HomeMy WebLinkAbout1985-57ORDINANCE NO. 85-57
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSICNERS OF
INDIAN RIVER COUNTY, FLORIDA IMPOSING A TWO CENT LOCAL
OPTION GAS TAX UPON EVERY GALLON OF MOTOR FUEL AND
SPECIAL FUEL SOLD IN INDIAN RIVER COUNTY AND TAXED UNDER
THE PROVISIONS OF FLORIDA STA'T'UTES CHAP'T'ER 206;
PROVIDING THAT THE IMPOSITION SHALL BE EFFECTIVE FOR A
PERIOD OF FIVE YEARS, BEGINNING SEPTEMBER 1, 1985;
PROVIDING FOR DISTRIBUTION PURSUANT TO INTERLOCAL
AGREEMENTS BETWEEN INDIAN RIVER COU NPY ANC
MUNICIPALITIES LOCATED THEREIN REPRESENTING A MAJORITY
OF THE POPULATION OF THE INCORPORATED AREA: WITHIN
INDIAN RIVER COUNTY; PROVIDING FOR SEVEPABILITY,
INCORPORATION IN CODE. AND EFFE.CTfVF DATE.
PE IT ORDAINED BY THE BOARD CF C^JNTY COMMISSIONERS OF
I.'dD1A^: RIVER COUNTY, FLORIDA:
RECTI--�S 1.
x:17111F.;RI Pv
Thi=- rdinacc- is 3u -h; -i r=d ty Florica tat -ute:s
C. 36.(25, c_GrE 32,>"� C",' �.r;c :GC1']a -•�a t,
_ p 83-3, Section
55, and cther a�ricahie ! ,
IC'. 2.
�.POR1 TITLE
-I'_, is-r.jir,ar,r- _ .:1 - c r: an 1 ra'i h„c t 3s t'le
"Indian 7+iv=r Ccunty Local Cpticn „s Tax ',rciCn3ne
Thcr° is h -ret)} ::posed i taro i -,cal optil3s tax
"cr. v,ry 11cn of rrrtcr :u(-1 an -3 ;Pect,� i `, �= i[r.di =•I
Pive•r COUCtN faxed prcVision5 - . :ori.1,, Ituti es
.'ha1)t.-r c05.
SE.CT'thN 4.
EFFFC11VE DATE OF 'PAX
The tax imposition hereby made sha11 be eff.ectLve from
-epter,ber 1, 11185, to Auqust 31, 1990, both inclusive.
cECTION 5.
^ISTRIBUTION OF TAX
A. Pursuant to the interlocal direement
entered into between the County and municipalities within the
County representing a majority of the incorporatc'c area
PopuLation within Indian River County, the Proceeds of the tax
hereby imposed shall be divided and distributed by the State of
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Florida Department of Revenue to Indian River County and eligible
municipalities in the following proportions:
RECIPIENT SHARE OF PROCEEDS
Indian River County 67.5567 8
Citv of Vero Beach 19.4200 R
Citv of Sebastian 9.9033 8
City of Fellsmere 1..9567 %
Town of Indian River Shores 1.1433
City of Orchid ,02
B. Each year, during the tern of the
imposition of this tax, the division ar.d distribution of tax
proceeds under this ordinance shall be evaluatad and recalc-ilated
based u, -,on the following formula:
The percentage of total revers -n allocate,] to each eligible
entity equals 1/3 of the ectity's oerc=_ntaye of total
equivalent lane miles of roar plus 1/3 of the entity's
percentage of transportation expenditures over the previous
five years plus 1/3 of the entity's total percentage of
population residing it the area based upon the 1984 estimate
from the Florida Pureau of Econcmic and Business
Research.
By August 15th of each year, the County shall provide the
Florida State Department of Revenue a certiti-d coos ° the
distribution Proportions established by interlocal aqr -aner`
under this section. The revised ^_'istribution of tax proceeds
shall become effective on September 1st of each year.
C. If, during the term of the imposition of
this tax, the County or any of the municipalities become
ineligibile to receive a share of the local option qas 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 disbributed 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 31, but not
collected or otherwise available for distribution until after
August 31, of the year this levy terminates.
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SECTION 6.
UTILIZATION OF PROCEEDS
Proceedsrof the tax imposed herein shall be utilized
only for transportation expenditures in accordance with the
provisions and requirements of Florida Statutes §336.025.
SECTION 7.
INCORPORATION IN CODE
This ordinance shall be incorporated into the Code of
ordinances of Indian River County and the word "ordinance" may be
changed to "section," "article," or other appropriate word and
sections of this ordinance may he renumbered or relettered to
accomplish such purposes.
SECTION 8.
SEVERABILITY
If any Section, or :f anv sentenc?, paragraph, phrase,
or word of this ordinance is fcr any reason meld to be unconstitu-
tional, 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 -hie ordinanc- without such
unconstitutiona., invalid or inoP-native part.
SECTION 9.
EFFECTIVE DATE
This ordinance shall beccme effective upon receipt fromthe
Secretary of State of the State of Florida of official acknowledgment
that this ordinance has been filed with the Department of State.
Approved and adopted by the Board of County Commissioners
of Indian River County, Florida, on this 26thday of lune
1985.
BOARD OUNTY COMMISSIONERS OF
IND N IVER COUNTY, FLORIDA
y
PA CK LB. LYO
Chairman
Attest: '.�h.i C.•__ �_c c �ti
FREDA WRIGHT
Clerk
Acknowledgment by the Department of State of the State of Florida,
this 8th day of July , 1985.
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Effective date: Acknowledgment from the Department of State
received on this 19th day of Julv , 1985, at 10 A.M./P.M. and
filed in the Office of the Clerk of the Boar of County
Commissioners of Indian River County, Florida.
APp OVED 'S� TQQQQ FORM
AND LEG FFICIENCY:
C NTY AYZRNEY
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