83-PPRESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH~ FLORIDA, APPROVING
THE INTERLOCAL AGREEMENT FOR LOCAL OPTION
GASOLINE TAX DISTRIBUTION.
WHEREAS, Chapter 336~025, Florida Statutes was
enacted by the Florida Legislature and took effect on March
14, 1983~ and
WHEREAS, Palm Beach County Representatives and
Representatives of Palm Beach County Municipalities have
prepared an Interlocal Agreement between Palm Beach County
and municipalities for the distribution of gas tax revenues
established under the terms of Chapter 336.025, Florida
Statutes.
NOW~ THEREFORE, BE AND IT IS HEREBY RESOLVED THAT
THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH~ FLORIDA:
Section 1. That the City Council of the City of
Boynton Beach approves the attached Interlocal Agreement and
authorizes the Mayor to execute this Agreement~
PASSED AND ADOPTED THIS 29th day of June, 1983~
CITY OF BOYNTON BEACH~ FLORIDA
Mayor
Vice Mayor~//'
C
Member
Council Member
ATTEST:
(Corporate Seal
To all Municipalities Qualifying for the Two Cent ounty Gasoline
Tax in Pa~ Beach County.
The' enclosed is a copy of the interloca! agreement between the
County and the municipati%ies~f Palm Beach CountM. This must
be acted upon and signed (signa~ture sheet is the last page of
the agreement) no later than July 1, 1983 according to law.
Over fifty per cent of t.he population living within municipal
boundaries must enter into this agreement, other~¢ise the County
will adopt the tax without the agreement 'and will revert to the
option which is stated in the law which states that the return
to the local governments will be based on the past five year
expenditure for transportation. This figure would not be in
the best interest of the municipalities as that expenditure is
not an accurate one. Also, although the !aw states that the
agreement must be enacted by over fifty per cent of the people
in the municipalities, we are looking for a very large per cent
of local governments to enter into this agreement to show an
attitude of co-operation with the county. Your governmental
entity ' ~ ~
wm~ receive the share of the tax whether you sign the
agreement or not, but we feel this to be an opportunity to dis-
play a posture v:ith the county positive rather than negative
which has been the rule in the past over so many issues.
There has been a great deal of rime'taken on this matter and
on the part of a n~nber of persons. The time frame has been v cry
short, ana we realize there is little time at this point for this
to 'be taken into consideration.' No one has been dragging their
feet, but ~ccumulating the necessary data snd computing the fi-
gures has oeen extensive. It is not necessary for all entities
vo sign this agreement by J~ly 1, but all persons would like to
have this done as soon as possible. Do no5 let the time limit
you from completing this and returning it to the county attorney's
officev~ith a copy to me of the signature sheet for our League
files. If you sho~l!d have any questions please do not hesitate
5o phone me at 683-15g0. We all n~ust realize that there is no
formula for distribUtion of any funds or taxes that is ~ru!y an
equitable one for all governments in any ~iven areas, but we do
sincerely hope that you, as elected officials of your munici-
pa!ity will accept this as the best possible agreement among
the thirty four municipalities that qualify and the county
Please send a copy of the agreement along with the signature
sheet as soon as possible to:
Rick ~-~ ~ Esq.
~- ~ re,i,
Attorney, Palm Beach County
307 iioo Dixie Hwy., Suite 100
?;est Palm Beach, Fi. 33402
Please £orward to me a copy o~.~ tke signature sheet for our files:
~rs. ~ ~n~y Yount
Pa~ Beach County iv~nicipal League
1330 Glen Road
%~est Pa~ Beach, Fl. 33~06
Thank you all for your cooperation and interest andno~' ~ully~
the monies will be a welcome addition to your budge%~
Executive Direc%or ~
Enclosure
6 22
I~TfEPJ_CC~L AGRE~,~
¢~, Chapter 336.025, Florida Statutes was enacted by ~_he Florida
Legislature and took effect on March 14, 1983; and
~rHERKAS, 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 t_he
county; and
~AS, said statute in Section 3(a)l contemplates an interiocal
agreem~.~ by and betvTeen Palm Beach County and the municipalities located
therein ~ est~_blish a distribution formula for dividing the proceeds of said.
tax amor~:g county government and all eligible municipalities within the
County;
W7~%S, representatives of Palm Beach County and the various munic-
ipalities ~ve met and negotiated mutually aCCeptable terms and conditions
for said Lnterlocal agreement which are set forth herein; and
~~, this agreement mn~t be approved and executed not later tzhan
July 15 ~ 1983.
~ THEREFORE, IT IS HEREBY AGREED on this day of
1983, ~- amd between PALM_ BEACH COU~fY, hereinafter referred to as "CO~
and CiTer OF BOYTON BEACH, hereinafter referred to as "THE P~3NTCIPALITY" for
conszae~atzon of ~_he mutual covenants contained here that:
1. Th_is 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 local option gas tax wi thLn Palm Beach
County, with said tax being imposed effective on September 1, 1983 and to
remain ~ effect for a period not to exceed five (5) years from said date.
In the event the'Board of County' Ccemissioners 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 ~xpiration of the
.period of said tax provided for in said ordinance, this agreement shall
terminate except that if the Board of County Coranissioners reimpo~ ses said t~x
as provided in Section 1 (b) of said statute, this agreen~nt may be renewed as
provided therein.
-1-
6.22.3DIteK: P~
3. Ail proceeds of t_he t~x collected pursuant to said statute shall
be divided be~-een Palm Beach Coum~ty ~nd the cities as fo!lcws:
A. The COU~fY shall receive two-t_hirds (2/3) of all sums col-
lected.
B. The cities collectively shall receive one-third (1/3) of all
sun~ collected.
Ail money shall be collected and distributed to t-he respective parties
as provided in Chapter 336.025(2), Florida Statutes.
4. Each [~f0~ICIPALITY eligible to participate in the distribution of
the proceeds of said tax shall receive a pro rata share of the aforecited 1/3
municipality share pursuant to a formula that will be based 70% on lane
miles, iccated within a municipality for which the n~nicipality is responsi-
ble for ~_intenance and 30% upon the population of the municipality based
upon the ~ost recent University of Florida Population Estimate. Said forauta
30% x (city population) + 70% x (city lane miles) = Local Distribution
· (~,. of city population) (sum of city lane miles)
E~hibit B attached hereto and incorporated herein by reference iden-
tified each eligible municipality's pro rata share of the municipalities 1/3
share. Said distribution may be amended not ~ore than once annually by the
munici~ties prepar~g a new Exhibit B, based upon changes in the foregoing
criteria, and submitting same to the County Attorney who shall in turn
transmit same to the Depazh~ent of Revenue.
5. County staff will prepare a proposed 5-year work program based on
th~' year 2000 needs plan and arterials and collectors in the western portions
of Palm Beach County which are excluded frcm the West Palm Beach Urban Study
Area, m~h shall be attached hereto and incorporated herein as Exhibit A.
Said pro~mosed 5-year plan shall .identify staff recc~rendations to the Board
of Co%Lnty Cc~missioners of major improvememt projects which the COUNTY's 2/3
share of the proceeds of said tax shall be used to fund. The Board of County
Ccmmissioners shall retain the right to make changes to said proposed 5-year
plan provided that any changes contemplated are first reviewed by the ~etro-
politan Planning Organization, with said organization having an opportunity
to Con~nt on and present recommendations to the Board of County Cc~.~ssion-
ers prior to the adoption or implementation of said 'changes.
6.22.3DISK: PE
6. T~his is one of several Lnterlocat agre~J~nts between the COL%trY
add various ~-L%~ICIPALITIES providing the same terms for the division and
distribution of t~he proceeds of the gas t~x. Ail such agre~ments shall be
d~ one agreement (t~he Interlocal Agree~ment) for the put-poses of paragraph
(3) (a)l of Section 336.025, Florida Statutes, and the Intertocal Agreement
constitutes an intertocal agreement between PAJ2{ B~=ACH COLK%_~fY and
ML%qICIPALITIES located therein representLng a majority of the incorporated
area population within Paisa Beach County.
7. This agreement may be modified or amended only by a written
a~rreement executed by all parties hereto. The foregoing terms and conditions
constipate the entire agreement between the parties hereto and any
representations not contained herein shall be null and void and of no force
or effec?h.
8~ This agreement may be executed in counterparts and each fully
executed counterpart shall be deemed an original instrument.
~'7~DRE the parties hereto have hereunder set forth their hands and
%
seals on tb~ date first above written.
ATZEST:
John B. Dm~2<le, Clerk
PAI24 BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COL%TrY CC~5~ISSIO~RS
Deputy Clerk
(SEAL)
Chai~
A~fE ST:
· CiyClerk
CITY OF BOYTON BEACH
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T_I~P~C'RZ~ P~Z_24 BEA~--~I
~D OF YEAR 1982
INOO.qPORi~,~ED ~ OF TOTAL ~':C. iNCORPOP~%~ S OF ?OTAL I,'XC. % LC<J-~
CIT~f POPULATION POPLrLA_TION LA/~ b1IT?.q LAAS~ b{[LES DISTP.!PL5
Att~ntis 1,517 .0039 22.78 .0085 0.712
~elle Glade 16,928 .0432 132.6 .0494 4.754
BocaRaton 51,302 .1310 450.0 .1678 15.676
Boynton Beach 37,532' .0958 194.8 .0726 7.956
BrLny Breezes 381 .0010 0 .0000 0.030
Cloud L~ke 145 .0004 1.4 .0005 0.047
r'eL%~~ ~-~b . ._ 38,530 .0984 317. .1182 11.226
Golf 114 .0003 9.8 .0037 0.268
~olfvie4 205 .0005 2.4 .0009 0.078
Gre~nacres City 16,614 .0424 3~.4 .0143 2.273
r~averhill 1,257 .0Q32 13.0 .0048 0.432
Higb~LmndBeach 2,354 .0060 4. .0015 0.285
J,~.o Beack 1,241 ~.00~ 5.2 .00~ 0.22~
Jupiter' 13,274 .0339 103.4 .0386 3.719
Jupiter Inlet 400 .0010 5.4 .0020 0.170
L~ke Clarke Shores 3,184 .0081 23.8 .0089 0.866
Iake Park 6,900 .0176 59.4 .022! 2.075
Zake Wor~h 27,066 ..0691 191.8 ..0715 7.078
Lantana ~' 8,355 .0213 66.4 .0248 2.375
.Map~lape~ 348 .6009 9.2 .0034 0.265
Mangonia Park 1,377 .0035 14.0 .0052 0.469
North'PalmBeach 12,005 .0307 52.2 .0195 2.286
Ocean Ridge 1,438 .'0037 26.0 .0097 0.790
Pahokee 6,363 .0162 22.4 .0084 1.074
Pal~Beack 10,391 .0265 87.0 ..0324 3.063
PaLm BeachGardens 17,673 .0451 64.0 .0239 3.026
Pa~Beach Shores 1,243 .0032 10.2 .0038 0.362
Palm Springs 9,146 .0234 27.8 .0104 1.430
Riviera Beach 26,634 .0680 180.6 .0673 6.751
.~mfa! PaL~Beach 4,712 .0120 66.4 .0248 2.096
~_~ahibit B
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CITY
LNCORPO~
POPULATION
% OF TOTAL i~C.
POPULATION
South Bay
South PaLm Beach
Tec~aesta
~e~ Palm Beach
3,702
1,340
3,828
64,090
.0095
.0034
.0098
.1637
16.6
0
34.0
430.
% OF TC~AL ~C.
~ANE MTT,F~
.0062
.0000
.0127
.1603
% LCOZi
7)T.~T ~
0.7!~
O.!OE
1.182
16.13E