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HomeMy WebLinkAbout1990-126/11/90(WCORD2)LEGAL(WGC/nhm) ORDINANCE NO. 90-12 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA AMENDING ORDINANCE NO. 87-11, TOURIST DEVELOPMENT TAX, TO EXPAND THE AUTHORIZED USES OF REVENUE TO THOSE ALLOWED BY STATE LAW; PROVIDING FOR SEVERABILITY, CONFLICTING PROVISIONS AND EFFECTIVE DATE. WHEREAS, Indian River County by Ordinance No. 87-11 on January 27, 1987 provided for the creation of two taxing districts in which the tourist development tax may be levied on the privilege of renting, leasing, or letting for consideration any living quarters or accommodations in any hotel, apartment hotel, motel, rooming house, mobile home park, recreational vehicle park, camping space, or condominium for terms of six months or less; and WHEREAS, such ordinance provided for authorized uses of revenue derived from the tourist development tax which were more restrictive than that allowed by state law; and WHEREAS,rndian River County !—s -h s to authoirize all uses of the tourist development tax revenues allowable under state law, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,_ that: SECTION 1. Ordinance No. 87-11 adopted January 27, 1987 and codified in the Indian River County Code of Laws and Ordinances as Section 21-253 "Authorized uses of revenue" is hereby revised as follows: Section 21-253. Authorized uses of revenue. (a) All revenues received pursuant to this article shall be used for the following purposes only: (1) To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more publicly owned and operated convention center, sports stadium, sports arena, coliseum CODING: Words underlined are additions; words are'"deletions. 1 SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:14:06 - OfficialDocuments:662, Attachment Id 0, Page 1 ORDINANCE NO. 90- 12 or auditorium within the boundaries of the county or subcounty special taxing districts as set out in Section 21-251. However, these purposes may be implemented through service contracts aid l-ases-w--th-permsons-wfio-fnal-ntain-arid operate adequate existing facilities; (2) To promote and advertise tourism in the State of Florida and nationally and internationally; (3) To fund convention bureaus, tourist bureaus, tourist information centers and news bureaus as county agencies or by contract with the chambers of commerce of similar associations in the county; or (4) To finance beach improvement, maintenance, renourishment, restoration anr1 eros -ion contrott, including shoreline protection, enhancement, cleanup, or restoration of inland lakes and rivers to which there is public -access; - (5) Until such time as Indian River County reaches a population of 500,000 based on the most recent population estimates prepared pursuant to the provisions of Section 186.901, Florida Statutes, as in effect on July 1st of each year, tax revenues received pursuant to this article may also be used to acquire, cons rucktend, enfarg el, repair, improve, maintain, operate, or promote one or more museums, zoological parks, fishing piers or nature centers CODING_: Words underlined_ are additions; words $tt'WIU000§0 are deletions. 2 SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:14:07 - OfficialDocuments:662, Attachment Id 0, Page 2 - ORDINANCE NO. 90-12 which are publicly owned and operated or owned and operate y not-for-profit organizations and open to the public. (b) The revenues to be derived from the tourist development tax may be pledged to secure and IAjquj date revenue—bonds i_ssued by the count _y ---for t_li purposes set forth in Section (a)(1) or up to fifty (50) percent of the revenues to be derived from the tourist development tax may be pledged to secure and liquidate revenue bonds issued by the county for the purposes set forth in Section (a)(4). SECTION 2. Severability If any section, or if 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 t©- pass tkte--ord-irranc-L—wi-ttiout such unc-onsfi t-ut ion invalid or inoperative part. SECTION 3. Conflictinq Provisions In case of a conflict between the provisions of this ordinance and prior ordinances, the prior ordinance shall be deemed repealed to the extent of such conflict. SECTION -4. Effective Date This ordinance shall become effective upon receipt from the Secretary of State of the State of Florida of official acknowledgment that this ordinance has been filed with the Department of,State, Approved—acrd adopted by—the—Boa-rdof ,County Commissioners of Indian River County, Florida, on this 17 day of July 1990. CODING: Words underlined are additions; words $%fJ��6t/1`.l4�6000l _—_— are deletions. 3 SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:14:07 - OfficialDocuments:662, Attachment Id 0, Page 3 ORDINANCE NO. 90-12 This ordinance was advertised in the Vero Beach Press -Journal on the 27 day of June , 1990, for a public hearing to be held on the 17 _ day of July 1990, at which time it was moved for adoption by Commissioner Wheeler seconded by Commissioner Scu-n-1-o-ck , and—adoptedtby—fhe—fea-I-owFn"o-t-e-: Chairman Carolyn K. Eggert Aye Vice Chairman Richard N. Bird Aye Commissioner Margaret C. Bowman Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Gary C. Wheeler 4*4— APPROVED AS TO FORM AND LEGAL SUFFICIENCY BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By �� Caroly_n €ggert Chairman �- Acknowledgment by the Department of State of the State of Florida,.' this dday ofules1990. Effective date: Acknowledgment from the Department of State received on this 27th day of Jules 1990, at 10:30 . a.m./ and filed in the Ofiice of the7lerk of the_Board of County Commissioners of Indian River County, Florida, CODING: Words underlined are additions; words $ii'OMtfhi6000 are deletions. SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:14:07 - OfflcialDocuments:662, Attachment Id 0, Page 4 4