85-IIA 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 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; and
WHEREAS, this Interlocal Agre~e~ is entered into
with the understanding that the Board of County
Commissioners of Palm Beach County will enact an appropriate
ordinance to levy a four cent (4%) local op~on gas tax
within Palm Beach County.
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 18th day of June, 1985.
CITY OF BOYNTON BEACH, FLORIDA
Vice Mayor /
Coun
ATTEST:
City C~rk
(Corporate Seal)
Council Member
Soard of County Commission-ers
*,~.~:ne~. M. Adams,
Irmren T...Marcus, Vice Ca=ir
Ken ~pi!h~
9e~'rv L. Owens
Dorothy W~lken
J.une 4, 198.5
County Administrator
John C. Sansbury
TO MAYORS OF MUNICIPALITIES
OF PALM BEACH COUNTY
Department of Engineering
and Public Works
H. F. Kahler~:
C~.~ nt¥ Engineer
Local government is in need of capital funds to construct the road infrastructure
system required to meet the traffic demands which have been placed On the roads
of this County.
In i983, Palm Beach County, with the cooperation of the municipalities, imposed
2 cents of a possible ~4 cents (per gallon) local option gas tax, w~ich was authorized
by the 1983 legislatur~ The Board of County Commissioners is currently considering
the imposition of the ~dditional 2 cent gas tax, and is requesting your support
and cooperation.
The distribution to the County and Cities of these funds was established in the
uniform intertocal agreement' executed during the 1983 adoption process. An interlocal
agreement which will modify the previous agreement to incorporate the additional
2 cent gas tax is being forwarded for your consideration and execution. The estimated
revenue which will be generated for each municipality by this additional 2 cent
gas tax, is attached for your information.
tie are working under statutory deadlines which require the adoption, prior to July
30th, of an ordinance imposing this gas tax. The interlocal agreement must be
executed by July 12th. It is therefore requested that you return this agreement
prior to Monday, July 8th, so the Board of County Commissioner may act on it at
the Tuesday, July 9th Commission Meeting at the latest.
Should you have any questions or require any assistance concerning this matter,
please ~ + * .- ~
~on,ac. Mr. H-n:y Frakes, Assistant County Engineer, at 684-4010. Mr.
Frakes will be coordinating this effort. Please hand deliver any documents concerning
this matter to Mr. Frakes or call his office and he will have the documents picked
up.
I realize that this is a short time frame and your cooperation and assistance is
sincerely requested and appreciated.
As authorized by the Board of County Commissioners,
Kenffeth d, Adams, Chairman
Board of County Commissioners
K~,~:GHF:a
BOX 2429
WEST PALM BEACH, FLORt,,.~ 33402
(305) 684-4000
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)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, 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 HEREBY AGREED on this 18th day of
June , 1985, by and between PALM BEACH COUNTY, hereinafter
referred to as "COUNTY" and CITY OF BOYNTON BEACH
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
1 -- - --_. _ _.- . _ ----- - T - --- --
5.31.5 RAGmej "Gas Tax Interlocal Agreement"
3. All proceeds of the tax collected pursuant to said statute
shall be divided between Palm Beach County and the cities as follows:
,.A. The COUNTY shall receive two- thirds (2/3) of all
sums collected.
B. The cities collectively shall receive one -third
(1/3) of all sums collected.
All money shall be collected and distributed to the respective
parties as provided in Chapter 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 1/3 MUNICIPALITY share pursuant to a formula that will
be based 702 on lane miles, located within a MUNICIPALITY for which the
MUNICIPALITY is responsible for maintenance and 302 upon the population
of the MUNICIPALITY based upon the most recent University of Florida
Population Estimate. Said formula is:
302 x (city population) + 702 x (city lane miles) = Local Distribution
(sum of city population) (sum of city lane miles)
Exhibit "B" attached hereto and incorporated herein by
reference identified each eligible MUNICIPALITY'S prop rata share of the
MUNICIPALITIES 1/3 share. Said distribution may be amended not more than
one annually by the MUNICIPALITIES preparing 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 Department of Revenue.
5. County staff will prepare a proposed county -wide five year
work program on or' before September 1, 1985, to be updated yearly. The
West Palm Beach Urban Study Area portion of the work program will be
based upon the Metropolitan Planning Organization plan for arterials and
collectors. Said proposed five year work program shall identify staff
recommendations to the Board of County Commissioners for major
improvement projects, which the COUNTY'S share of the proceeds of said
tax shall be used to fund. The Board of County Commissioners shall
retain the right to make changes to said proposed five year plan,
provided that any changes contemplated within the urban study area are
first reviewed by the Metropolitan Planning Organization, with said
Organization having an opportunity to comment on and present
recommendations to the Board of County Commissioners prior to the
adoption or implementation of said changes.
2
5.31.5 RAGmej "Gas Tax Interlocal Agreement"
6. Exhibit "A ", the 1983 five year work program, shall be
completed subject to any further changes being reviewed by the
Metropolitan Planning Organization as stated above in Paragraph 15.
7. 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 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.
8. 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 and
any representations not contained herein shall be null and void and of no
force or effect.
9. This agreement may be executed in counterparts and each
,,,€kiI1t'executed counterpart shall be deemed an original instrument.
' ��1r
c� �;.• v HF�$E FORE the parties hereto have hereunder set forth their
cam � .,.
tian s, l a on the date first above written.
L ' A U r aii r _r
• , PALM BEACH COUNTY, FLORIDA, BY ITS
• _RK BOARD OF CO COMMISSIONERS
•. �is tirt nrr rsioners
•
y Hep�'ty� �1G`f�tk ✓ Cha
1y ..
•S F4
1
•
. =J t7
•ATTEST:
, J
• •. : ee
City lerk Mayor
APP DASTOF• - M
q ,LGA ,'.. ,,.
BY
County Attu licy
3
"was
f7AJUK IfIrKUvMI .Nts & MUM: "A" • Ammxxiumm. L% una inn cows 4 111
PROPOSED 5 YEAR CONSTRUCTION PROGRAM
PROJECT LIMITS LENGTH TYPE OF WORK FIVE YEAR PROGRAM
MILES r
1983 -84 + 1984 -85 1985 -86 1986 -87 1987 -88
r
Lake Ida Rd. Congress Ave. to Military 1.9 2 Lane to 4 Lane Constr. 1 '
Trail 750,000 $
x
Plans Constr.
Congress Ave. Boynton Beach Blvd. to 2.1 2 Lane to 4 Lane 200,000 2,750,000
L -28 Canal (South Tech) R/W
250,000
'
Extend existing project to Constr.
45th Str. 1 -95 to Greenwood of Greenwood & expand 300,000
portions of 4 lane to
6 lane
. 0
2 Lanes to 4 Lanes
Congress Ave. Hypoluxo to Lantana 1.0 Supplement other funds to Constr.
allow project to proceed 250,000
. E
Old Dixie Hwy. S. Co. Line to Glades 2.9 2 Lanes to 4 lanes Plans , R/W
200,000 500,000
Airport Rd. 2 miles east of SR715 to
5 miles east of SR715 3.0 Reconstruct 2 lanes Const.
2,000,000
Congress Ave. L -30 Canal (S. of Hunter's Plans R/W Constr.
Run) to W. Atlantic Ave. 1.7 2 Lane to 4 Lane 160,000 1 175,000 2,250,000
L UIJ VLS £ 1LL L\V V Lk LL1.LJ LAlL LLi£ n -��- ' - -�-'- T ■■■• -' -∎
PROPOSED 5 YEAR CONSTRUCTION PROGRAM
r
PROJECT LIMITS LENGTH TYPE OF WORK FIVE YEAR PROGRAM n `
MILES
1983 -84 I 1984 -135 1985 -86 1986 -87 1987 -88 `r#
■
i 1
Military Trail R -706 to Jupiter Lakes Blvd. .8 2 Lane to 4 Lane Plans R/W Constr.
50,000 100,000 1,000,000
4
Congress Ave. Palm Beach Lakes Blvd. to 2.1 2 Lane to 4 Lane Plans Constru. 3 1
45th Street 80,000 1,500,000
1
Hypoluxo Road U.S. 1 to Congress Avenue 2.0 2 Lane to 4 Lane Plans R/W Constr..
10,000 325,000 2,750,000 1
I1
Lantana Road 1 -95 to Congress Avenue 1.4 2 Lane to 4 Lane Plans R/W Constr.*
30,000 200,000 2,000,000
Operational
Improvements 50,000 1 50,000 50,000 50,000 50,000 '
Congress Ave. Yamato Road to Linton Blvd. 3.0 2 Lane to 4 Lane 1,900,000 1
l
t
I
—
*May Be Partial Construction
' If Revenues Insufficient
EXHIBIT B
INCORPORATED PALM BEACH COUNTY
POPULATION AND LANE MILES DISTRIBUTION
. END OF YEAR 1984
PERCENT OF PERCENT OF PERCENT
INCORPORATED TOTAL INC. INCORPORATED TOTAL INC. LOCAL
CITY POPULATION POPULATION LANE MILES LANE MILES DISTRIBUTION
Atlantis 1,571 0.38 22.5 0.82 0.688
Belle Glade 17,144 4.14 132.6 4.81 4.609
Boca Raton 53,353 12.87 482.0 17.49 16.104
Boynton Beach 39,187 9.45 206.1 7.48 8.071
Briny Breezes 371 0.09 .0 .00 0.027
Cloud Lake 152 0.04 1.4 0.05 0.043
Delray Beach 41,011 9.89 315.8 11.46 10.989
Golf 119 0.03 10.2 0.37 0.268
Golfview 211 0.05 2.4 '0.09 0.078
Greenacres City 21,821 5.26 38.4 1.39 2.551
Gulfstream 502 0.12 10.0 0.36 0.288
Haverhill 1,258 0.30 13.0 0.47 0.419
Highland Beach 2,847 0.69 4.0 0.15 0.312
Hypoluxo 870 0.21 .0 .00 0.063
Juno Beach 1,634 0.39 5.2 0.19 0.250
Jupiter 16,425 3.96 93.0 3.38 3.554
Jupiter Inlet Colony 414 0.10 5.4 0.20 0.170
Lake Clarke Shores 3,182 0.77 26.0 0.94 0.889
Lake Park 6,831 1.65 59.4 2.16 2.007
Lake Worth 27,307 6.59 191.8 6.96 6.849
Lantana 8,395 2.03 66.4 2.41 2.296
Manalapan 361 0.09 9.2 0.33 0.258
Mangonia Park 1,342 0.32 14.0 0.51 0.453
North Paim Beach 12,292 2.97 52.2 1.89 2.214
Ocean Ridge 1,492 0.36 26.0 0.94 0.766
Pahokee 6,535 1.58 22.4 0.81 1.041
Palm Beach 10,496 2.53 92.6 3.36 3.111
Palm Beach Gardens 19,016 4.59 64.0 2.32 3.001
Palm Beach Shores 1,256 0.30 10.3 0.37 0.349
Palm Springs 9,281 2.24 27.8 1.01 1.379
Riviera Beach 27,318 6.59 180.6 6.55 6.562
Royal Palm Beach 5,938 1.44 66.4 2.41 2.119
South Bay 3,633 0.88 20.4 0.74 0.782
South Paim Beach 1,391 0.34 .0 .00 0.102
Tequesta 3,870 0.93 34.0 1.23 1.140
West Palm Beach 65,731 15.86 450.0 16.33 16.189
i
_ ..� _. . ., , - ......._ __ - _.
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, on June 4th, 1985,
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
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 •
i APPROVED AS TO FORM �G; l •
AND LEGAL SUFFIC CY By: �_
Deputy Clerk L
ft
By:
. my Attorney .
•
{ 2