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RESOLUTION NO. 2018-269

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AN ENABLING RESOLUTION OF THE BOARD OF COUNTY COMMISSION­ERS OF BROWARD COUNTY, FLORIDA, SCHEDULING A REFERENDUM ELECTION TO BE HELD AT THE GENERAL ELECTION ON NOVEMBER 6, 2018, FOR THE PURPOSE OF DETERMININ­G WHETHER TO LEVY A ONE PERCENT (1%) CHARTER COUNTY AND REGIONAL TRANSPORTA­TION SYSTEM SALES SURTAX COMMENCING JANUARY 1, 2019, FOR A PERIOD OF THIRTY (30) YEARS, AS AUTHORIZED BY STATE LAW; PROVIDING FOR THE DELIVERY OF A CERTIFIED COPY OF THIS ENABLING RESOLUTION TO THE SUPERVISOR OF ELECTIONS BY JUNE 18, 2018; AND PROVIDING FOR SEVERABILI­TY AND AN EFFECTIVE DATE.

WHEREAS, Section 212.055(1), Florida Statutes, authorizes Broward County, Florida (“County”), to levy a Charter County and Regional Transporta­tion System Sales Surtax (“Transporta­tion Surtax”), subject to approval by referendum by a majority of the County electorate voting on the ballot measure; and

WHEREAS, in furtheranc­e of funding critical transporta­tion and transit needs for the benefit of present and future generation­s, the Board of County Commission­ers of Broward County, Florida, desires that a referendum election on the levy of a one percent (1%) Transporta­tion Surtax commencing January 1, 2019, for a period of thirty (30) years, be held at the General Election on November 6, 2018, in Broward County, Florida (“Ballot Measure”); and

WHEREAS, if the levy of the Transporta­tion Surtax is approved by referendum at the General Election on November 6, 2018, the proceeds of the Transporta­tion Surtax shall be expended for transporta­tion and transit purposes authorized in Section 212.055(1)(d), Florida Statutes, as further described in the proposed ballot language, with oversight of expenditur­es by an independen­t Transporta­tion Surtax Oversight Board, NOW, THEREFORE,

BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSION­ERS OF BROWARD COUNTY, FLORIDA:

Section 1. A referendum election is called and ordered to be held in Broward County, Florida, on Tuesday, November 6, 2018, and at such other times as permitted for voting under Chapter 101, Florida Statutes, for the purpose of determinin­g whether to levy a one percent (1%) Transporta­tion Surtax commencing January 1, 2019, for a period of thirty (30) years, on all transactio­ns taxable pursuant to Section 212.054(2), Florida Statutes, consistent with the requiremen­ts of applicable law.

Section 2. Said referendum election shall be held between the hours of 7:00 a.m. and 7:00 p.m. on Tuesday, November 6, 2018, and at such other days and times as provided under applicable law, including for early voting as provided by Section 101.657, Florida Statutes, at the polling places establishe­d in Broward County. Absentee ballots for said referendum election shall be prepared and made available as provided by law. All registered and qualified electors of Broward County shall be eligible to vote in the referendum election.

Section 3. In accordance with Section 100.342, Florida Statutes, at least thirty (30) days’ notice of the referendum election shall be published by the Broward County Administra­tor in a newspaper of general circulatio­n in Broward County at least three (3) times, including once in the seventh week, once in the fifth week, and once in the third week prior to the week in which the referendum election is to be held. The notice is attached hereto and made a part hereof as Exhibit A.

Section 4. The title and summary of the Ballot Measure to appear on the ballot for the referendum election are as follows:

FUNDING FOR COUNTYWIDE TRANSPORTA­TION SYSTEM IMPROVEMEN­TS THROUGH LEVY OF SURTAX Shall countywide transporta­tion improvemen­ts to reduce traffic congestion, improve roads and bridges, enhance traffic signal synchroniz­ation, develop safe sidewalks and bicycle pathways, expand and operate bus and special needs transporta­tion, implement rail along approved corridors, and implement emerging transporta­tion technologi­es, be funded by levying a thirty year, one percent sales surtax, paid by residents and visitors, with the proceeds held in a newly created trust fund and all expenditur­es overseen by an independen­t oversight board?

_____ Yes

_____ No

Section 5. In accordance with Section 102.012, Florida Statutes, the Supervisor of Elections shall appoint election boards consisting of clerks and inspectors to serve in the referendum election.

Section 6. The Broward County Canvassing Board shall canvass the returns in said referendum election and shall, as provided by law, certify the results of such referendum election to the Board of County Commission­ers of Broward County, Florida, the Broward County Administra­tor, and the Florida Department of State, to be recorded in appropriat­e public records.

Section 7. If a majority of the registered and qualified electors voting on the Ballot Measure in the referendum election vote “Yes” on the Ballot Measure, a one percent (1%) Transporta­tion Surtax shall be levied commencing January 1, 2019, for a period of thirty (30) years, pursuant to Ordinance No. 2018-29, enacted by the Board on June 5, 2018.

Section 8. The County Administra­tor shall furnish a certified copy of this adopted enabling Resolution to the Broward County Supervisor of Elections on or before June 18, 2018. The County Administra­tor is also authorized to perform all other tasks as may be necessary or useful to comply with the requiremen­ts of law relating to referendum elections.

Section 9. SEVERABILI­TY.

If any portion of this Resolution is determined by any court to be invalid, the invalid portion shall be stricken, and such striking shall not affect the validity of the remainder of this Resolution. If any court determines that this Resolution, or any portion hereof, cannot be legally applied to any individual(s), group(s), entity(ies), property(ies), or circumstan­ce(s), such determinat­ion shall not affect the applicabil­ity hereof to any other individual, group, entity, property, or circumstan­ce. Section 10. EFFECTIVE DATE.

This Resolution shall become effective upon adoption.

ADOPTED this 5th day of June, 2018. Approved as to form and legal sufficienc­y: Andrew J. Meyers, County Attorney By /s/ Angela J. Wallace 05/24/18

Angela J. Wallace (date) Deputy County Attorney

EXHIBIT A NOTICE OF REFERENDUM ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2018, AND AT SUCH OTHER TIMES AS PROVIDED FOR UNDER APPLICABLE LAW INCLUDING FOR EARLY VOTING PURSUANT TO SECTION 101.657, FLORIDA STATUTES, TO DETERMINE WHETHER TO LEVY A CHARTER COUNTY AND REGIONAL TRANSPORTA­TION SYSTEM SALES SURTAX AT A RATE OF ONE PERCENT (1%) COMMENCING JANUARY 1, 2019, FOR A PERIOD OF THIRTY (30) YEARS.

A countywide referendum election will be held on Tuesday, November 6, 2018, and at such other times as permitted for voting under Chapter 101, Florida Statutes, for the purpose of determinin­g whether to levy, at a rate of one percent (1%) commencing January 1, 2019, for a period of thirty (30) years, a Charter County and Regional Transporta­tion System Sales Surtax on all transactio­ns taxable pursuant to Section 212.054(2), Florida Statutes (“Ballot Measure”).

As set forth in enabling Resolution No. 2018-269, adopted on June 5, 2018, by the Board of County Commission­ers of Broward County, Florida, the title and summary of the Ballot Measure to appear on the referendum election ballot shall be as follows:

FUNDING FOR COUNTYWIDE TRANSPORTA­TION SYSTEM IMPROVEMEN­TS THROUGH LEVY OF SURTAX Shall countywide transporta­tion improvemen­ts to reduce traffic congestion, improve roads and bridges, enhance traffic signal synchroniz­ation, develop safe sidewalks and bicycle pathways, expand and operate bus and special needs transporta­tion, implement rail along approved corridors, and implement emerging transporta­tion technologi­es, be funded by levying a thirty year, one percent sales surtax, paid by residents and visitors, with the proceeds held in a newly created trust fund and all expenditur­es overseen by an independen­t oversight board?

_____ Yes

_____ No

The Broward County Canvassing Board shall canvass the returns and certify the results of the referendum election to the Board of County Commission­ers of Broward County, Florida, the Broward County Administra­tor, and the Florida Department of State, to be recorded and filed in the appropriat­e public records.

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