PASCO COUNTY, FLORIDA
INTEROFFICE MEMORANDUM
THROUGH: Robert D. Sumner SUBJECT: Pasco County Ninth-Cent
County Attorney Local Option Motor Fuel Tax Ordinance Introduction:
5/21/02 – 9:30 am - DC
FROM:
Sidney W.
Kilgore
REFERENCES: Attached
backup
Assistant County Attorney
It is recommended that the following be given formal consideration by the Board of County Commissioners.
DESCRIPTION AND CONDITIONS:
On Thursday, 14 February 2002, the Board of County Commissioners conducted a Special Work Session to discuss various issues related to transportation funding, including the possibility of levying the ninth-cent local option motor fuel tax authorized by Florida Statutes Sections 206.41(1)(c) and 336.021. Based on that discussion, the Office of the County Attorney has prepared the attached draft of an ordinance to levy the ninth-cent tax.
Staff has estimated that the gross revenue generated by the ninth-cent fuel tax will be $1,097,774 in the first year and $1,463,699 per year thereafter. A copy of a Five Year Budget Estimate for Ninth Cent Gas Tax is attached hereto. The revenue generated is not required to be shared with the municipalities in the incorporated areas of the County.
Florida Statutes section 336.025(7) provides that the revenues may be used for the following programs:
(a) Public transportation operations and maintenance.
(b) Roadway and right-of-way maintenance and equipment and structures used primarily for the storage and maintenance of such equipment.
(c) Roadway and right-of-way drainage.
(d) Street lighting.
(e) Traffic signs, traffic engineering, signalization and pavement markings.
(f) Bridge maintenance and operation.
(g) Debt service and current expenditures for transportation capital projects in the foregoing program areas, including construction and reconstruction of roads.
Pursuant to the Board’s discussion at the workshop, it is anticipated by staff that the entire first year and a portion of the second year revenues will be expended essentially on equipment, labor and material for the expansion of current road maintenance crews. There will be a recurring cost for the maintenance crew in the subsequent years. The attached Five Year Budget Estimate sets forth the projected revenues available for other services in the subsequent years (i.e. Y2 $469,095; Y3 $801,314; Y4 $783,827; Y5 $765,425). These revenues in the subsequent years may be used for any of the programs listed above which would include additional maintenance crews, street light installation and maintenance, and advance right-of-way acquisition.
Staff recommends that the excess revenues in subsequent years be used for installation and maintenance of street lighting. Staff has advised that one of the major factors of nighttime traffic accidents on the County’s collector and arterial roadways (including Department of Transportation) has been identified as lack of street lights. Department of Transportation (DOT) has identified U. S. 19 from Pinellas County to Denton Avenue as a high nighttime crashes roadway. DOT has studied the roadway link and determined street lights along the roadway will reduce night time accidents. DOT has agreed to fund the capital construction for street lights provided the County maintains them and pays for energy charges. DOT is also willing to fund capital cost for street lights on its existing roadway expansions under construction or future expansions provided the County maintains the street lights upon completion and pays for energy charges. The County is already maintaining and paying energy charges on some of DOT’s roadways. The County provides street lights on its collector and arterial roadways only at the major intersections. If County is to provide better street lights on its current and future main roadways and also pay for the maintenance and energy costs on DOT roads, additional funding is necessary. Staff has further advised that the additional ninth-cent gas tax revenue, although not sufficient, will help resolve street light deficient roadways in the County. For the Board’s information, staff has complied a list of potential DOT and County roadways for street light projects which is attached hereto.
The Board may wish to alternatively consider the acquisition of advance right-of-way with the excess revenues. Staff has advised that road right-of-way acquisition is the most expensive and lengthy phase of any capital roadway improvement project. The Department of Transportation (DOT) estimates that cost of right-of-way acquisition for its roadway expansion escalates at a rate of ten percent (10%) per year. Generally roadway expansion takes 5 – 7 years from the time the preliminary engineering (route study) is complete. Generally funds for right-of-way acquisition are programmed following completion of design and permitting (2 – 4 years from the time the PD&E is complete). This time lag escalates cost of right-of-way acquisition. Also, property owners who are affected by the proposed roadway experience difficulties due to uncertainties of right-of-way acquisition time frame. Additional funding to acquire right-of-way in advance based on preliminary engineering will reduce future cost of property acquisition, reduce time required for acquisition and will provide alternatives to affected property owners if they wish to sell property in advance. For the Board’s information, staff has prepared a list of potential projects for advanced right-of-way acquisition which is attached hereto. However, this not a complete list and the Board may consider adding and/or deleting any projects as it deems necessary provided that the project is related to a requirement of the capital improvement element of the adopted comprehensive plan.
You will note that the proposed ordinance as drafted provides under the “Exclusive purposes for use” section for all of these uses discussed above (i.e. maintenance, street lighting, and advanced right- of -way acquisition). This section does not need to be specific and could merely provide that the revenues can be used for any of the programs authorized by Florida Statutes section 336.025(7) and as outlined above. Accordingly, this office needs direction from the Board as to whether it wishes to be general or specific in this section and if specific, what exclusive purposes the Board wants listed.
Finally, in light of the policy nature of this ordinance and the fact that the ordinance must be adopted and filed with the State prior to July 1st, this office and staff do not recommend that the ordinance be referred to CORC.
ALTERNATIVES AND ANALYSIS:
1. Introduce the proposed Ninth-Cent Local Option Motor Fuel Tax Ordinance.
2. Require additional or alternative terms for the proposed Ordinance.
3. Do not introduce the proposed Ordinance.
RECOMMENDATIONS AND FUNDING:
The Office of the County Attorney recommends that if the Board desires to pursue the Ninth-Cent Local Option Motor Fuel Tax Ordinance that the Board introduce the attached proposed Pasco Ninth-Cent Local Option Motor Fuel Tax Ordinance and direct the County staff to advertise the same for appropriate public hearings in New Port Richey on 4 June 2002 and in Dade City on 11 June 2002.
No funding is required for this item.
Attachments: Proposed Pasco County Ninth-Cent Local Option Motor Fuel Tax Ordinance; Five Year Budget Estimate for Ninth Cent Sales Tax, Summary of Potential Projects – Street Lights; Summary of
Potential Projects – Advanced ROW Acquisition
cc: Bipin Parikh, P.E., Assistant County Administrator (Development Services)
Michael Nurrenbrock, OMB Director
James C. Widman, P.E., Engineering Services Director
Gregory T. Riski, P.E., Assistant Engineering Services Director
Kevin Sumner, Administrative Services Manager (Development Services)