84-GRESOLUTION 84-
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BOYNTON BEACH, FLORIDA,
ESTABLISHING A LOCAL OPTION GAS TAX
FUND
WHEREAS, Florida Statutes have been adopted that
create a Local Option Gas Tax; and
WHEREAS, the Local Option Gas Tax'has been agreed
to in Palm Beach County; and
WHEREAS, a stated portion of that Gas Tax Will be
distributed by the State to the City of Boynton Beach in
accord with an agreed upon formula.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BOYNTON BEACH AS FOLLOWS:
Section 1. That the City of Boynton Beach
establishes a "Local Option Gas Tax Fund" which will be the
depository for the funds received from the Local Option Gas
Tax and will be the fund from which expenditures for
appropriate transportation improvements will be approved by
the Boynton Beach Mayor and City Council.
Section 2. This Resolution shall take effect imme-
diately upon its passage.
1984.
PASSED
AND
ADOPTED
/
ATTEST
City C~rk '
(Corp. Seal)
CITY OF BOYNTON BEACH, FLORIDA
hfice M~r ~
F -�
RESOLUTION NO. R -83 -769
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
PALM BEACH COUNTY, FLORIDA, APPP.OVING AND
jd AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT
BETWEEN PALM BEACH COUNTY AND THE MUNICIPALITIES
? LOCATED THEREIN FOR THE DISTRIBUTION OF PROCEEDS
FROM. THE LOCAL OPTION GAS TAX.
WHEREAS, the Board of County Commissioners of Palm Beach
i 3 County, Florida, enacted a local option gas tax ordinance as provided by
Chapter 336.025, Florida Statutes, on July 5, 1983; and
WHEREAS, pursuant to said ordinance, the proceeds derived
from the local option gas tax are to be divided between the County and
eligible municipalities as provided in an interlocal agreement between
Palm Beach County and the municipalities located therein; and
WHEREAS, said agreement must be executed not later than July
' 15, 1983; and
WHEREAS, the terms and conditions of said interlocal
if
agreement has been agreed upon by representatives of Palm Beach County
1 and the municipalities located therein as a result of extensive
negotiations.
NC W, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that the interlocal
agreement attached hereto, and incorporated herein by reference, is
hereby approved and that the Chairman and Clerk of this Board are
authorized, in their respective capacities, to execute said agreement on
behalf of Palm Beach County, Florida.
The foregoing resolution was offered by CommissionerKaehler
who moved its adoption. The motion was seconded by Commissioner Spillias
and upon being put to a vote, the vote was as follows:
PECGY B. EVATT - ABSENT
KENNETH G. SPILLIAS - AYE
, �
DENNIS P. KOEHLER - AYE
DOROTHY H. WILKEN - NAY
{
BILL BAILEY - AYE
ii
The Chairman thereupon declared the resolution duly passed
and adopted this 12th day of July, 1983. J � •
J , 4
APPROVED AS TO FORM N D PALM BEACH COUNTY; XIORII3A, BY ITS_
LEGAL SUFFICIENCY BOARD OF COUN'T'Y ` CgIN IS i'ONERS
John W le, C ?erk " r
'. Attorney' By JI,.4
+ Deputy C•lek
1
INTEPLOC.AL AGRE F SIT
WHEREAS, Chapter 336.025, Florida Statutes was enacted by the Florida
Legislature and took effect on March 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 munic-
ipalities 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, 1983.
NOW, THEREFORE, IT IS HEREBY AGREED on this /, day of L ,,• ,
1983, by and between PALM BEACH COUNTY, hereinafter referred i as• "OOUNTY
and CITY OF BOYTON BEACH, hereinafter referred to as "THE MUNI IPALITY" for
and in consideration of the mutual covenants contained here that:
1. Ibis agreement is entered into with the specific wnterplation
that the Board of County Commissioners of Palm Beach County will enact an
appropriate ordinance to levy a local option gas tax within Palm Beach
County, with said tax being imposed effective on September 1, 1983 and to
remain in effect for a period not to exceed five (5) 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 reimposes said tax
as provided in Section 1(b) of said statute, this agreement may be renewed as
provided therein.
-1-
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 col-
lected.
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 aforecited 1/3
municipality share pursuant to a formula that will be based 70% on lane
miles, located within a municipality for which the municipality is responsi-
ble for maintenance and 30o upon the population of the municipality based
upon the most recent University of Florida Population Estimate. Said formula
is:
30% x (city population) + 70% x (city lane miles) = Local Distribution
(sum of city population) (sum of city lane miles)
Exhibit 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 more than once 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 5 -year work program based on
the year 2000 needs plan and arterials and collectors in the western portions
of Palm Beach County which are excluded from the West Palm Beach Urban Study
Area, which shall be attached hereto and incorporated herein as Exhibit A.
Said proposed 5 -year plan shall identify staff recommendations to the Board
of County Commissioners of major improvement projects which the COUNTY's 2/3
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 5 -year
plan provided that any changes contemplated are first reviewed by the Metro-
politan Planning Organization, with said organization having an opportunity
to comment on and present recommendations to the Board of County Commission-
ers prior to the adoption or implementation of said changes.
-2-
6. 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 one agreement (the Interlocal Agreement) for the purposes 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.
7. 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.
8. 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.
• c ATTEST :, � . PATZ 1 BEACH COUNTY, FLORIDA, BY ITS
• • • BOSS OF osUNTY CO'MISSIONERS '
-.1T / / r . D pkle, Clerk /
�• �1 ,,,v
(V / 11.E 1J Q_. - ._,_ J ezz
uty e r .� ` 1 a Chairman
, I. • :',
1SIMI ' - .
fry 14 t N -3
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TEST: CITY OF BOYTON BEACH
......
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4 f ,
` ' . n;'Ci. ' Clerk / 1 V/ y
e, -Mayor
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APPRov 1,
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T TORN Y
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INCORPORATED PALM BEACH COUNTY
POPULATION AND LANE misT7. DISTRIBUTION
END OF YEAR 1982
INCORPORATED OF TOTAL INC. INCORPORATED 6 OF TOTAL L, INC. o LOGN
CITY POPULATION POPULATION LANE MITES LANE MITTS DISTRIBUT
Atlantis 1,517 .0039 22.78 .0085 0.712
Belle Glade 16,928 .0432 132.6 .0494 4.754
Boca Raton 51,302 .1310 450.0 .1678 15.676
Boynton Beach 37,532 .0958 194.8 .0726 7.956
Briny Breezes 381 .0010 0 .0000 0.030
Cloud Lake 145 .0004 1.4 .0005 0.047
Le1x i Dom... =c_h _ 38,530 .0984 317. .1182 11.226
Golf 114 .0003 9.8 .0037 0.268
Golfvied 205 .0005 2.4 .0009 0.078
Greenacres City 16,614 .0424 38.4 .0143 2.273
Haverhill 1,257 .0032 13.0 .0048 0.432
Highland Beach 2,354 .0060 4. .0015 0.285
Juno 3eaco 1,241 .0032 5.2 .0019 0.229
Jupiter 13,274 .0339 103.4 .0386 3.719
Jupiter Inlet 400 .0010 5.4 .0020 0.170
Lake Clarke Shores 3,184 .0081 23.8 .0089 0.866
Lake Park 6,900 .0176 59.4 .0221 2.075
Lake Worth 27,066 .0691 191.8 .0715 7.078
Lantana 8,355 .0213 66.4 .0248 2.375
Manalapan 348 .G009 9.2 .0034 0.265
Mangonia Park 1,377 .0035 14.0 .0052 0.469
North Palm Beach 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
Palm Beach 10,391 .0265 87.0 .0324 3.063
Palm Beach Gardens 17,673 .0451 64.0 .0239 3.026
Palm 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
Royal Palm Beach 4,712 .0120 66.4 .0248 2.096
tl ibit B -2-
_
INCORPORATED 75 OF TOTAL INC. INCORPORATED % OF TOTAL INC. % LOCAL
CITY POPULATION POPULATION LANE MTTGS LANE `4TT.F_S fTRTPTI
South Bay 3,702 .0095 16.6 .0062 0.71
South Palm Beach 1,340 .0034 0 .0000 0.10:
Tequesta 3,828 .0098 34.0 .0127 1.18:
West Palm Beach 64,090 .1637 430. .1603 16.13:
STATE OF FLORIDA
SS.
COUNTY OF PALM BEACH j
I, JOHN B. DUNKLE, Clerk of the Circuit Court of the Fifteenth
Judicial Circuit and ex- officio Clerk of the Board of County Commissioners
of Palm Beach County, Florida, do hereby certify that the above and fore-
going is a true and correct copy of a
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY,
FLORIDA, APPROVING AND AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT
BETWEEN PALM BEACH COUNTY AND THE MUNICIPALITIES LOCATED THEREIN FOR
THE DISTRIBUTION OF PROCEEDS FROM THE LOCAL OPTION GAS TAX.
being Resolution No. R -83 -769 adopted by the Board of County Commissioners in
meeting held July 12, 1983, as same appears of record in County
Commissioners' Minutes Book No. 163 in this office.
IN WITNESS WHEREOF, I have hereunto set my hand and seal of said Board
this 19th day of July, A.D. 1983.
JOHN B. DUNKLE, Clerk
Board of County Commissioners
By i
Deputy Clerk
( S E A L (