HomeMy Public PortalAboutPBC - Gas Tax Local OptionMs Rita L Taylor
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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
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BY: .tit-�r� u,e�� COIASpT.
Deputy Clerk 5 ,p
R IDI
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
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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
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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
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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
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period not to exceed nine (9) years from said date. In the event the
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.15.14.86 RAGsad "A.503" Revision $2
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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
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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.
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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,
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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
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