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Home My WebLink About03-021RESOLUTION NO. 03-21 A RESOLUTION TO BE KNOWN AS THE ST. LUCIE COUNTY :'UBLIC TRANSIT AND NON-MOTORIZED TRANSPORTATION MUNICIPAL SERVICE TAXING UNIT RESOLUTION; PROVIDING DEFINITIONS AND FINDINGS; CREATING THE PUBLIC TRANSIT AND NON-MOTORIZED TRANSPORTATION MUNICIPAL SERVICE TAXING UNIT; AUTHORIZING SUCH UNIT TO ANNUALLY LEVY AD VALOREM TAXES; AUTHORIZING OTHER GENERAL POWERS OF SUCH UNIT; DECLARING THE EXCLUSION FROM THE ADMINISTRATIVE PROCEDURES ACT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: ARTICLE I INTRODUCTION Section 1.01. Definitions. When used in this Resolution, the following terms shall have the following meanings, unle ss the context clearly requires otherwise: "Board" shall mean .he Board of County Commissioners of St. Lucie County, Florida.. "County" shall mear_ St. Lucie County, a political subdivision of the State of Florida.. "Non-Motorized Transportation" shall mean pedestrian and bicycle facilities, including but not limited to sidewalks and bike paths. "Public Transit" shall mean any form of public transit services, including but not limited to fixed route, deviated route, demand response, van pooling, rail, transportation disadvantaged and Americans with Disabilities Act ("ADA") trips. "Unit" shall mean the Public Transit and Non-Motorized Transportation Municipal Service Taxing Unit as created by Section 2.01. Section 1.02. FindiRgs. It is hereby ascertained, determined and declared that: A. Pursuant to _axticle VIII, Section 1 of the Florida Constitution, and Sections 125.01 and 125.66, Florida Statutes, the Board has all the powers of local self- government ~o perform county functions and to render services in a manner not inconsistent with general law and such power may be exercised by the enactment of county ordinances. B. Section 125.01(1)(q), Florida Statutes, provides legislative authorization for counties to establish a municipal service taxing unit for any part or all of the unincorporated areas within its boundaries and within municipal boundaries subject to consent of the respective municipality within which may be provided essential facilities and municipal services. C. The purpose of this resolution is to create the Public Transit and Non-Motorized Transportation Municipal Service Taxing Unit for the purpose of providing public transit services and non-motorized transportation facilities to all residents of St. Lucie County. The Board determines that the creation of this municipal service taxing unit will be of benefit to the real and personal property within the unit. The Board shall determine each year the estimated cost of providing public transit services for the ensuing County fiscal year within the boundaries of the unit based upon the St. Lucie Urban Development Plan 2002-2006, 2025 Long Range E Transportaticn Plan, and the "Fixed Route Transit Funding Issues in St. Lucie County" repcrt adopted by the St. Lucie Metropolitan Planning Organization, and subsequent amendments to such plans. The remainder of the funds levied for the unit shall be expended on non-motorized transportation facilities. The Board hereby determines that the provision of public transit services and non- motorized transportation facilities is an essential municipal service within the meaning of Article VII, Section 9 of the Florida Constitution and Section 125.01 ( 1 )(q), Florida Statutes. Section 125.01(1)(q), Florida Statutes, provides that upon consent through adoption of an ordinance by the governing bodies of affected municipalities given annually or for a term of years, the botmdaries of a municipal service taxing unit may include ~11 or part of the boundaries of a municipality. ARTICLE II PUBLIC TRANSIT AND NON-MOTORIZED TRANSPORTATION MUNICIPAL SERVICE TAXING UNIT Section 2.01. Creation. There is hereby created the Public Transit and Non-Motorized Transportation Municipal Service Taxing Unit pursuant to Section 125.01(1)(q), Florida Statutes. The boundaries o3 thc Unit shall include the entire unincorporated and incorporated areas of the County as indicated in the boundmies set forth and described in the Appendix, attached hereto and incorporated herein by reference. The purpose of the Unit is to provide and 3 facilitate public transit services and non-motorized transportation facilities within the Unit. The Board of County Commissioners shall be the governing board of the Unit. Section 2.02. Governing Board Powers. The Governing Board shall have the power to: Levy annually an ai valorem tax not to exceed .25 mils upon taxable real and personal property for the provision of essential facilities and municipal services within the Unit in the same manner as other county ad valorem taxes are levied; A. Adopt a budget at the same time and in the same manner as the Board prepares and adopts itt annual county budget and levies ad valorem taxes as provided by law; B. Separately maintain in a separate account the funds obtained from the levy of the tax. Those funds obtained from the levy of the ad valorem taxes shall be used solely for the purpose of providing public transit services and non-motorized transportation facilities within the boundaries of the Unit, including but not limited to opsrating expenses, planning, facility construction, pumhasing buses, equipment, ar_d other capital costs; C.Appropriate and expend revenue of the Unit; D. Contract to receive and expend money, to sue and be sued, and generally to perform all other acts necessary or incidental to the powers and duties granted by this resolution. 4 Reimburse tie County for funds advanced for the east-west fixed route service during the Ccunty's Fiscal Year 2003. ARTICLE III MISCELLANEOUS PROVISIONS Section 3.01. Declaration of exclusion from Administrative Procedures Act. Nothing contained in this resolution shall be construed or interpreted to include the Unit in the definition of agency contained in Section 120.52, Florida Statutes, or to otherwise subject the Unit to the application of the Administrative Procedures Act, Chapter 120, Florida Statutes. This declaration of intent and exclusion shall apply to all proceedings taken as a result of or pursuant to this resolution. Section 3.02. Severability. If any clause, section or provision of this resolution shall be declared unconstitutional or invalid for any reason or cause, the remaining portion of said resolution shall be in full force and effect and be valid as if such invalid portion thereof had not been incorporated herein. Section 3.03. Effective date. This Resolution shall take effect upon the enactment by the City of Fort Pierce City Commission, the City of Port St. Lucie City Council and the Town of St. Lucie Village Board of Aldermen of ordinances consenting to the inclusion of their respective entity within the 5oundaries of the Unit as required by Section 125.01(1)(q), Florida Statutes, within ninety (90) days from the date of adoption of this Resolution. In the event one or more of the municipalities does not adopt such an ordinance within this ninety (90) day period, this Resolution shall >ecome null and void. After motion and second, the vote on this resolution was as follows: Chairman Cliff Barnes Vice Chairman Paula Lewis Commissioner John Bruhn Commissioner Doug Coward Commissioner Frannie Hutchinson AYE AYE AYE AYE AYE puty ( PASSED AND DULY ADOPTED this 28th day of January, 2003. BOARD OF COUNTY COMMISSIoNERs ST. LUCIE COUNTY, FLORIDA BY: ~ ;~ ' Chairma/n APPROV~ AS TO FORM AND Coffnty Attorn~/~ 6 APPENDIX A BO-JNDARIES OF THE PUBLIC TRANSIT MUNICIPAL SERVICE TAXING UNIT Unincorporated and incorporated areas of St. Lucie County, Florida.