iii) construction of proposed new library branches and expansion of existing libraries; (iv)construction of new fire/paramedic stations and expansion of existing stations; (v) construction of new County Administration buildings; (vi) stormwater projects; and (vii) other projects approved by the Board of County Commissioners. (2) Municipality Uses. Municipalities may only spend their share of the revenues from the extension of the 1989 Surtax to finance, plan, and construct infrastructure and to acquire land for public recreation or conservation or protection of natural resources and to finance the closure of county -owned or municipally owned solid waste landfills that are already closed or are required to close by order of the Department of Environmental Protection, any and all of which purposes are approved by the electors. (3) Infrastructure Definition. For purposes of the use of revenues from the extension of the 1989 Surtax by the County and the municipalities, the term "infrastructure" shall have the meaning set forth in Section 212.055, Florida Statutes (2002), including: a. Any fixed capital expenditure or fixed capital outlay associated with the construction, reconstruction, or improvement of public facilities which have a life expectancy of 5 or more years and any land acquisition, land improvement, design, and engineering costs related thereto. b. A fire department vehicle, an emergency medical service vehicle, a Sheriff's office vehicle, a municipal police department vehicle, or any other vehicle, and such equipment necessary to outfit the vehicle for its official use or equipment that has a life expectancy of at least 5 years. (4) Distribution to Municipalities. State law provides that municipalities are to receive a share of the revenues from the extension of the 1989 Surtax in accordance with the terms of any interlocal agreement entered into between the Indian River County Board of County Commissioners as the governing body of Indian River County, Florida and the governing bodies of the municipalities representing a majority of Indian River County's municipal population or, in the absence of an interlocal agreement, in accordance with the state revenue sharing formula. The infrastructure sales surtax proceeds from the extended levy of the 1989 Surtax shall be distributed to the respective municipalities within the County pursuant to the state revenue sharing formula. SECTION 6. REFERENDUM RESULTS. If a majority of the votes cast at the referendum in respect to the extension of the 1989 Surtax shall be "For the extension of the one -cent sales tax", the 1989 Surtax extension shall be approved and the extension of the 1989 Surtax shall thereupon be levied effective June 1, 2004 and shall continue in full force and effect through and including December 31, 2019. SECTION 7. SAVINGS CLAUSE. In the event the Referendum is not approved, the levy of the 1989 Surtax shall remain in effect as originally provided in the 1989 Ordinance; and the proceeds of the 1989 Surtax shall continue to be used for the purposes provided in the 1989 Ordinance and shall continue to be distributed as provided in the 1989 Ordinance. SECTION 8. AUTHORIZING NECESSARY ACTION. The County hereby authorizes the proper officials to do all things deemed necessary I n connection with the holding of the referendum and the levy of the Surtax, if approved, to the extent provided by law and in this Ordinance. SECTION 9. SEVERABILITY. It is declared to be the intent of the Board of County Commissioners that if any word, phrase, clause, sentence, section, subsection, or portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or invalid by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent portion, and such holding shall not affect the validity of remaining portions of this Ordinance. SECTION 10. FILING WITH DEPARTMENT OF STATE AND DEPARTMENT OF REVENUE. The Clerk be and hereby is directed forthwith to send a certified copy of this Ordinance to the Department of State, Bureau of Administrative Code, The Elliot Building, 401 South Monroe Street, Tallahassee, Florida 32399-0250, and to the Department of Revenue. SECTION 12. EFFECTIVE DATE. This Ordinance shall take effect immediately upon filing with the Department of State. This Ordinance was advertised in the Vero Beach Press Journal on June 19, 2002, for a public hearing to be held on July 2, 2002. During the July 2, 2002, public hearing, this Ordinance was moved for adoption by Commissioner Adams and seconded by Commissioner Ginn and adopted by the following vote: Chairman Ruth M. Stanbridge Aye Vice Chairman John W. Tippin Avp Commissioner Fran B. Adams Aye Commissioner Kenneth R. Macht AVP Commissioner Caroline D. Ginn `AyP DULY PASSED AND ADOPTED THIS 2nd DAY OF JULY, 2002. 14. INDIAN RIVER,,.COUNTY, FLORIDA'.;` Attest: J. K. Barton, Clerk BOARD OF COUNITY`1COMM-ISS,,.TONERS z . ?ri By 1�.� By r r r Deputy Clerk :` Ruth M.'. Stanbr.a' ge 45 P. , r' Ch"a rma'ri Approved. = r App "roved . as lto, form and legal su ciency: ames E. Chandler Vaul G. Bangel County Administrator County Attorney ACIMWLEDGMEW by the Department of State of the State of Florida, this 5th day of July, 2002.