R95-063RESOLUTION NO. R95-~J~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A LOCAL OPTION GAS TAX IINTERLOCAL
AGREEMENT AS AMENDED, BETWEEN THE CITY OF
BOYNTON BEACH AND PALM BEACH COUNTY, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 336.025(1)(1), Florida Statutes, enacted by the Florida
Legislature authorizes a local option gas tax to be levied upon the sale of every gallon
of motor fuel and special fuel within Palm Beach County; and
WHEREAS, said parties already have in effect an Interlocal Agreement
providing for distribution of the local option gas tax; and
WHEREAS, said Interlocal Agreement providing for such distribution will expire
on or about August 31, 1995; and
WHEREAS, representatives of the County and the Municipalities have met and
negotiated mutually acceptable terms and conditions for a new Interlocal Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida, hereby
authorizes the Mayor and City Clerk to execute a Local Option Gas Tax Interlocal
Agreement as Amended between the City of Boynton Beach, Florida and Palm Beach
County.
Section 2. This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this /z~' day of April, 1995.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
Cit~Clerk
(Corporate Seal)
GasTax. Option
4/14/95
Mayor
~i~~ Mayor
,~mmissioner
idr9s
INTERLOCAL AGREEMENT R 9 5 8 8 1
This Agreement is made this day of 3 l j 1_ 1 1 1995 , 19 by and between
Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as the
"COUNTY" and City of Boynton Beach , a municipal corporation located in Palm
Beach County, organized and existing in accordance with the laws of the State of Florida, hereinafter
referred to as the "MUNICIPALITY "
WITNESSETH
WHEREAS, Section 336 025(1)(a), Florida Statutes, enacted by the Florida Legislature
authorizes a one (1), two (2), three (3), four (4), five (5) and /or six (6) cent local option gas tax to
be levied upon the sale of every gallon of motor fuel and special fuel within the COUNTY, and
WHEREAS, said statute contemplates an interlocal agreement by and between the 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, the parties already have in effect an Interlocal Agreement(s) providing for
distribution of the first (1st), second (2nd), third (3rd), fourth (4th), fifth (5th) and sixth (6th) cents
of the local option gas tax, and
WHEREAS, the Interlocal Agreement(s) providing for such distribution will expire on or
about August 31, 1995, and
WHEREAS, representatives of the COUNTY and the various MUNICIPALITIES have met
and negotiated mutually acceptable terns and conditions for a new Interlocal Agreement which are
set forth herein, and
WHEREAS, this Interlocal Agreement must be approved and executed by the COUNTY and
a sufficient number of MUNICIPALITIES in the COUNTY which represent a majority of the
population of the incorporated area within the COUNTY not later than May 31, 1995.
NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained
and for such other good and valuable consideration, the receipt of which the parties hereby expressly
acknowledge, the parties hereto covenant and ag!ee to the following terms and conditions:
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 extend the six
(6) cents local option gas tax previously levied for an additional period of time with said tax being
imposed effective on September 1, 1995. In the event the Board of County Commissioners of Palm
Beach County fails or refuses to enact said ordinance to extend the six (6) cents tax, this Agreement
shall be null and void.
2. The terms of this Agreement shall be for the same duration as the amendment to the
local option gas tax ordinance identified in paragraph 1 hereof extending the levy of the six (6) cents.
Upon expiration of the period for which said tax is levied as provided for in the amendment to the
COUNTY ordinance, this Agreement shall terminate except that if the Board of County
Commissioners reimposes said tax as provided in Section 1(a) of said statute, this Agreement may
be renewed as provided therein.
3 A All proceeds of the six (6) cents of the tax collected pursuant to said statute
shall be divided between the COUNTY and the municipalities as follows; or as may be mutually
agreed upon by the parties pursuant to paragraph 16:
i. The COUNTY shall receive two - thirds
(2/3) of all sums collected.
ii. The municipalities collectively shall
receive one -third (1/3) of all sums
collected
B. All money shall be collected and distributed to the respective parties as
provided in Section 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 one -third (1/3) MUNICIPALITY share
pursuant to a formula that will be based seventy percent (70 %) on lane miles located within a
MUNICIPALITY for which the MUNICIPALITY is responsible for maintenance and thirty percent
(30 %) upon the population of the MUNICIPALITY based upon the most recent University of Florida
Population Estimate. Said formula is.
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30% x (city population) + 70% x (city lane miles) = Local Distribution
(sum of city population) (sum of city lane miles)
Exhibit A attached hereto and incorporated herein by reference identifies each eligible
MUNICIPALITY's pro rata share of the MUNICIPALITIES' collective one -third (1/3) share. Said
distribution may be amended not more than once annually by the Palm Beach County Municipal
League, Inc , preparing on behalf of the said MUNICIPALITIES a new Exhibit "A" based upon
changes in the foregoing criteria and submitting same by June 1st of any year to the County
Administrator who shall in turn transmit same to the Department of Revenue.
5. 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
first six (6) cents of the local option gas tax. As such, this Interlocal Agreement may be executed in
one (1) or more counterparts, each of which shall be deemed an original, but all of which shall
constitute one (1) in the same instrument (the Interlocal Agreement) for the purpose of Section
336.025, Florida Statutes. The Interlocal Agreement constitutes an interlocal agreement between the
COUNTY and the MUNICIPALITIES located therein representing a majority of the incorporated
area population within the COUNTY.
6. The parties agree to meet every two (2) years to evaluate the method of distribution
of the local option gas tax revenues in accordance with Section 336.025(1)(d), Florida Statutes. The
MUNICIPALITIES shall be collectively represented at such meeting by the Palm Beach County
Municipal League, Inc. and the COUNTY by representatives as selected by the County
Administrator's office. The Municipal League or the County may call for such meeting by providing
thirty (30) days notice to the other as set forth in paragraph 13 herein
7. Nothing in this Agreement shall preclude either party from litigating against the other
on matters completely unrelated to and not contemplated by this Agreement.
8. This Agreement shall take effect only upon execution both by the COUNTY and those
MUNICIPALITIES representing a majority of the population of the incorporated areas of the
COUNTY. In the event that either the COUNTY fails or refuses to execute this Agreement or in the
event that those MUNICIPALITIES representing a majority of the population of the incorporated
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areas of the COUNTY fail to execute this Agreement, then this Agreement automatically shall be null
and void and the parties hereto shall have no further rights or responsibilities hereunder.
9 The invalidity of any portion, article, paragraph, provision, clause or any portion
thereof of this Agreement shall have no affect upon the validity of any other part or portion hereof
10. To the extent allowed by law, the venue for any action arising from this Agreement
shall be in Palm Beach County, Florida.
11. This Agreement shall be governed by and in accordance with the laws of the State of
Florida.
12. In any action brought by either party for the enforcement of the obligations of the
other party, the prevailing party shall be entitled to recover reasonable attorneys' fees
13 Any notice given under the provisions of this Agreement shall be in writing and shall
be delivered personally or sent by certified or registered mail, postage prepaid, to:
COUNTY
Palm Beach County
Board of County Commissioners
301 N. Olive Avenue
West Palm Beach, FL 33401
WITH A COPY TO:
County Attorney
301 N. Olive Avenue, Suite 601
West Palm Beach, FL 33401
MUNICIPALITIES.
Palm Beach County Municipal League, Inc.
301 N. Olive Avenue, lOth Floor
P.O. Box 1989 - Government Center
West Palm Beach, FL 33402
Attention. Executive Director, Jack L. Horniman
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WITH A COPY TO.
Trela J. White, Esq
Attorney for Palm Beach County Municipal League, Inc.
Corbett & White
505 S. Flagler Drive, Suite 1003
West Palm Beach, FL 33401
The Municipal League, upon receipt of any notice provided herein, shall provide like notice to each
municipality that is a party to the Agreement. Notice by certified or registered mail, return receipt
requested, shall be deemed effective on the date that such notice is deposited in a United States Post
Office.
14 The parties expressly agree that time is of the essence in this Agreement and the failure
by a party to complete performance within the time specified, or within a reasonable time if no time
is specified herein, shall, at the option of the other party without liability, in addition to any other
rights or remedies, relieve the other party of any obligation to accept such performance
15. The parties hereto expressly covenant and agree that in the event either party is in
default of its obligations herein, the party not in default shall provide to the party in default thirty (30)
days written notice to cure said default before exercising any of its rights as provided for in this
Agreement
16. The parties agree that this Agreement sets forth the entire agreement between the
parties, and there are no promises or understandings other than those stated herein. None of the
provisions, terms and conditions contained in this Agreement may be added to, modified, superseded
or otherwise altered except by written instrument executed by the parties hereto
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals in the day set
forth above.
ATTEST: (NAME OF MUNICIPALITY)
By: ,Irir �G=
�
� unici al Clerk Mayor
p , -OVE ' AS 0 FORM:
tt
CITY ATTir
ATTEST: PALM BEACH COUNTY, FLORIDA
DOROTHY H. WILKEN, Clerk BY ITS BOARD OF COUNTY
COMMISSIONERS
By: _ ` , By: l
Deputy Clerk 77Q r t.J1 BS ^'t Chair
COUNTY, :IS R 9 8 8 1
APPROVED AS TO FORM ' C'C 1
,, P
y �
' ���* ` , 3� � 1 1995
AND LEGAL SUFFICIENCY ,,,
G
By:
County Attorney
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AMENDMENT #1 TO INTERLOCAL AGREEMENT R 9 5 8 8 8
This Amendment to the Interlocal Agreement dated August, 1993,
by and between Palm Beach County, a political subdivision of the
State of Florida, (hereinafter referred to as "COUNTY ") and
City of Boynton Beach , a municipality located in Palm Beach County,
Florida (hereinafter referred to as "MUNICIPALITY ") is made and
entered into this day of 1995 , 1995
W I T N E S S E T H:
WHEREAS, Section 336.025(1)(b), Florida, Statutes, authorizes
the levy of 1, 2, 3, 4, or 5 cent local option gas tax within the
COUNTY; and
WHEREAS, the COUNTY and MUNICIPALITY entered into an
Interlocal Agreement in August, 1993, to provide for the
distribution formula for dividing the proceeds of the tax among the
COUNTY and all eligible MUNICIPALITIES within the COUNTY; and
WHEREAS, the parties now wish to amend the Interlocal
Agreement to provide periodic reviews of the method of distribution
of local option gas tax revenues as referred to in Section
336.025(1) (d) .
NOW, THEREFORE, in consideration of the premises and the
mutual covenants herein contained, and for such other good and
valuable consideration, the receipt of which the parties hereby
expressly acknowledge, the parties hereto agree to amend the
Interlocal Agreement as follows:
1. A new paragraph 15 shall be added to provide:
The parties agree to meet every two
(2) years to review the method of
distribution of the local option gas
tax revenues in accordance with
Section 336.025(1)(d), Florida
Statutes. The MUNICIPALITIES shall
be collectively represented at such
meetings by the Palm Beach County
Municipal League, Inc. and the
COUNTY by representatives as
selected by the County
Administrator's office. Either the
Municipal League or the County may
call for such meeting by providing
thirty (3 0) days notice to the other
as set forth in paragraph 11 herein.
2. All other terms and conditions of the Interlocal
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals in the day set forth above.
APPR E T+ FORM'
ATTEST: (NAME OF MUNICIPALITY)
lTY ATTOR
BY: / By : x'/141
/unicipal Clerk yor
ATTEST: PALM BEACH COUNTY, FLORIDA BY ITS
DOROTHY H. WILKEN, Clerk _a„ BOARD OF COUNTY COMMISSIONERS
By //1144Q' B� 4 'Q ' ll
Deputy C1ertU COUNTY,
1,03, t- ;ins
,�4. O
APPROVED AS TO FORM ��� 'r d c; _ O R � ' 0 R
AND LEGAL SUFFICIENCY r 't4 7 3 - ; 5`� R 7 5 8 8 8 D
By: i
JUL 1 1 1995
County A torney
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