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HomeMy WebLinkAbout03-065RESOLUTION NO. 03-65 A RESOLUTION AMENDING RESOLUTION NO. 03-21 RENAMING THE "ST. LUCIE COUNTY PUBLIC TRANSIT AND NON-MOTORIZED TRANSPORTATION MUNICIPAL SERVICE TAXING UNIT" TO THE "ST. LUCIE CDUNTY PUBLIC TRANSIT MUNICIPAL SERVICE TAXING UNIT"; DELETING THE PROVISIONS FOR NON-MOTORIZED TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on January 28, 2003, the Board of County Commissioners adopted Resolution No. 03-21 which established the St. Lucie County Public Transit and Non-Motorized Transportation Municipal Services Taxing Unit, hereinafter referred to as the "Unit"; and, WHEREAS, Resolution No. 03-21 provided that the resolution would become effective upon the enactment by the City of Fort Pieme 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 boundaries of the Unit as required by Section 125.01(1)(q), Florida Statutes, within ninety (90) days from the date of adoption of the resolution; WHEREAS, Resolution No. 03-21 further provided that in the event one or more of the municipalities does not adopt such an ordinance within this ninety (90) day period, the resolution shall become null and void; and, WHEREAS, the municipalities have requested that Resolution No. 03-21 be amended to delete non-motorized transportation. NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: 1. Resolution No. 03-21 is hereby amended by amending Article I as follows: ARTICLE I INTRODUCTION Section 1.01. Definitions. When used in this Resolution, the following terms shall have the following meanings, unless the context clearly requires otherwise: §t~ uck thi o~gl, words are deleted; underlined words are added. "Board" shall mean the Board of County Commissioners of St. Lucie County, Florida.. "County" shall meaa St. Lucie County, a political subdivision of the State of Florida.. "Non-Motorized r'ranspoitation" shall mcan pcdcstiian and bicycle facilities, includiug 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-Motoiizcd Tlansportation Municipal Service Taxing Unit as created by Section 2.01. Section 1.02. Findings. It is hereby ascertained, determined and declared that: Pursuant to )a'ticle VI/I, 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 to 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 ord_nances. Section 125.31(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. The purpose of this resolution is to create the Public Transit and Non-Motmized Transportation Municipal Service Taxing Unit for the purpose of providing public transit services and non-motorized tiauspoitation 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 tke ensuing County fiscal year within the boundaries of the unit based upon the St. Lucie Urban Development Plan 2002-2006, 2025 Long Range Transportation Plan, and the "Fixed Route Transit Funding Issues in St. Lucie County" report adopted by the St. Lucie Metropolitan Planning Organization, and subsequent amendments to such plans. The t,emaiude~ of thc fuuds levied fo~ the unit shall be expended ou non-motorized t~mspottation facilities. words are deleted; underlined words are added. The Board hereby determines that the provision of public transit services and non- motohzed t~anspmlation 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. E 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 boundaries of a municipal service taxing unit may include all or part of the boundaries of a municipality. 2. Resolution N~. 03-21 is further amended by amending Article II as follows: ARTICLE II PUBLIC TRANSIT AND NON-MOTORIZED TRANSPORTATION MUNICIPAL SERVICE TAXING UNIT Section 2.01. Crealion. Them is hereby created the Public Transit and Nou-Motoiizcd Tlansportation Municipal Service Taxing Unit pursuant to Section 125.0I(1)(q), Florida Statutes. The boundaries of the Unit shall include the entire unincorporated and incorporated areas of the County as ind_cated in the boundaries set forth and described in the Appendix, attached hereto and incorporated herein by reference. The purpose of the Unit is to provide and facilitate public transit services and uon-motodzcd han~lJortation 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 ad 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 count)' ad valorem taxes are levied; Adopt a budget at the same time and in the same manner as the Board prepares and adopts its annual county budget and levies ad valorem taxes as provided by law; 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 a, id non-motorized h,msportation facilities within the boundaries of the Unit, including but not limited to operating expenses, planning, facility construction, purchasing buses, equipment, and other capital costs; Sh,~,.k ;I.,~.~1, words are deleted; und :rlined words are added. C. Appropriate and expend revenue of the Unit; 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. Reimburse tl'c County for funds advanced for the east-west fixed ~outc sca'vice during thc Ccuuty's Fiscal Ycat 2003. 3. Resolution N~. 03-21 is further amended by amending Article III as follows: 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. Effecttve date. This Rcsolt~tion Resolution No. 03-21, as amended herein, 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 boundaries of the Unit as required by Section 125.01(1)(q), Florida Statutes, within ninety (90) days flora the date of adoption of this Resolution on or before ,-une 1, 2003. In the event one or more of the municipalities does not adopt such an ordinance w thin this ninety (90) day period on or before June 1, 2003, this Resolution shall become nul and void. Sh u~k ;l,,,~,,~h words are deleted; underlined words are added. 4 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 PASSED AND DULY ADOPTED this 23rd day of April, 2003. BOARD OF COUNTY COMMISSIONERS words are dele ed; underhned words are added APPENDIX A BOUNDARIES OF THE PUBLIC TRANSIT MUNICIPAL SERVICE TAXiNG UNIT Unincorporated and incorporated areas of St. Lucie County, Florida. St,,,,.k tl.~,u~h words are deleted; underlined words are added.