HomeMy Public PortalAboutInter-local Agreement 6¢ Local Option Gas TaxINTERLOCAL AGREEMENT AMONG OKALOOSA COUNTY AND THE
MUNICIPALITIES OF CINCO BAYOU, CRESTVIEW, DESTIN, FORT WALTON BEACH,
LAUREL HILL, MARY ESTHER, NICEVILLE, SHALIMAR, AND VALPARAISO FOR
THE DISTRIBUTION OF THE SIX CENTS LOCAL OPTION GAS TAX
This AGREEMENT, made and entered into this 13 day of May, 2013, by and among
OKALOOSA COUNTY, a political subdivision of the State of Florida, hereinafter called
"County", and the Municipalities of CINCO BAYOU, CRESTVIEW, DESTIN, FORT
WALTON BEACH, LAUREL HILL, MARY ESTHER, NICEVILLE, SHALIMAR, and
VALPARAISO, hereinafter called the "Municipalities", for the distribution of the six cents local
option gas tax in accordance with the provisions of Section 336.025(3)(a)1., Florida Statutes.
INDEMNIFICATION:
To the extent permitted by law, Municipalities and County hereto agree to indemnify and hold
harmless each other for any and all damages arising out of their respective negligence regarding
the performance of this Agreement.
SOVEREIGN IMMUNITY:
Nothing in this Agreement shall be deemed a waiver of immunity or a limitation of liability of
any of the governmental parties hereto beyond any statutory limited waiver of immunity or
limitation of liability which may have been adopted by the Florida Legislature in Section 768.28,
Florida Statutes, or other statute, and nothing in this Agreement shall inure to the benefit of any
third party for the purpose of allowing any claim which would otherwise be barred under the
Doctrine of Sovereign Immunity or by operations of law.
GOVERNING LAW:
All applicable local and state laws, rules, and regulations shall govern the Municipalities and the
County. Venue for any action arising out of this Agreement shall lie in Okaloosa County.
SEVERABILITY:
If any provision hereof is in conflict with any applicable statute, rule, regulation or is otherwise
unenforceable, then such provision shall be null and void to the extent of such conflict, and shall
be severable, but shall not invalidate any other provision of this Agreement.
CONSTRUCTION:
The parties have participated jointly in the negotiation and drafting of this Agreement. In the
event an ambiguity or question of intent or interpretation arises, this Agreement shall be
construed as if drafted jointly by the parties and no presumption or burden of proof shall arise
favoring or disfavoring any party by virtue of the authorship of any provision of this Agreement.
AUTHORITY:
The execution of this Interlocal Agreement has been duly authorized by the appropriate official
action of each party hereto, each party has complied with all requirements of law, and each party
has full power and authority to comply with the terms and provisions of this Agreement. This
Agreement shall bind the successors, assigns, and legal representatives of the parties.
In consideration of the mutual covenants and promises hereinafter contained to be kept
and performed by the parties hereto, for the mutual benefit of the Municipalities, their
constituents and the County, and its constituents, it is agreed that the six cents local option gas
tax imposed in accordance with Ordinance Nos. 87-13 and 03-14 shall be divided among and
distributed to the County and eligible Municipalities in Okaloosa County for the purposes of
transportation expenditures as set forth in Section 336.025, Florida Statutes, by the Florida
Department of Revenue as follows:
RECIPIENT
Cinco Bayou
Crestview
Destin
Fort Walton Beach
Laurel Hill
Mary Esther
Niceville
Shalimar
Valparaiso
Okaloosa County
SHARE OF PROCEEDS
0.4252 %
8.6734 %
8.7925 %
10.8840 %
0.5102 %
2.2109 %
4.8463 %
0.6803 %
2.9762 %
60.0000 %
AMENDMENTS:
This Agreement may be modified only by the mutual written consent of all parties
This Agreement and any amendments hereto, shall be filed with the Clerk of the Circuit Court
for Okaloosa County, Florida, as required by Section 163.01(11), Florida Statutes. This
Agreement shall be effective for the distribution of the six cents local option gas tax through the
2014 calendar year or until recalculated as required pursuant to the provisions of Section
336.025, Florida Statutes.
IN WITNESS WHEREOF, the County and the Municipalities have caused this
Agreement to be duly executed and entered into on the date first above written.
OKALOOSA COUNTY, FLORIDA
By:
Chairman
ATTEST:
Clerk of Circuit Court
TOWN OF CINCO BAYOU, FLORIDA
By:
Mayor
ATTEST:
City Clerk
CITY�CRESTVIEW, FLORIDA
By:
Mayor
CITY OF DESTIN, FLORIDA
By:
Mayor
ATTEST:
City Clerk
CITY OF FORT WALTON BEACH, FLORIDA
By:
Mayor
ATTEST:
City Clerk
CITY OF LAUREL HILL, FLORIDA
By:
Mayor
ATTEST:
City Clerk
CITY OF MARY ESTHER, FLORIDA
By:
Mayor
ATTEST:
City Clerk
CITY OF NICEVILLE, FLORIDA
By:
Mayor
ATTEST:
City Clerk
TOWN OF SHALIMAR, FLORIDA
By:
Mayor
ATTEST:
City Clerk
CITY OF VALPARAISO, FLORIDA
By:
Mayor
ATTEST:
City Clerk
RESOLUTTON'NO 13-07
A RESOLUTION BY THE CITY OF CRESTVIEW, FLORIDA, ENDORSING
OKALOOSA COUNTY'S PROPOSAL TO EXTEND THE CURRENT INTERLOCAL
AGREEMENT BETWEEN OKALOOSA COUNTY AND ITS MUNICIPALITIES FOR
THE DISTRIBUTION OF LOCAL OPTION FUEL TAX REVENUES FOR THE FIRST
SIX CENTS UPON THE BASIS OF A SIXTY PERCENT SHARE TO OKALOOSA
COUNTY AND A FORTY PERCENT SHARE TO ALL ITS MUNICIPALITES;
PROVIDING THE CURRENT FORMULA FOR DISTRIBUTION OF THE
MUNICIPALITIES FORTY PERCENT SHARE OF THE LOCAL OPTION FUEL TAX
REVENUES; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Section 336.025, Florida Statutes, authorizes local governments to levy local option fuel
taxes to provide revenue to fund transportation expenditures; and
WHEREAS, Okaloosa County currently levies six cents within the first tier of local option gas taxes;
and
WHEREAS, Okaloosa County and its incorporated municipalities have significant and on -going
transportation expenditures and requirements; and
WHERES, a fair and equitable distribution is provided by Okaloosa County retaining sixty percent of
the local option fuel tax revenues generated by the first six cents and the municipalities within its boundaries
sharing in the remaining forty percent of local option fuel tax revenues generated by the first six cents, all for the
purpose of improving transportation systems throughout Okaloosa County, and within the incorporated
municipalities.
NOW, THEREFORE IT BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRESTVIEW,
FLORIDA THAT:
1. The Mayor is hereby authorized to extend the interlocal agreement among Okaloosa County and its
municipalities for purpose of sharing the revenue proceeds from the first six cents of local option fuel
taxes upon the basis of a sixty percent share to Okaloosa County and a forty percent share to the
municipalities.
2. The City of Crestview agrees to the formula for distribution of the municipalities forty percent share of
revenue proceeds from the first six cents of local option fuel tax that is established in the attached Exhibit
3. This resolution shall extend the current interlocal agreement among Okaloosa County and its
Municipalities for the purposes of sharing the revenue proceeds from the first six cents of local option
fuel taxes upon basis of a sixty percent share to Okaloosa County and a forty percent share to the
Municipalities and specifics until December 31, 2014
PASSED AND ADOPTED BY THE CITY COUNCIL TH th DAY O AY, 2013.
Attest:
elt, C n it Pre
zar /
lizabth Roy, City Clerk