INTEROFFICE MEMORANDUM
Members of the Board of
County Commissioners
THROUGH: Robert D. Sumner SUBJECT: Pasco County One-Cent
County
Attorney
Local Option Motor Fuel Tax Ordinance
(for advance ROW acquisition) – “First-Cent”
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 a one-cent local option motor fuel tax pursuant to Florida Statutes Sections 206.41(1)(e) and 336.025(1)(b) (the “ELMS Five Cents Gas Tax”) to be used for the advance acquisition of right-of-way. Based on that discussion, the Office of the County Attorney has prepared the attached draft of an ordinance to levy this one-cent tax.
The revenue generated is required to be shared with the municipalities. Florida Statutes section 336.025(1)(b) provides that the moneys received may be used only for “transportation expenditures needed to meet the requirements of the capital improvements element of an adopted comprehensive plan. Expenditures for purposes of this paragraph shall not include routine maintenance of roads.”
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 that revenues shall be used exclusively by the County for 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 “transportation expenditures needed to meet the requirements of the capital improvements element of an adopted comprehensive plan” as authorized by Florida Statutes section 336.025(1)(b)3. 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 One-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 One-Cent Local Option Motor Fuel Tax Ordinance that the Board introduce the attached proposed ordinance and direct the County staff to advertise the same for the 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 One-Cent Local Option Motor Fuel Tax Ordinance; Summary of Potential Projects – Advanced Right of Way 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)