HomeMy WebLinkAbout2026-008ORDINANCE N'0. 2026- 008
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, EXTENDING
THE LOCAL OPTION GAS TAX FOR 30 YEARS AND AMMENDING THE
DISPOSITION 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, 2026; 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,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, that the Indian River County Code
Section 209.03 (Effective Date) and Section 209.04 (Disposition of Proceeds) be
amended as follows:
SECTION # 1:
Amend Indian River County Code Section 209.03, Effective Date; as
follows:
The tax imposition hereby made shall be effective from September 1, 1996
2026 to August 31, X62456, both inclusive.
"ESTION#2.
Amend Indian River County Code Section 209.04(b), Disposition of
Proceeds; as follows:
(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
reventie alloeated to eaehi eligible entity equals one-third (%) of the
entity's pereentage of total equival 'tame rnites of road plus one-third
a.
10n expenditdres over thepreviotis five (5) years plus one-third (%) of the entity's total percentage
of population residing On the area based upon the fflost reeent estirnate
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ORDINANCE NO. 2026- 008
. 1 /2of the
entity's percentage of total equivalent lane miles of road plush of
the entity's total percentage of population based upon the most
recent estimate from the University/ of Florida Bureau of Economic
and Business Research (BEBB) Said formula shall be reviewed
every two years.
SECTION #3: SEVERABILITY
If any clause, section or provision of this Ordinance shall be declared by a court of
competent jurisdiction to be unconstitutional or invalid for any cause or reason,
the same shall be eliminated from this Ordinance and the remaining portion of this
Ordinance shall be in full force and effect and be as valid as if such invalid portion
thereof had not been incorporated therein.
SECTION #4• REPEAL OF CONFLICTING ORDINANCES
The provisions of any other Indian River County ordinance that are inconsistent or
in conflict with the provisions of this Ordinance are repealed to the extent of such
inconsistency or conflict.
SECTION #5• INCLUSION IN THE CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part of the Code of
Laws and Ordinances of Indian River County, Florida. The sections of the
Ordinance may be renumbered or relettered to accomplish such, and the word
"ordinance" may be changed to "section", "article", or any other appropriate word.
SECTION #6: EFFECTIVE DATE
This Ordinance shall take effect on September 1, 2026.
This ordinance was advertised in the Indian River Press Journal on the 1 st day of May, 2026,
for a public hearing to be held on the 19th day of May, 2026, at which time it was moved for
approval and adoption by Commissioner Earman , seconded by Commissioner
Moss , and adopted by the following vote:
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ORDINANCE NO. 2026- 008
Chairman Deryl Loar AYE
Vice Chairman Laura Moss AYE
Commissioner Susan Adams AYE
Commissioner Joseph E. Flescher AYE
Commissioner Joseph H. Earman AYE
The Chairman there upon declared the ordinance duly passed and adopted this 19th
day of May , 2026.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
�............
••�o��a sfo'✓F�
BY:
Deryl Loar, Chairman
'`•�FACOUNT� �''
ATTEST: Ryan L. Butler, Clerk of Court
and Comptroller
BY:
De uty Clerk
This ordinance was filed with the Department of State on the following date:Agt a 7i d0-24
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
Susan J. ra , Deputy County Attorney
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