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HomeMy Public PortalAboutPBC - Gas Tax Local OptionMs Rita L Taylor .-7_ _ 0dy `f v l/ A-d,�aY / �?3 .yt,c AMENDMENT #1 TO INTERLOCAL AGREEMENT This Amendment to the Interlocal Agreement dated August, 1993, by and between Palm Beach County, a political subdivision of the State of Florida, (hereinafter referred to as "COUNTY") and THE TOWN OF GULFSTREAM a municipality located in Palm Beach County, Florida (hereinafter referred to as "MUNICIPALITY") is made and entered into this day of MAY 2 1995 , 1995 . W I T N E S S E T H: WHEREAS, Section 336.025(1)(b), Florida Statutes, authorizes the levy of 1, 2, 3, 4, or 5 cent local option gas tax within the COUNTY; and WHEREAS, the COUNTY and MUNICIPALITY entered into an Interlocal Agreement in August, 1993, to provide for the distribution formula for dividing the proceeds of the tax among the COUNTY and all eligible MUNICIPALITIES within the COUNTY; and WHEREAS, the parties now wish to amend the Interlocal Agreement to provide periodic reviews of the method of distribution of local option gas tax revenues as referred to in Section 336.025(1)(d). NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, and for such other good and valuable consideration, the receipt of which the parties hereby expressly acknowledge, the parties hereto agree to amend the Interlocal Agreement as follows: 1. A new paragraph 15 shall be added to provide: The parties agree to meet every two (2) years to review the method of distribution of the local option gas tax revenues in accordance with Section 336.025(1)(d), Florida Statutes. The MUNICIPALITIES shall be collectively represented at such meetings by the Palm Beach County Municipal League, Inc. and the COUNTY by representatives as selected by the County Administrator's office. Either the Municipal League or the County may call for such meeting by providing thirty (30) days notice to the other as set forth in paragraph 11 herein. 2. All other terms and conditions of the Interlocal Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals in the day set forth above. ATTEST: (NAME OF MUNI PALITY) ---� - �J By: i By: / (11'&6. P Municipal C rk V Mayor / ATTEST: DOROTHY H. WILKEN, Clerk _ OF. --BOA / �j i c PQM BFB ! Q BY: .tit-�r� u,e�� COIASpT. Deputy Clerk 5 ,p R IDI APPROVED AS TO FORM AND LEGAL SUFFICIENCY ��/ By: `l�Gf &tl - ?`� ��,l�l!� ounty Attorney G:\...\LNewton\AGM\GasTax2.AGM 2 BEACH COUNTY, FLORIDA BY ITS 4f0�COUNTY COMMISSIONERS r MAY 21965 R95 5450 EXHISIT'A' INCORPORATED PALM BEACH COUNTY POPULATION AND LANE MILES DISTRIBUTION END OF YEAR 1994 PERCENT OF PERCENT OF PERCENT INCORPORATED TOTAL INC. INCORPORATED TOTALINC. LOCAL CITY POPULATION POPULATION LANE MILES LANE MILES DISTRIBUTION Atlantis 1,685 0.34 24.0 0.77 0.639 Belle Glade 17,139 3.48 134.3 4.29 4.047 Boca Raton 65,901 13.37 502.0 16.04 15.240 Boynton Beach 48,848 9.91 244.4 7.81 8.440 Briny Breezes 398 0.08 0.0 0.00 0.024 Cloud Lake 121 0.02 1.4 0.04 0.039 Delray Beach 49,298 10.00 392.1 12.53 11.771 Glen Ridge 215 0.04 3.3 0.11 0.087 Golf Village 193 0.04 7.0 0.22 0.168 Golfview 151 0.03 2.4 0.08 0.063 Greenacres City 22,742 4.61 24.5 0.78 1.932 Gulfstream 708 0.14 10.0 0.32 0.267 Haverhill 1,193 0.24 8.8 0.28 0.269 Highland Beach 3,256 0.66 4.0 0.13 0.288 Hypoluxo 1,127 0.23 1.3 0.04 0.098 Juno Beach 2,258 0.46 3.6 0.12 0.218 Jupiter 27,809 5.64 141.0 4.51 4.846 Jupiter Inlet Colony 410 0.08 5.4 0.17 0.146 Lake Clarke Shores 3,646 0.74 27.7 0.89 0.842 Lake Park 6,805 1.38 59.4 1.90 1.743 Lake Worth 29,125 5.91 194.2 6.21 6.117 Lantana 8,379 1.70 61.0 1.95 1.874 Manalapan 324 0.07 9.2 0.29 0.226 Mangonia Park 1,419 0.29 14.0 0.45 0.400 North Palm Beach 11,836 2.40 52.3 1.67 1.890 Ocean Ridge 1,615 0.33 26.0 0.83 0.680 Pahokee 6,937 1.41 18.4 0.59 0.834 Palm Beach 9,855 2.00 94.6 3.02 2.716 Palm Beach Gardens 30,046 6.10 114.0 3.64 4.379 Palm Beach Shores 1,039 0.21 10.3 0.33 0.294 Palm Springs 9,798 1.99 26.0 0.83 1.178 Riviera Beach 27,259 5.53 208.0 6.65 6.312 Royal Palm Beach 16,720 3.39 156.8 5.01 4.525 South Bay 4,027 0.82 31.0 0.99 0.939 South Palm Beach 1,483 0.30 0.0 0.00 0.090 Tequesta 4,567 0.93 45.2 1.45 1.290 West Palm Beach 74.622 15.14 471.7 15.07 15.093 492,954 3129.3 100 -+4 ENGINEERING & PUBLIC WORKS DEPARTMENT e P. O. Box 3366 CZtWest Palm Beach, Florida 33402 y Engineering/Streets - Tel: 659-8040 O f Solid Waste/Street Lighting - Tel: 659-8047 J Fax: 407/659-8039 `best (Palm Beach "The Orchid City" May 12, 1995 Jack Horniman Palm Beach County Municipal League Palm Beach County Governmental Center P.O. Box 1989 West Palm Beach, FL 33401 Subject: Local Option Gas Tax Amended Distribution for Cities - Yearly Review Dear Mr. Homiman: :7 E Under the State Statutes and interlocal agreements between the Cities and Count* local option gas tax distribution is reviewed each year for changes in population and lane miles of road maintenance. Twenty of the thirty-seven municipalities responded to the request for an update in lane miles. As coordinator for the Palm Beach County Municipal Leagues, submitted herewith is a copy of Wstribution by city of Exhibit `A' to the agreement as of the end of the year 1994. The agreement calls foldates to be forwarded to the County and the County is to notify the Department of RevenuebyJune 1, 1995, of the updated distribution for the coming year. Confirmation of the Department of Revenue notification is requested. • If there is any question, or if this office can be of further assistance, please do not hesitate to call. Sincerely, Lee W. -Collum Director of Engineering and Public Works Attachment: Exhibit `A' cc: George Webb, Palm Beach County Engineer Maureen Cullen, Palm Beach County Chief Assistant Attorney Haney Frakes, Palm Beach County Assistant Engineer LWC/JEH/k: gtrevltr.wpd • • i • C > u I BE A PART OF HISTORY! WEST PALM BEACH CENTENNIAL COMMITTEE R2005 0069 AMENDMENT #2 TO INTERLOCAL AGREEMENT THIS AMENDMENT #2 to the Interlocal Agreement dated August, 1993 and amended in May, 1995, by and between Palm Beach, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY" and TOWN OF GULF STREAM a municipal corporation located in Palm Beach County, organized and existing in accordance with the laws of the State of Florida, hereinafter referred to as the "MUNICIPALITY", is made and entered into this day of JAM 11 2005 , 2864 ("Amendment #2"). WITNESSETH: WHEREAS, Section 336.025(l)(b), Florida Statutes, authorizes a one (1), two (2), three (3), four (4), and/or five (5) cent local option gas tax ("the Tax") to be levied upon the sale of every gallon of motor fuel and special fuel within the COUNTY; and WHEREAS, the COUNTY and various MUNICIPALITIES entered into an Interlocal Agreement in August of 1993 which was amended by the parties in May, 1995, ("Interlocal Agreement') to provide for the distribution formula for dividing the proceeds of the tax among the COUNTY and all eligible municipalities within the COUNTY; and WHEREAS, the creation of a new municipality (the Village of Wellington) in Palm Beach County negatively impacted the existing eligible municipalities, with no impact on the COUNTY, in terms of this distribution formula; and WHEREAS, the dissolution of an existing municipality (the Town of Golfview) in Palm Beach County positively impacted, although in a minute way, the existing eligible municipalities, with no impact on the COUNTY, in terms of this distribution formula; and WHEREAS, the COUNTY and the MUNICIPALITY wish to amend the Interlocal Agreement to provide for an equitable sharing of the impact of either the future creation of a new municipality or the future dissolution of a municipality in Palm Beach County; and WHEREAS, representatives of the COUNTY and the various municipalities, utilizing the Palm Beach County League of Cities, Inc. (Successor to the Palm Beach County Municipal League - 1 - Inc.), have met and negotiated mutually acceptable terms and conditions for this Amendment #2 which are set forth herein; and WHEREAS, this Amendment #2 will allow for more predictable financial planning for these proceeds by the MUNICIPALITY and the COUNTY; and WHEREAS, the Florida Legislature, under advisement from the Palm Beach County Legislative Delegation, is the governmental entity which lawfully creates new municipalities and under one method is similarly involved in dissolving a municipal corporation; and WHEREAS, the COUNTY and the MUNICIPALITY, in conjunction with the Palm Beach County League of Cities, Inc., intends that Palm Beach County Legislative Delegation and the Florida Legislature (and Governor if deemed necessary) be made aware of this Amendment #2 and appropriately incorporate its provisions in any related future legislation. NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained and for such other good and valuable consideration, the receipt of which the parties hereby expressly acknowledge, the parties hereto covenant and agree to amend the terms and conditions of the Interlocal Agreement as follows: Section 1: Section 2. of the Interlocal Agreement shall be amended by the addition of new subsections "C" "D" and "E" which shall hereafter read as follows: 2A. (This subsection shall remain in full force and effect as set forth in the Interlocal Agreement) 2B. (This subsection shall remain in full force and effect as set forth in the Interlodal Agreement) 2C. In the event a new municipality is incorporated in Palm Beach County, its share of the tax collected pursuant to the ordinance referenced in the Agreement shall be provided from the shares formerly allocated to the county and the collective municipalities as set forth below. In the first full fiscal year following incorporation, the new - 2 - municipality will receive a sum based solely on its population as opposed to the usual distribution formula of lane miles and population as set forth in Section 3. of the Interlocal Agreement. Said sum shall be determined by multiplying the population of the new municipality times the municipal per capita distribution amount from the most recently available fiscal year and shall be funded from the county's and collective municipalities' shares in accordance with the same percentages due to the county and the collective municipalities as set forth in Section 2A above or any amendment thereto (i.e. currently seventy-nine percent (79%) from the county's share and twenty-one percent (21%) from the collective municipalities' share; see Attachment 1 attached hereto which shows an example of the calculations for a hypothetical new municipality with a population of 40,000). a. The combined county and collective municipalities' contributions shall equal one hundred percent (100%) of the new municipality's share. b. Section 3. below shall continue to apply as the distribution formula for the remaining municipalities after their contribution to the new municipality's amount as set forth in Section 2C 1 above. 2. In the subsequent fiscal years after the first full fiscal year following incorporation of the new municipality: a. The percentage allocated to the county as set forth in Section 2A above or any current amendment thereto, shall be amended by reducing it in an amount that reflects the county's contribution to the new municipality's amount as set forth in Section 2C1, above. b. Likewise, the percentage allocated to the collective municipalities, including the new municipality, as set forth in Section 2A above or any current amendment thereto, shall be amended by increasing it in an amount that reflects the county's contribution to the new municipality's - 3 - amount as set forth in Section 2C 1 above. C. Section 3. below shall apply to the new municipality in all annual distributions in the years after the first full fiscal year following incorporation of the new municipality. 2D. In the event an existing municipality in Palm Beach County is dissolved, the former municipality's share of the gas tax shall be distributed to the county and to the remaining collective municipalities by applying in reverse the process set forth in Section 2C, above. 2E. In the event of proposed legislation which would either create or dissolve a municipality in Palm Beach County, the county and the subject municipality agree that the Palm Beach County Legislative Delegation and the Florida Legislature (and Governor, if deemed necessary) be made aware of this Amendment 92 and appropriately incorporate its provisions into such proposed legislation. The subject municipality may accomplish this by supporting the Palm Beach County League of Cities, Inc., as the organization that is in place to convey municipal consensus on legislative matters. Section 2: This Amendment #2 shall be attached to the Interlocal Agreement and shall become a part thereof. All other Sections of the current Interlocal Agreement shall remain in full force and effect as set forth in that Agreement and there shall be no changes to that Agreement with the exception of those items specifically set forth in this Amendment #2. Section 3: This Amendment #2 to the Interlocal Agreement shall take effect only upon execution both by the COUNTY and those municipalities representing a majority of the population of the incorporated areas of the COUNTY. In the event that either the COUNTY fails to execute this Amendment #2 or in the event that those municipalities representing a majority of the population of the incorporated areas of the COUNTY fail to execute this Amendment #2, then this Amendment #2 shall be null and void and the parties hereto shall have no further rights or responsibilities hereunder. IN WITNESS WHEREOF, the parties hereto have set their hands and seals in the day set - 4 - forth above. ATTEST: TOWN OF GULF STREAM . By: — G4L By: [7,' _Town Clerk 4ayo& R2005�0069 (SEAL) )AN2W Sharon R. ...�..�, t�fel1t mptroller ATTEST: P�$ach PALM BEACH COUNTY, FLORIDA BY By ITS BOARD OF COMMISSIONERS s i Dept' :cn By. By: h County C L S y * Chair Tony Masilotti, Chairman (SEAL) Addie L. Greene, Vice Chairperson Approved as to Temis and Conditions APPROVED A,5 TO ; . ,m AND LEGAL SUFFICIENCY SY �cupp - lm; CM4 Anomer - 5 - FROM : PBC LEPGUE CF CITIES PHCNE NO. : ATTACHMENT Jul. 06 2004 02:48PM P2 .4, new mu—nicipality's first year amount would be determined by its population and, i, t::e case of the six cents tax, 66.67% of this amount would come from the �- -:d 1111%r= the ccl!ective rvistinoo municipalities' share. l,uiuei-y's au.'u2 m Jimiiarly, L'Ur (tie ilve eeTi2a is �, ?9% b Cld f-rorn f n_vntv'e �.., 2l% from the coliective cki]Grig muniCip '' ^-' 31:a: lower percentage for the County's share of each telt would' be carried Arvorwa,rd =.d used as the split in subsequent years. (in the attached example, the exisiiiig 66.67% - 33.33% split would become a 65.246/6 - 34.76% split and the existing 79% - 21% split would become a 77.93% - 22.07% split.) Although the overall municipal portion increases, the existing municipalities' would also have their individual shares reduced to provide the non -County portions for the new unicipality. 1n the attached example for a new city (population 40,000): Palm Beach County's six -cent share goes from 66.67% to 65.24% Overall municipal six -cent share goes from 33.33% to 34.76% Delray Beach's six-cenrshare goes from 3.67% to 3.59% (as one example) F:WFOt39 MA Entity Atlantis Belle Glade Baca Raton Boynton Beach Briny Br=cs Cloud Lake Delray Beach Glen Ridge Golf Greenacres Gulfstream Haverhill Highland Beach Hypoluxo Juno Beach Jupiter Jupiter Inlet Colony Lake Clarke Shores Lake Park Lake Worth Lantana Manalapao Mangonia Park North Palm Beach Ocean Ridge Pahokee Palm Beach Palm Beach Gardens Palm Beach Shares Palm Springs Riveria Beach Royal Palm Beach South Bay South Palm Beach Tequesta Wellington West Palm Beach Distribution before New City New City (population 40,000) Total Municipal Distribution County Total Palm Beach County Local Option Gas Taxes Interlocal Agreements Attachment 1 Municipal Per Capita Amount 6 Cent 10,067,535 623,030 4,751,585 623,030 5 Cent 623,030 Current Municipal Population 516.16 (516.15898913) 57.63 (57.62657496) Current Equity Approach 6 cent 6 cent % 5 cent 5 cent % 6 cent 6 cent % 5 cent 5 cent 62,687 0.21% 29,586 0.13% 61,345 0.20% 29,188 0.13°-0 255,394 0.85% 120,539 0.53% 249,929 0.83% 118,914 0.531, 1.367,787 4.53°1. 645,556 2.85% 1,338,516 4.43% 636,852 803,913 2.66% 379,424 1.68% 786,709 2.60% 374,308 1.65% 3,208 0.01% 1,514 0.01% 3,139 0.01% 1,494 0.01% 4,031 0.01% 1,902 0.01% 3,945 0.01% 1,877 O.OI%, 1,107,932 3.67 . 522,912 2.31% 1,084,221 3.59'1 515,862 2.28% 11,351 0.04% 5,358 0.02% 11,108 0.04% 5,285 0.02% 14,997 0.05% 7,078 0.03% 14,676 0.05% 6,983 0.03% 237,045 0.78% 111,878 0.49% 231,972 0.77% 110,370 0.49% 20,103 0.07% 9,488 0.04% 19,673 0.07% 9,360 0.04% 26,880 0.09% 12,686 0.06% 26,305 0.09% 12,515 0.06:0 23,876 0.08% 11,269 0.05% 23,365 0.08% 11,117 0.05% 9,938 0.03% 4,690 0.02% 9,725 0.03% 4,627 0.02% 31,788 0.11% 15,003 0.07% 31,107 0.10% 14,801 0.07% 607,880 2.01% 286,902 1.27% 594,871 1.97% 283,034 1.25% 6,975 0.02% 3,292 0.01% 6,825 0.02% 3,247 0.01% 71,749 0.24% 33,864 0.15% 70,214 0.23% 33,407 0.15% 107,828 0.36% 50,892 0.22% 105,521 0.35% 50,206 0.21% 372,252 1.23% 175,692 0.78% 364,285 1.21% 173,323 0.77% 165,147 0.55% 77,945 0.34% 161,613 0.54% 76,894 0.34% 11,453 0.04% 5,406 0.02% 11,208 0.04% 5,333 0.0211. 20,616 0.07% 9,730 0.04% 20,174 0.07% 9,599 U.04% 181,224 0.60% 85,532 0.38% 177,345 0.59% 84,379 0.37% 59,542 0.20% 28,102 0.12% 58,268 0.19% 27,723 0.12% 48,871 0.16% 23,066 0.10% 47,825 0.16% 22,755 0.10% 136,541 0.45% 64,444 0.28% 133,619 0.44•/ 63,575 0.289'. 359,121 1.19% 169,495 0.75% 351,435 1.16% 167,209 0.7491. 25,115 0.08% 11,854 0.05%, 24,578 0.08% 11,694 0.05% 185,990 0.62% 87,782 0.39% 182,010 0.60% 86,598 0.38% 563,749 1.87% 266,073 1.18% 551,684 1.83% 262,486 1.16% 458,627 1.52% 216,459 0.96% 448,812 1.49% 213,540 0.94% 68,183 0.23% 32,180 0.14% 66,724 0.22% 31,746 0.14% 3,374 0.01% 1,592 0.01% 3,302 0.01% 1,571 0.01% 120,005 0.40% 56,639 0.25% 117,437 0.39% 55,875 0.25% 1,035,305 3.43% 488,634 2.16% 1,013,149 3.35% 482,046 2.13% 1,477,058 4.89% 697,128 3.08% 1,445,447 4.79%. 687,729 3.04°/ 10,067,535 33.33% 4,751,585 21.00% 9,852,082 32.62% 4,687,522 20.7291, - - - 646,360 2.14% 305,063 1.35°x, 10,067,535 4,751,585 21.00%10,498,441 34.76L 5 22.07%,20,135,070 E10000% 17,875,012 79.00% 19,704,164.242 '.7.939',30,202,605 22,626,597 100.00% 30,202,605 100.00 100.00%, Municipal Per Capita Amount 6 Cent 10,067,535 623,030 4,751,585 623,030 5 Cent 623,030 Current Municipal Population 516.16 (516.15898913) 57.63 (57.62657496) R2005 0046 AiVIENDMENT #1 TO INTERLOCAL AGREEMENT THIS AMENDMENT #1 to the Interlocal Agreement dated May, 1995, by and between Palm Beach, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY" and TOWN OF GULF STREAM , a municipal corporation located in Palm Beach County, organized and existing in accordance with the laws of the State of Florida, hereinafter referred to as the "MUNICIPALITY", is made and entered into this day of JAN 1 1 r-3994'('Amendment # 1 "). WITNESSETH: WHEREAS, Section 336.025(l)(a), Florida Statutes, authorizes a one (1), two (2), three (3), four (4), five (5), and/or six (6) cent local option gas tax ("the Tax") to be levied upon the sale of every gallon of motor fuel and special fuel within the COUNTY; and WHEREAS, the COUNTY and various MUNICIPALITIES entered into an Interlocal Agreement in May, 1995, ("Interlocal Agreement") to provide for the distribution formula for dividing the proceeds of the tax among the COUNTY and all eligible municipalities within the COUNTY; and WHEREAS, the creation of a new municipality (the Village of Wellington) in Palm Beach County negatively impacted the existing eligible municipalities, with no impact on the COUNTY, in terms of this distribution formula; and WHEREAS, the dissolution of an existing municipality (the Town of Golfview) in Palm Beach County positively impacted, although in a minute way, the existing eligible municipalities, with no impact on the COUNTY, in terms of this distribution formula; and WHEREAS, the COUNTY and the MUNICIPALITY wish to amend the Interlocal Agreement to provide for an equitable sharing of the impact of either the future creation of a new municipality or the future dissolution of a municipality in Palm Beach County; and WHEREAS, representatives of the COUNTY and the various municipalities, utilizing the Palm Beach County League of Cities, Inc. (Successor to the Palm Beach County Municipal League -I- Inc.), have met and negotiated mutually acceptable terms and conditions for this Amendment #1 which are set forth herein; and WHEREAS, this Amendment # l will allow for more predictable financial planning for these proceeds by the MUNICIPALITY and the COUNTY; and WHEREAS, the Florida Legislature, under advisement from the Palm Beach County Legislative Delegation, is the governmental entity which lawfully creates new municipalities and under one method is similarly involved in dissolving a municipal corporation; and WHEREAS, the COUNTY and the MUNICIPALITY, in conjunction with the Palm Beach County League of Cities, Inc., intends that Palm Beach County Legislative Delegation and the Florida Legislature (and Governor if deemed necessary) be made aware of this Amendment #I and appropriately incorporate its provisions in any related future legislation. NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained and for such other good and valuable consideration, the receipt of which the parties hereby expressly acknowledge, the parties hereto covenant and agree to amend the terms and conditions of the Interlocal Agreement as follows: Section 1: Section 3. of the Interlocal Agreement shall be amended by the addition of new subsections "C" "D" and "E" which shall hereafter read as follows: 3A. (This subsection shall remain in full force and effect as set forth in the Interlocal Agreement) 3B. (This subsection shall remain in full force and effect as set forth in the Interlocal Agreement) 3C. In the event a new municipality is incorporated in Palm Beach County, its share of the six (6) cent gas tax shall be provided from the shares formerly allocated to the county and the collective municipalities as set forth below. 1. In the first full fiscal year following incorporation, the new municipality will receive a sum based solely on its population as opposed to -2- the usual distribution formula of lane miles and population as set forth in Section 4. of the Interlocal Agreement. Said sum shall be determined by multiplying the population of the new municipality times the municipal per capita distribution amount from the most recently available fiscal year and shall be funded from the county's and collective municipalities' shares in accordance with the same percentages due to the county and the collective municipalities as set forth in Section 3A above or any amendment thereto (i.e. currently sixty-six and two thirds percent (66J3%) from the county's share and thirty-three and one third percent (33113%) from the collective municipalities' share; see Attachment I attached hereto which shows an example of the calculations for a hypothetical new municipality with a population of 40,000). a. The combined county and collective municipalities' contributions shall equal one hundred percent (100%) of the new municipality's share. b. Section 4 below shall continue to apply as the distribution formula for the remaining municipalities after their contribution to the new municipality's amount as set forth in Section 3C1 above. 2. In the subsequent fiscal years after the first full fiscal year following incorporation of the new municipality: a. The percentage allocated to the county as set forth in Section 3A above or any current amendment thereto, shall be amended by reducing it in an amount that reflects the county's contribution to the new municipality's amount as set forth in Section 3C 1, above. b. Likewise, the percentage allocated to the collective municipalities, including the new municipality, as set forth in Section 3A above or any current amendment thereto, shall be amended by increasing it in an amount that reflects the county's contribution to the new municipality's amount as set forth in Section 3C1 above. -3- C. Section 4 below shall apply to the new municipality in all annual distributions in the years after the first full fiscal year following incorporation of the new municipality. 3D. In the event an existing municipality in Palm Beach County is dissolved, the former municipality's share of the six (6) cent gas tax shall be distributed to the county and to the remaining collective municipalities by applying in reverse the process set forth in Section 3C, above. 3E. In the event of proposed legislation which would either create or dissolve a municipality in Palm Beach County, the county and the subject municipality agree that the Palm Beach County Legislative Delegation and the Florida Legislature (and Governor, if deemed necessary) be made aware of this Amendment #I and appropriately incorporate its provisions into such proposed legislation. The subject municipality may accomplish this by supporting the Palm Beach County League of Cities, Inc., as the organization that is in place to convey municipal consensus on legislative matters. Section 2: This Amendment #1 shall be attached to the Interlocal Agreement and shall become a part thereof. All other Sections of the current Interlocal Agreement shall remain in full force and effect as set forth in that Agreement and there shall be no changes to that Agreement with the exception of those items specifically set forth in this Amendment # 1. Section 3: This Amendment # 1 to the Interlocal Agreement shall take effect only upon execution both by the COUNTY and those municipalities representing a majority of the population of the incorporated areas of the COUNTY. In the event that either the COUNTY fails to execute this Amendment #1 or in the event that those municipalities representing a majority of the population of the incorporated areas of the COUNTY fail to execute this Amendment # 1, then this Amendment #1 shall be null and void and the parties hereto shall have no further rights or responsibilities hereunder. IN WITNESS WHEREOF, the parties hereto have set their hands and seals in the day set forth above. ATTEST: By: Town Clerk ATTEST: L-02 TOWN OF GULF STREAM By: Mayor (SEAL) County Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY t� _po:_� GWS County AUomey /nz� -5- 82005 0046 ALM BEACH COUNTY, FLORIDA BY rS BOARD OF COMMISSIONERS y: Chair Tony Masilotti, Chairman (SEAL) Addie L Greene, Vice Chairperson Approved as to Terms and Conditions gy. FROM : PBC LEAGUE OF CITIES PHONE NO. Jul. 06 2004 02:48AM P2 ATTACHMENT A new municipality's first year amount would be determined by its population and, in : e case of Lhc six cents tax, 66.67% of this amount would come from the mare d 313.33".- r-,,, the collective existing- mimielpalltles' share. Jlmll•• -... -,_. l-. __._ -rani ...,,..t,l f...... ?he Co,.ntv's share anfl arly, LVf Ille llv2 ..c�ua tu.�, i.v .. ............_ .. ,.... ___--� _ ____ Lt% from IPC COIIeCIIVC C%iltlRb .. -____ rluliCiYa,iuwr iu _arc. lower percentage for the County's share of each [am would be carried lvi-ward and used as the split in subsequent years. (in the attached example, the existing 66.67% - 33.33% split would become a 65.24"/9 - 34.76% split and the existing 79% - 21% split would become a 77.93% - 22.07% split.) Although the overall munkipal portion increases, the existing municipalities' would also have their individual shwcs reducsd to provide the non -County portions for the new Municipality. In the attached example for a new city (population 40,000): Palm Beach County's six -cent share goes from 66.67% to 65.24% Overall municipal six -cent share goes from 33.33% to 34.76% Delray Beach's six-cent'share goes from 3.67% to 3.59% (as one example) F:i 1F,042904.1A Entity Atlantis Belle Glade Boca Raton Boynton Beach Briny Br=cs Cloud Lake Delray Beach Glen Ridge Golf Greenacres Gulfstream Haverhill Highland Beach Hypoluxo Juno Beach Jupiter Jupiter Inlet Colony Lake Clarke Sham Lake Park Lake Worth Lantana Manalapan Mangonia Park North Palm Beach Ocean Ridge Pahokcc Palm Beach Palm Beach Gardens Palm Beach Shores Palm Springs Riveria Beach Royal Palm Beach South Bay South Palm Beach Tequata Wellington West Palm Beach Distribution before New City New City (population 40,000) Total Municipal Distribution County Total Palm Beach County Local Option Gas Taxes Interlocal Agreements Attachment 1 Current 6 cent 6 cent % 5 cent 62,687 0.21'!. 29,586 255,394 0.85% 120,539 1,367,787 4.53% 645,556 803,913 2.66% 379,424 3,208 0.01% 1,514 4,031 0.01% 1,902 1,107,932 3.670/.- 522,912 11,351 0.04%. 5,358 14,997 0.05% 7,078 237,045 0.78% 111,878 20,103 0.07% 9,488 26,880 0.09% 12,686 23,876 0.08% 11,269 9,938 0.03% 4,690 31,788 0.11% 15,003 607,880 2.01% 286,902 6,975 0.02% 3,292 71,749 0.24% 33,864 107,828 0.36% 50,892 372,252 1.23% 175,692 165,147 0.55% 77,945 11,453 0.04% 5,406 20,616 0.07% 9,730 181,224 0.60% 85,532 59,542 0.20% 28,102 48,871 0.16% 23,066 136,541 0.45% 64,444 359,121 1.19% 169,495 25,115 0.08% 11,854 185,990 0.62% 87,782 563,749 1.87% 266,073 458,627 1.52% 216,459 68,183 0.23% 32,180 3,374 0.01% 1,592 120,005 0.40% 56,639 1,035,305 3.43% 488,634 1,477,058 4.89% 697,128 Municipal Per Capita Amount 6 Cent 10,067,535 623,030 4,751,585 623,030 10,067,535 33.33% 4,751,585 10,067,535 3333%. 4,751,585 20,135,070 66.fi7•/ 17,875,012 5 Cent 5 cent % 1 6 cent 6 cent % 0.13%1 61,345 0.53 % 249,929 2.85% 1,338,516 1.68% 786,709 0.01% 3,139 0.01% 3,945 2.31% 1,084,221 0.02% 11,108 0.03% 14,676 0.49% 231,972 0.04% 19,673 0.06% 26,305 0.05% 23,365 0.02% 9,725 0.07% 31,107 1.27% 594,871 0.01% 6,825 0.15% 70,214 0.22% 105,521 0.78% 364,285 0.34% 161,613 0.02% 11,208 0.04% 20,174 0.38% 177,345 0.12% 58,268 0.10% 47,825 0.28% 133,619 0.75% 351,435 0.05% 24,578 039% 182,010 1.18% 551,684 0.96% 448,812 0.14% 66,724 0.01% - 3,302 0.25% 117,437 2.16% 1,013,149 3.08%1 1,445,447 21.00%1 9,852,082 646,360 21.0014°1 10,498,441 79.00% 19,704,164 623,030 Current Municipal Papulation = $16.16 (S 16.15898913) $7.63 ($7.62657496) each-- 5 cent 5 cent 51. 0.20% 19,188 0.83% 118,914 4.43% 636,852 2.60% 374,308 0.01% 1,494 0.01% 1,877 3.59'/{ 515,862 0.04% 5,285 0.05% 6,983 0.77% 110,370 0.07% 9,360 0.09% 12,515 0.08% 11,117 0.03% 4,627 0.10% 14,801 1.97% 283,034 0.02% 3,247 0.23% 33,407 0.35% 50,206 1.21% 173,323 0.54% 76,894 0.04% 5,333 0.07% 9,599 0.59% 84,379 0.19% 27,723 0.16% 22,755 0.44% 63,575 1.16% 167,209 0.08% 11,694 0.60% 86,598 1.83% 262,486 1.49% 213,540 0.22% 31,746 0.01'% 1,571 0.39% 55,875 3.3500% 482,046 4.79% 687,729 32.62% 4,687,522 2.14% 305,063 0.13!,'. 0.53-1. 2.811.; 1.65% 0.01 % I. 0. 0. n. 0. 0.12°. 0.10 0.28% 1.16% 11 4°/, 0.14% 0.01 % 0.25% 2.13 20.72°1°I 1.35% 77 R95 544D INTERLOCAL AGREEMENT This Agreement is made this day of MAY 2 1995 , 19 by and between Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY" and THE TOWN OF GULF STREAM , a municipal corporation located in Palm Beach County, organized and existing in accordance with the laws of the State of Florida, hereinafter referred to as the "MUNICIPALITY." WITNESSETH: WHEREAS, Section 336.025(1)(a), Florida Statutes, enacted by the Florida Legislature authorizes a one (1), two (2), three (3), four (4), five (5) and/or six (6) cent local option gas tax to be levied upon the sale of every gallon of motor fuel and special fuel within the COUNTY; and WHEREAS, said statute contemplates an interlocal agreement by and between the COUNTY and the MUNICIPALITIES located therein to establish a distribution formula for dividing the proceeds of said tax among COUNTY government and all eligible MUNICIPALITIES within the COUNTY: and WHEREAS, the parties already have in effect an Interlocal Agreement(s) providing for distribution of the first (1st), second (2nd), third (3rd), fourth (4th), fifth (5th) and sixth (6th) cents of the local option gas tax; and WHEREAS, the Interlocal Agreement(s) providing for such distribution will expire on or about August 31, 1995; and WHEREAS, representatives of the COUNTY and the various MUNICIPALITIES have met and negotiated mutually acceptable terms and conditions for a new Interlocal Agreement which are set forth herein; and WHEREAS, this Interlocal Agreement must be approved and executed by the COUNTY and a sufficient number of MUNICIPALITIES in the COUNTY which represent a majority of the population of the incorporated area within the COUNTY not later than May 31, 1995. NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained and for such other good and valuable consideration, the receipt of which the parties hereby expressly acknowledge, the parties hereto covenant and agree to the following terms and conditions: h. This Agreement is entered into with the specific contemplation that the Board of County Commissioners of Palm Beach County will enact an appropriate ordinance to extend the six (6) cents local option gas tax previously levied for an additional period of time with said tax being imposed effective on September 1, 1995. In the event the Board of County Commissioners of Palm Beach County fails or refuses to enact said ordinance to extend the six (6) cents tax, this Agreement shall be null and void. 2. The terms of this Agreement shall be for the same duration as the amendment to the local option gas tax ordinance identified in paragraph I hereof extending the levy of the six (6) cents. Upon expiration of the period for which said tax is levied as provided for in the amendment to the COUNTY ordinance, this Agreement shall terminate except that if the Board of County Commissioners reimposes said tax as provided in Section I(a) of said statute, this Agreement may be renewed as provided therein. 3. A. , All proceeds of the six (6) cents of the tax collected pursuant to said statute shall be divided between the COUNTY and the municipalities as follows; or as may be mutually agreed upon by the parties pursuant to paragraph 16: i. The COUNTY shall receive two-thirds (2/3) of all sums collected. ii. The municipalities collectively shall receive one-third (1/3) of all sums collected. B. All money shall be collected and distributed to the respective parties as provided in Section 336.025(2), Florida Statutes. 4. Each MUNICIPALITY eligible to participate in the distribution of the proceeds of said tax shall receive a pro rata share of the aforesaid one-third (1/3) MUNICIPALITY share pursuant to a formula that will be based seventy percent (70%) on lane miles located within a MUNICIPALITY for which the MUNICIPALITY is responsible for maintenance and thirty percent (30%) upon the population of the MUNICIPALITY based upon the most recent University of Florida Population Estimate. Said formula is: -2- 30% x (city population) + 70% x (city lane miles) = Local Distribution (sum of city population) (sum of city lane miles) Exhibit A attached hereto and incorporated herein by reference identifies each eligible MUNICIPALITY'S pro rata share of the MUNICIPALITIES' collective one-third (1/3) share. Said distribution may be amended not more than once annually by the Palm Beach County Municipal League, Inc., preparing on behalf of the said MUNICIPALITIES a new Exhibit "A" based upon changes in the foregoing criteria and submitting same by June Ist of any year to the County Administrator who shall in turn transmit same to the Department of Revenue. 5. This is one of several interlocal Agreements between the COUNTY and various MUNICIPALITIES providing the same terms for the division and distribution of the proceeds of the first six (6) cents of the local option gas tax. As such, this Interlocal Agreement may be executed in one (1) or more counterparts, each of which shall be deemed an original, but all of which shall constitute one (I) in the same instrument (tile Interlocal Agreement) for the purpose of Section 336.025, Florida Statutes. The Interlocal Agreement constitutes an interlocal agreement between the COUNTY and the MUNICIPALITIES located therein representing a majority of the incorporated area population within the COUNTY. 6. The parties agree to meet every two (2) years to evaluate the method of distribution of the local option gas tax revenues in accordance with Section 336.025(I)(d), Florida Statutes. The MUNICIPALITIES shall be collectively represented at such meeting by the Palm Beach County Municipal League, Inc. and the COUNTY by representatives as selected by the County Administrator's office. The Municipal League or the County may call for such meeting by providing thirty (30) days notice to the other as set forth in paragraph 13 herein. 7. Nothing in this Agreement shall preclude either party from litigating against the other on matters completely unrelated to and not contemplated by this Agreement. 8. This Agreement shall take effect only upon execution both by the COUNTY and those MUNICIPALITIES representing a majority of the population of the incorporated areas of the COUNTY. In the event that either the COUNTY fails or refuses to execute this Agreement or in the event that those MUNICIPALITIES representing a majority of the population of the incorporated -3- areas of the COUNTY fail to execute this Agreement, then this Agreement automatically shall be null and void and the parties hereto shall have no further rights or responsibilities hereunder. 9. The invalidity of any portion, article, paragraph, provision, clause or any portion thereof of this Agreement shall have no affect upon the validity of any other part or portion hereof. 10. To the extent allowed by law, the venue for any action arising from this Agreement shall be in Palin Beach County, Florida. Florida. it. This Agreement shall be governed by and in accordance with the laws of the State of 12. In any action brought by either party for the enforcement of the obligations of the other party, the prevailing party shall be entitled to recover reasonable attorneys' fees. 13. Any notice given under the provisions of this Agreement shall be in writing and shall be delivered personally or sent by certified or registered mail, postage prepaid, to: COUNTY: Palm Beach County Board of County Commissioners 301 N. Olive Avenue West Palin Beach, FL 33401 WITH A COPY TO: County Attorney 301 N. Olive Avenue, Suite 601 West Palin Beach, PL 33401 MUNICIPALITIES: Palin Beach County Municipal League, Inc. 301 N. Olive Avenue, 10th Floor P.O. Box 1989 - Government Center West Palm Beach, FL 33402 Attention: Executive Director, Jack L. Horniman WITH A COPY TO: Trela J. White, Esq. Attorney for Palm Beach County Municipal League, Inc. Corbett & White 505 S. Flagler Drive, Suite 1003 West Palm Beach, FL 33401 The Municipal League, upon receipt of any notice provided herein, shall provide like notice to each municipality that is a party to the Agreement. Notice by certified or registered mail, return receipt requested, shall be deemed effective on the date that such notice is deposited in a United States Post Office. 14. The parties expressly agree that time is of the essence in this Agreement and the failure by a party to complete performance within the time specified, or within a reasonable time if no time is specified herein, shall, at the option of the other party without liability, in addition to any other rights or remedies, relieve the other party of any obligation to accept such performance. 15. The parties hereto expressly covenant and agree that in the event either party is in default of its obligations herein, the party not in default shall provide to the party in default thirty (30) days written notice to cure said default before exercising any of its rights as provided for in this Agreement. 16. The parties agree that this Agreement sets forth the entire agreement between the parties, and there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered except by written instrument executed by the parties hereto. -5- IN WITNESS WHEREOF, the parties hereto have set their hands and seals in the day set forth above. ATTEST: By: —2 -/Z– Municipal Clerk ATTEST: DOROTHY H. WILKEN, Clerk By: G w Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: AM414, &x County Attorney wpwiiKOlwpdocs',municipauntal,w.wpd (NA 0 PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS COUNTY, y` cC OR10P -6- MAY 2 1995 hair KW Foster R95 5440 MAY 2 1995 Board of County Commissioners Karen T. Marcus, Chair Jerry L. Owens, Vice Chairman Ken Spillias Dorothy Wilken Kenneth M. Adams July 21, 1986 Honorable William F. Koch TOWN OF GULF STREAM 246 Sea Road Gulf Stream, F1. 33444 County Attorney Gary M. Brandenburg Re: Palm Beach County Resolution No. R-86-1010 approving an Interlocal Agreement for Local Option Gasoline Tax Distribution Dear Mr. Koch: Enclosed please find a copy of Palm Beach County's Resolution No. R-86-1010 which approved the Interlocal Agreement for Local Option Gasoline Tax Distribution between Palm Beach County and your city. Also enclosed for your file is a fully executed copy of said agreement. Under separate cover copies of this resolution and agreement have been furnished to the State of Florida Department of Revenue. Very ours ichard A. Craddock, Asst. County Attorney RAG/mej encl. cc: Haney Frakes, Asst. County Engineer An Equal Opportunity - Affirmative Action Employer" BOX 1989 WEST PALM BEACH, FLORIDA 33402-1989 (305) 837-2225 Sun Com. 454-2225 7.1.86RAGmej RES 1986 INTERLOCAL AGMTS RESOLUTION NO. R-86— 1010 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT FOR LOCAL OPTION GASOLINE TAX DISTRIBUTION; PROVIDING FOR EXECUTION; AND PROVIDING FOR NOTICE OF INTENT TO LEVY. WHEREAS, Chapter 336.0253(a)1 provides for interlocal agreement by the County with various municipalities within the County for a Local Option Gas Tax Distribution Plan; and WHEREAS, the Board of County Commissioners, on May 13, 1986, .approved submitting an Interlocal Agreement in the form annexed to the municipalities within Palm Beach County for execution which provides a I 'distribution formula for dividing the proceeds for the tax; and I WHEREAS, certain of the municipalities within Palm Beach County have presently or will approve and execute the agreement in the form annexed; and WHEREAS, Florida Statute 336.025(3)(a)(2) provides that the ,County may prior to July 15, 1986, adopt a resolution of intent to levy the tax allowed therein. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, as follows: 1. The agreement annexed hereto providing for Local Option Gas Tax Distribution is hereby approved. 2. The Chairman and the Clerk of the Board of County Commissioners are authorized to execute the Interlocal Agreement in the ,form annexed as they are received from the municipalities located within Palm Beach County, having been duly executed by the appropriate officials of the respective municipalities and are further authorized along with the County Attorney to notify the Department of Revenue State of Florida of said intent. 3. The Board of County Commissioners of Palm Beach County hereby gives notice of the intent to levy the Local Option Gas Tax on motor fuel or special fuel as authorized by Florida Statute 336.025 and sub—sections contained thereunder and the County Attorney is hereby authorized to notify the Department of Revenue of the State of Florida of said intent. 7.1.86RAGmej RES 1986 INTERLOCAL AGMTS The foregoing resolution was offered by Commissioner Spillias who moved its adoption. The motion was seconded by Commissioner Owens and upon being put to a vote, the vote was as follows: KAREN T. MARCUS AYE JERRY L. OWENS AYE KEN SPILLIAS AYE DOROTHY H. WILKEN AYE KEN ADAMS AYE The Chairman thereupon declared the resolution duly passed and adopted this 8th day of July , 1986. APPROVED AS TO FORM AND PALM BEACH COUNTY, FLORIDA, BY ITS LEGAL SUFFICIENCY' BOARD OF COUNTY COMMISSIONERS J hn B. Dunkle, Clerk County Attorney DepUty Clerk C t C, 6) STATcCFF�O�;T\,.:': 4*�"i rcFal_p,;Diq!'H I. JOrio r3. Cl ;`; <i:=, c t o`•. i . � !, or t;,a i n Cc "ii^:'gY:S_'O^BfS S`:C[!F/ this to Boar(; L t t:�.1:.._t' Lea true' L :I�S'0!1.1a ��!fi:ehin FL 5i.' D.C. PP] Board of County Commissioners Kenneth M. Adams, Chairman Karen T. Marcus, Vice Chair Ken Spillias Jerry L. Owens Dorothy Wilken July 18, 1985 TO: Town of Gulf Stream Office of County Attorney Charles F. Schoech County Attorney FROM: Richard A. Graddock, Acting County Attorney RE: Resolution R-85-1001 approving Interlocal Agreement with Palm Beach County Enclosed for your file is a copy of the Interlocal Agreement you entered into with Palm Beach County for participation in the distribution of the revenues generated by the 4c gas tax as authorized by Chapter 336.025, Florida Statutes. R and A. Graddock, Acting County Attorney RAG/mej encl. P.O. BOX 1989 • WEST PALM BEACH, FLORIDA 33402 I 1 5.14.86 RAGsad "A.503" Revision lit it I; INTERLOCAL AGREEMENT I; yG7X ./7a�� WHEREAS, Chaptet 336, §025, Florida Statutes was enacted by the Florida Legislature and took effect on May 14, 1983 thereafter amended; and WHEREAS, said statute as amended authorizes a 1, 2, 3, 4, 5 or 6 cent local option gas tax to be levied upon the sale of motor fuel and special fuel within the county; and WHEREAS, said statute in Section 3(a)1 contemplates an interlocal agreement by and between Palm Beach County and the municipalities located therein to establish a distribution formula for dividing the proceeds of said tax among county government and all eligible municipalities within the county; and WHEREAS, the parties already have in effect an interlocal agreement providing for distribution of the 1st, 2nd, 3rd, and 4th cents of the local option gas tax; and WHEREAS, the parties desire to provide separately for distribution of the fifth (5th) and sixth (6th) cents of the local option gas tax; and WHEREAS, representatives of Palm Beach County and the various municipalities have met and negotiated mutually acceptable terms and conditions for said interlocal agreement which are set forth herein; and WHEREAS, this interlocal agreement may be established not later than July 1, 1986. NOW, THEREFORE, IT IS HEREBY AGREED an this day of 1986, by and between PALM BEACH COUNTY, hereinafter i referred to as "NTY" � sCOUand _�s wY. o� L hereinafter referred to as "THE MUNICIPALITY" for and in consideration of the mutual covenants contained here that: II1. This agreement is entered into with the specific contemplation that the Board of County Commissioners of Palm Beach County I will enact an appropriate amendment to the local option gas tax ordinance to levy an additional two cent (2c) local option gas tax to the already i enacted four cent (4c) tax within Palm Beach County, with said tax being imposed effective on September 1, 1986 and to remain in effect for a i period not to exceed nine (9) years from said date. In the event the i �I it .15.14.86 RAGsad "A.503" Revision $2 1 interlocal agreement providing for 'distribution of the 1st, 2nd, 3rd and 14th cents of the local option gas tax. 5. This is one of several interlocal agreements between the COUNTY and various MUNICIPALITIES providing the same terms for the division and distribution of the proceeds of the fifth (5th) and sixth (6th) cents of the local option gas tax. All such agreements shall be deemed as one agreement (the Interlocal Agreement) for the purpose of paragraph (3)(a)1 of Section 336.025, Florida Statutes, and the interlocal agreement constitutes an interlocal agreement between PALM BEACH COUNTY and MUNICIPALITIES located therein representing a majority of the incorporated area population within Palm Beach County. 6. This agreement may be modified or amended only by a written agreement executed by all parties hereto. The foregoing terms and conditions constitute the entire agreement between the parties hereto as to the fifth (5th) and sixth (6th) cents and any representations not contained herein shall be null and void and of no force or effect. 7. This agreement may be executed in counterparts and each fully executed counterpart shall be deemed an original instrument. WHEREFORE the parties hereto have hereunder set forth their hands and seals on the date first above written. ATTEST: (SEAL) ATTEST: BEACH COUNTY, FLORIDA, BY ITS SOF COUNTY COMMI83�nmpms JUL 0 8 1986 3 Mayor AP V Ci BY County Attorney 5.31.5 RAGmej "Gas Tax Interlocal Agreement" INTERLOCAL AGREEMENT WHEREAS, Chapter 336.025, Florida Statutes was enacted by the Florida Legislature and took effect on May 14, 1983; and WHEREAS, said statute authorizes a 1, 2, 3, or 4 cent local option gas tax to be levied upon the sale of motor fuel and special fuel within the county; and WHEREAS, said statute in Section 3(a)l contemplates an interlocal agreement by and between Palm Beach County and the municipalities located therein to establish a distribution formula for dividing the proceeds of said tax among county government and all eligible municipalities within the county; and WHEREAS, representatives of Palm Beach County and the various municipalities have met and negotiated mutually acceptable terms and conditions for said interlocal agreement which are set forth herein; and WHEREAS, this agreement must be approved and executed not later than July 15, 1985. NOW, THEREFORE, IT IS EFREBY AGREED on this _ day of , 1985, by and between PALM BEACH COUNTY, hereinafter referred to as "COUNTY" and TOV\T OF r_t-T F eTui AT! hereinafter referred to as "THE MUNICIPALITY" for and in consideration of the mutual covenants contained here that: 1. This agreement is entered into with the specific contemplation that the Board of County Commissioners of Palm Beach County will enact an appropriate ordinance to levy a four cent (4%) local option gas tax within Palm Beach County, with said tax being imposed effective on September 1, 1985 and to remain in effect for a period not to exceed ten (10) years from said date. In the event the Board of County Commissioners of Palm Beach County fails or refuses to enact said ordinance, this agreement shall be null and void. 2. The term of this agreement shall be for the period of duration of the ordinance identified in paragraph 1 hereof. Upon expiration of the period of said tax provided for in said ordinance, this agreement shall terminate except that if the Board of County Commissioners reimpose said tax as provided in Section 1(b) of said statute, this agreement may be renewed as provided therein. 1 RESOLUTION NO. R-85-1001 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT FOR LOCAL OPTION GASOLINE TAX DISTRIBUTION; PROVIDING FOR EXECUTION; AND PROVIDING FOR NOTICE OF INTENT TO LEVY. WHEREAS, Chapter 336.0253(a)1 provides for interlocal agreement by the County with various municipalities within the County for a Local Option Gas Tax Distribution Plan; and WHEREAS, the Board of County Commissioners, an June 4th, 1985, I approved submitting an Interlocal Agreement in the form annexed to the municipalities within Palm Beach County for execution which provides a !,distribution formula for dividing the proceeds of the tax; and WHEREAS, certain of the municipalities within Palm Beach County have presently or will approve and execute the agreement in the form annexed. WHEREAS, Florida Statute 336.025(3)(a)(2) provides that the Court may prior to July 15, 1985, adopt a resolution of intent to levy the tax allowed therein. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, as follows: 1. The agreement annexed hereto providing for Local Option Gas Tax Distribution is hereby approved. 2. The Chairman and the Clerk of the Board of County Commissioners are authorized to execute the Interlocal Agreement in the form annexed as they are received from the municipalities located within Palm Beach County, having been duly executed by the appropriate officials of the respective municipality and are further authorized along with the County Attorney to notify the Department of Revenue State of Florida of said intent. 3. The Board of County Commissioners of Palm Beach County hereby.^. gives notice of the intent to levy the Local Option Gas Tax on motor fuel L or special fuel as authorized by Florida Statute 336.025 and sub -sections contained thereunder and the County Attorney is hereby authorized to notify the Department of Revenue of the State of Florida of said intent. The foregoing resolution was offered by Commissioner Spillias who moved its adoption. The motion was seconded by Commissioner Owens and, upon being put to a vote, the vote was as follows: Ken Adams -Absent Karen T. Marcus -Aye Ken Spillias -Aye Jerry L. Owens -Aye Dorothy H. Wilken-Absent The Chairman thereupon declared the resolution duly passed and adopted this 25th day of June, 1985. PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS JOHN B. UNKLE, Clerk APPROVED AS TO FORM � AND LEGAL SUFFICCY By: Deputy Clerk L n By:�l� my Attorney 2