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HomeMy WebLinkAbout15-007r JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4079297 06109/2015 at 01:50 PM OR BOOK 3755 PAGE 860 - 862 Doc Type: ©RDN RECORDING: $27.00 ORDINANCE NO. 15-007 AN ORDINANCE AMENDING CHAPTER 42 "TAXATION" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, TO PROVIDE FOR THE REAUTHORIZATION OF THE "NINTH CENT GAS TAX"; AMENDING SECTION 42-212 "LEVY OF NINTH CENT GAS TAX TO PROVIDE FOR THE REAUTHORIZATION OF THE NINTH CENT GAS TAX UPON EVERY GALLON OF MOTOR FUEL AND DIESEL FUEL SOLD IN ST. LUCIE COUNTY AND TAXED UNDER THE PROVISIONS OF CHAPTER 206, FLORIDA STATUTES; AMENDING SECTION 42-213 "DISTRIBUTION AND USE OF NINTH CENT GAS TAX" TO PROVIDE FOR THE DISTRIBUTION OF THE REAUTHORIZED NINTH CENT GAS TAX; AMENDING SECTION 42.214 "DURATION OF TAX" TO PROVIDE THAT THE REAUTHORIZED NINTH CENT GAS TAX IMPOSED BY THIS ORDINANCE SHALL BE EFFECTIVE FROM SEPTEMBER 1, 2015 UNTIL REPEALED; PROVIDING FOR SEVERABILITY AND APPLICABILITY; FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF REVENUE; PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 336.021, Florida Statutes, authorizes this Board to levy a one cent gas tax ("ninth cent gas tax") upon every gallon of motor fuel and diesel fuel sold in St. Lucie County and taxed under the provisions of Chapter 206, Florida Statutes. 2. On June 20, 1995, the Board adopted Ordinance No. 95-25 providing for the levy of the ninth -cent gas tax through August 31, 2015. 3. The health, safety, and welfare of the residents of St. Lucie County will benefit from the passage of an ordinance reauthorizing the levy of the ninth cent gas tax to fund, in part, necessary transportation expenditures within St. Lucie County. NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. ARTICLE V "GAS TAXES" IS AMENDED TO READ AS FOLLOWS: Underlined passages are added. StFHGk t49YgR passages are deleted. 5:\AMT C>RDINANCES\2015\Ninth Cent Gas Tax - Rev. 05-21.dac 1 Section 42-212. LEVY OF NINTH CENT GAS TAX Pursuant to Florida Statutes 336.021, a $0.01 gas tax is reauthorized and imposed upon every gallon of motor fuel and diesel fuel sold in the county, and taxed under the provisions of Florida Statutes, Chapter 206. Section 42-213. DISTRIBUTION AND USE OF NINTH CENT GAS TAX The proceeds of the reauthorized ninth cent gas tax shall be distributed to the county and used to pay the costs and expenses of establishing, operating and maintaining the county's transportation system and related facilities and the cost of acquisition, construction, reconstruction and maintenance of the county's roads and streets. Section 42-214. DURATION OF TAX The initial ninth cent gas tax imposed by Ordinance No. 95-025 shall be effective from September 1, 1995 through August 31, 2015 both inclusive. The reauthorized ninth cent gas tax imposed by this division through the adoption of Ordinance No. 2015-007 shall be effective from September 1, 2015, until repealed. PART B. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portion of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART C. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administration Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART D. FILING WITH THE DEPARTMENT OF REVENUE. The County Attorney is hereby directed forthwith to send a certified copy of this ordinance to the Florida Department of Revenue, 201 Carlton Building, Tallahassee, Florida, 32301. Underlined passages are added. StFu .'� passages are deleted. 5:\ATTY\0RDINANCES\2015\Ninth Cent Gas Tax - Rev. 05-21.doc C] PART E. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of the Secretary of State that this ordinance has been filed in that office. PART E. ADOPTION. After motion and second, the vote on this ordinance was as follows: Paula A. Lewis, Chair AYE Kim Johnson, Vice Chair AYE Commissioner Chris Dzadovsky AYE Commissioner Tod Mowery AYE Commissioner Frannie Hutchinson AYE PART E. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or reiettered to accomplish such intentions; provided, however, that parts B through E shall not be codified. PASSED AND DULY ADOPTED this a day ofO'�� , 2015. Al } Deputy Clerk IC Underlined passages are added. 5:\ATTY\ORDINANCES\2015\Ninth Cent Gas Tax - Rev. 05-23.doc 9 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: r Chair APPROVAS TO FORM AND CORRECTN SS:n BY: my A struck through passages are deleted. RICK SCOTT KEN DETZNER Governor Secretary of State June 9, 2015 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Sue Korunow, Recording Secretary/Finance Assistant Dear Mr. Smith: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 15-007, which was filed in this office on June 9, 2015. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 Facsimile: (850) 488-9879 www.dos.state.fl.us