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2018-R-04 - Support County for Ballot Question RESOLUTION NO.2018-R-04 A RESOLUTION OF THE CITY OF EDGEWATER, FLORIDA REQUESTING AND SUPPORTING THE COUNTY COUNCIL OF VOLUSIA COUNTY PLACING A BALLOT QUESTION ON THE 2018 ELECTION BALLOT FOR A ONE-HALF CENT INFRASTRUCTURE SALES TAX TO BE LEVIED FOR TWENTY YEARS; PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICTING RESOLUTIONS AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 212.055(2), Florida Statutes (2017), authorizes Volusia County to impose a one-half percent of one percent local government infrastructure surtax upon transactions occurring within Volusia County which are taxable under Chapter 212,Florida Statutes(2017); WHEREAS, a one-half percent surtax, under current State sales tax laws, would result in a one-half cent surtax on each one dollar sale as specifically provided in the Florida Statutes; WHEREAS, funds generated by the local government infrastructure surtax authorized by Section 212.055(2), Florida Statutes (2017), shall be utilized by Volusia County, the City of Edgewater and the other municipalities of Volusia County to finance, construct, reconstruct, maintain, repair and improve public infrastructure including long term capital maintenance and useful life extension of public infrastructure projects such as new and improved sidewalks near schools, roadway improvements including expansion and major resurfacing, reducing traffic congestion, local flood control and improving water quality and such other similar uses authorized under Florida law for the use and benefit of the citizens of Volusia County and the general public; WHEREAS, a sales tax levied on all taxable sales to non-residents and residents alike 1 #2018-R-04 within Volusia County and,a significant portion of the infrastructure sales tax will be paid by non- permanent residents such as short term and seasonal visitors ("Non-Permanent Residents"); historically, 40% of all sales tax revenue in Volusia County is paid by Non-Permanent Residents according to Mid-Florida Marketing& Research, Inc.; WHEREAS, this is fair and equitable as Non-Permanent Residents contribute- significantly to road congestion and wear and tear on roadways and other public infrastructure; WHEREAS, since such infrastructure projects have a long useful life and funding would be costly to the current citizens of Volusia County, it is fair and equitable that the current and future Non-Permanent Residents and future permanent residents who will also benefit from such infrastructure improvements share in the cost of these projects; WHEREAS,the infrastructure sales tax will allow Volusia County,the City of Edgewater and other municipalities within Volusia County to use current fiscal and monetary resources for other existing and needed municipal services; absent the sales tax the costly infrastructure projects identified for this infrastructure sales tax would either be further delayed or would require the use of significant portions of existing fiscal and monetary resources to fund their respective infrastructure needs; WHEREAS, the sales tax revenue generated by the infrastructure sales tax will be allocated pursuant to State law guaranteeing the City of Edgewater our sister cities and Volusia County with a specified share of the revenue generated by this tax; WHEREAS, the revenue generated by the infrastructure sales tax may be used for matching state and federal funds to generate significantly more funding for infrastructure projects in the City of Edgewater and in Volusia County; 2 #2018-R-04 WHEREAS, adequate public infrastructure facilities of the types hereinabove described promote the safe, efficient, and uninterrupted provision of numerous general and essential public services provided by Volusia County, the City of Edgewater and the other municipalities within the County and other related uses as allowed under Florida law; WHEREAS, the proceeds of such tax shall be distributed to the county and to municipalities within the county according to distribution formula provided by section 218.62, Florida Statutes; WHEREAS, the default formula allows a city to enter into interlocal agreement (s) with Volusia County and or a neighboring city to address infrastructure projects of mutual concern; WHEREAS, the City of Edgewater recommends that a citizens' oversight committee representing each city and the county should be established to annually review projects funded by the infrastructure sales tax that will issue reports to the Volusia County Council and each municipality to insure transparency and to provide the citizens of Volusia County with the assurance that funds are being spent in the manner approved by the voters; WHEREAS, Section 212.055(2), Florida Statutes (2017). requires voter approval in a county wide precinct referendum election prior to imposition of the local government infrastructure surtax. NOW,THEREFORE, be it resolved by the City Council of Edgewater,Florida: Section 1. The above provisions are hereby incorporated by reference herein. Section 2. The City of Edgewater hereby requests that the Volusia County Council submit to the citizens of Volusia County at the 2018 General Election whether there should be levied a one-half cent infrastructure sales tax for twenty years. Section 3. The City of Edgewater hereby suggests for consideration ballot 3 #2018-R-04 summary language substantially similar to the following: LOCAL GOVERNMENT INFRASTRUCTURE HALF-CENT SALES SURTAX. TO FUND PROJECTS FOR COUNTY AND MUNICIPAL PUBLIC FACILITIES RESTRICTED TO ROADS AND SIDEWALKS. BRIDGES, WATER QUALITY, STORMWATER AND FLOOD CONTROL, AND AMENITIES ANCILLARY TO THOSE FACILITIES. SHALL VOLUSIA COUNTY ORDINANCE BE APPROVED TO LEVY A ONE-HALF CENT SALES TAX FOR TWENTY YEARS; AND TO REQUIRE THAT THE COUNTY COUNCIL ESTABLISH A CITIZENS' ADVISORY OVERSIGHT COMMITTEE TO REVIEW THE USE OF PROCEEDS? FOR the half-cent sales tax AGAINST the half-cent sales tax Section 5. All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Section 6. This resolution shall take effect upon adoption. Section 7. This resolution shall take effect upon adoption. After Motion to approve by Councilwoman Power with Second by Councilman Blazi, the vote on the second reading/public hearing of this ordinance held on March 5, 2018 was as follows: AYE NAY Mayor Mike Ignasiak X Councilwoman Christine Power X Councilwoman Amy Vogt ABSENT Councilman Dan Blazi X Councilman Gary T. Conroy X 4 #2018-R-04 PASSED AND DULY ADOPTED this 5th day of March, 2018. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER FLORIDA '/ Robin L. Matusick Mike IgnasiakY City Clerk/Paralegal Mayor For the use and reliance only by the City of Edgewater. Approved by the City Council of the City of Approved as to form and legality by: Edgewater Florida at a meeting held on this 5th Aaron R.Wolfe,Esquire City Attorney day of March,2018. Doran,Sims,Wolfe&Ciocchetti 5 #2018-R-04 I iJ. 47/ - City of ILEDGE,WoridaATERAT March 8, 2018 Ed Kelley, County Chair, Volusia County 123 W. Indiana Avenue DeLand, FL 32720 Re: City of Edgewater Resolution#2018-R-04 Supporting County Council Infrastructure Sales Tax Dear Mr. Kelley: During the City of Edgewater City Council meeting held on March 5, 2018, Council approved the above-referenced Resolution supporting the Volusia County Council placing a ballot question on the 2018 election ballot for a one-half cent infrastructure sales tax. A copy of Resolution #2018-R-04 is enclosed for your information/files. Do not hesitate to contact my office at the number listed below if you have any questions. Sincerely, Megia 2? ✓,(ai aicii Robin L. Matusick City Clerk/Paralegal rmatusick aicityofedgewater.org /rim Enclosure Copies to: James T. Dinneen, County Manager. w/encl. Joseph Yarbrough, City Manager South Daytona, w/encl. (email) Office of the City Clerk/Paralegal P.O.Box 100•Edgewater,FL 32132-0100 (386)424-2400,Ext. 1101•Fax(386)424-2410 www.citwfedgewater.org (Letter/Ltr-20I 8-028)