City attorney explains gas tax appeal

From: Lysia Bowling
Sent: Thursday, August 4, 2016 3:48 PM
To: P.C. Wu; Sherri Myers; Andy Terhaar; Larry B. Johnson; Gerald Wingate; Brian Spencer; Jewel Cannada-Wynn; Charles Bare; Don Kraher
Subject: City of Pensacola Appeal

Dear City Council President Bare and Members of City Council:

As you are aware, yesterday afternoon I sent to each of you a copy of the appeal which I filed with the Governor’s Office sitting as the Florida Administration Commission, pertaining to the issue regarding the County’s distribution of the Six Cent Local Option Fuel Tax. I would like to now provide you with a brief explanation as to why that measure was taken.

After a great deal of research and several communications with the Governor’s Office, I concluded that the City’s position in receiving its fair share of that revenue as provided by Florida statute required that an appeal be filed from the County’s adoption of its Resolution 2016-93 of July 14, 2016. The applicable procedure provided us with a 21-day period to file our appeal, with the outside deadline being today – August 4, 2016.

The City’s pledge to fulfill the bond covenants and the need to preserve our position in the event that efforts to resolve this dispute do not prove fruitful, compelled this step to be taken. If the City does not protect its position, its taxpayers will stand to lose approximately 7.3 million dollars in revenue. In the event that agreement with the County is reached, this appeal may be voluntarily withdrawn.

If any member of City Council requires further information, please do not hesitate to contact me.

Thank you,

Lysia H. Bowling
City Attorney