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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 -3- 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 -2- 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