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 102-165 THROUGH 102-167 OF ARTICLE III OF CHAPTER 102 OF THE PASCO COUNTY CODE OF ORDINANCES; PROVIDING FOR THE LEVY, COLLECTION, AND ADMINISTRATION OF A ONE-CENT FUEL TAX ON MOTOR FUEL PURSUANT TO FLORIDA STATUTES SECTIONS 206.41(1)(e) AND 336.025(1)(b); DELINEATING THE EXCLUSIVE PURPOSE 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; AND PROVIDING FOR MODIFICATION THAT MAY ARISE FROM CONSIDERATION AT PUBLIC HEARING.

 

                                                                                                         

 

 

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.  By a vote of         to        , being at least a majority plus one vote of the membership of the Pasco County Board of County Commissioners, Chapter 102, Article III of the Pasco County Code of Ordinances is therefore amended and supplemented to include the following new sections:

Sec. 102-65 One-cent fuel tax on motor fuel levied.

 

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

Sec. 102-66 Exclusive purposes for use.

The one-cent fuel tax on motor fuel established pursuant to Sec. 102-65 shall be used exclusively by Pasco County for advance right-of-way acquisition and other transportation expenditures needed to meet the requirements of the capital improvements element of the Comprehensive Plan adopted by Pasco County, as authorized by F.S. §336.025(1)(b) 3. 

Sec. 102-67 Distribution of tax revenues.

The distribution of the tax revenues generated from the one-cent local option gas tax described in Sec. 102-65 shall be in accordance with the provisions of F.S. §336.025(4).

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 with the Florida Department of Revenue 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