BY THE BOARD OF COUNTY COMMISSIONERS      ORDINANCE NO. 02- .

AN ACT TO BE ENTITLED

AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF PASCO COUNTY, FLORIDA, AUTHORIZING THE CREATION AND INCLUSION IN THE CODE OF SECTIONS 102-160 THROUGH 102-161 OF ARTICLE III OF CHAPTER 102 OF THE PASCO COUNTY CODE OF ORDINANCES; PROVIDING FOR THE LEVY, COLLECTION, AND ADMINISTRATION OF THE NINTH-CENT FUEL TAX ON MOTOR FUEL PURSUANT TO FLORIDA STATUTES SECTIONS 206.41(1)(c) AND 336.021; DELINEATING THE EXCLUSIVE PURPOSES FOR WHICH THE MONIES RECEIVED FROM SAID TAX MAY BE USED; PROVIDING FOR REPEAL OF OTHER CONFLICTING ORDINANCES OR CONFLICTING PORTIONS OF OTHER ORDINANCES; PROVIDING FOR SEVERANCE; PROVIDING FOR MODIFICATION THAT MAY ARISE FROM CONSIDERATION AT PUBLIC HEARING; AND PROVIDING FOR AN EFFECTIVE DATE;.

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF PASCO COUNTY, FLORIDA, AS FOLLOWS:

1. Inclusion in code.  It is the intent of the Board of County Commissioners that the provisions of this ordinance shall become, and be made a part of, the Pasco County Code of Ordinances, and that the sections of this ordinance may be re-numbered or re-lettered and the word ‘ordinance’ may be changed to ‘section,’ ‘article,’ ‘regulation,’ or such other appropriate word or phrase as may be necessary in order to accomplish this intent. 

2. New sections of code adopted.  Chapter 102, Article III of the Pasco County Code of Ordinances, by extraordinary vote of the Pasco County Board of County Commissioners, is therefore amended and supplemented to include the following new sections:

Sec. 102-60 Ninth-cent fuel tax on motor fuel levied.

          Pursuant to the powers granted by F.S. § 206.41(1)(c) and §336.021, commencing 1 January 2003, there shall be levied a ninth-cent fuel tax upon every gallon of motor fuel sold in the county and taxed under F.S. ch. 206.  The ninth-cent shall be collected and administered in accordance with F.S. §336.025.

Sec. 102-61 Exclusive purposes for use.

The ninth-cent fuel tax on motor fuel shall be used exclusively by Pasco County for transportation expenditures related to maintenance, of every type described in F.S. §336.025(7), and for street lighting, as authorized by F.S. §336.025(7)(d), and for advanced right-of-way acquisition as authorized by F.S. §336.025(7).

3. Repealer. Any and all other ordinances or portions thereof that conflict or are inconsistent with any of the provisions of this ordinance are hereby repealed to the extent of any such conflict or inconsistency.

4. Severability.  If a court of competent jurisdiction holds any section, subsection, sentence, clause, or provision of this ordinance invalid, the remainder of the ordinance shall remain valid in all respects.

5.  Modification after public hearing.  The Board of County Commissioners may direct that modifications be made to this ordinance following public hearing(s).

6. Effective date. Certified copies of this ordinance shall be filed with the Florida Department of State and the Florida Department of Finance by the Clerk of the Board of County Commissioners within ten (10) days after adoption by the Board of County Commissioners, and shall become law immediately upon filing with the Florida Department of State.

ADOPTED this  day of  2002.

(S E A L)

ATTEST:                                                                                                               BOARD OF COUNTY COMMISSIONERS

                                                                                                                               OF PASCO COUNTY, FLORIDA

BY:                                                                                  BY:    
         JED PITTMAN, CLERK                                                                                   ANN HILDEBRAND, CHAIRMAN

APPROVED AS TO LEGAL FORM AND SUFFICIENCY

OFFICE OF THE COUNTY ATTORNEY

BY:

                                                                           ATTORNEY