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 –
“Second-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 advanced right-of-way acquisition and the possibility of levying a second one-cent local option motor fuel tax. Based on that discussion, the Office of the County Attorney has prepared the attached draft of an ordinance to levy this second 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 proposes that the revenues from this second one-cent tax could be used for paving of existing graded roads. Staff has advised that Pasco County maintains over 200 miles of limerock and dirt roads. It costs the County over a million dollars a year to maintain these roads. Although the majority of these roads are local roads in functionality, there are some roads that if improved could function as collector roads which would help the County’s current major road network. Currently there is no funding to improve these roads other than the County’s Paving Assessment program whereby the County provides the money to improve the roads and the property owners benefited by the improvements pay back the County. Additional funding would help reduce the County’s yearly maintenance cost on these roads and benefit the County’s existing major road network. For the Board’s information, staff has identified such roads on the attached table that also includes some cut through paved roads. However, this not a complete list and the Board may consider adding and/or deleting any projects as it deems necessary based on the available right-of-way, cost, and benefit to the network and provided that the improvement 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 the paving of existing graded roads. 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 this 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 Tentative Proposed Projects
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)