R16-054 1 RESOLUTION NO. R16 - 054
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN
5 INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY,
6 THE SCHOOL BOARD OF PALM BEACH COUNTY AND THE
7 SIGNATORY MUNICIPALITIES PERTAINING TO THE SHARED
8 DISTRIBUTION AND USE OF THE ONE CENT LOCAL
9 GOVERNMENT INFRASTRUCTURE SURTAX AND PROVIDING
1C FOR AN EFFECTIVE DATE.
11
12 WHEREAS, on March 22, 2016, the Board of County Commissioners approved a
13 plan for a one -cent infrastructure surtax; and
14 WHEREAS, in order to include the School Board in the initiative and change the
15 distribution of the surtax revenues, Florid Statutes require an Interlocal Agreement between
16 the Municipalities and the County approving the distribution plan; and
17 WHEREAS, the plan approved by the Board of County Commissioners allocated the
18 sales tax. proceeds as follows: 48 percent to the School District; 27.5 percent to the County;
19 18.5 percent to the 38 municipalities within Palm Beach County; 4.5 percent to the cultural
20 institutions; and 1.5 percent to economic development; and
21 WHEREAS, the City Commission of the City of Boynton Beach, upon
22 recommendation of staff deems it to be in the best interests of the residents and citizens of the
23 City of Boynton Beach to approve and authorize the Mayor to sign the Interlocal Agreement
24 between Palm Beach County, The School Board of Palm Beach County and the signatory
25 municipalities.
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
27 THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, AS
28 FOLLOWS:
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29 Section 1. Each Whereas clause set forth above is true and correct and
30 incorporated herein by this reference.
31 Section 2. The City Commission of the City of Boynton Beach, upon recommendation
32 of staff deems it to be in the best interests of the residents and citizens of the City of Boynton
33 Beach to approve and authorize the Mayor to sign the Interlocal Agreement between Palm
34 Beach County, The School Board of Palm Beach County and the signatory municipalities, a
35 copy of the Interlocal Agreement is attached hereto as Exhibit "A ".
36 Section 3. This Resolution shall become effective immediately upon its adoption.
37 PASSED AND ADOPTED this day of ,g , 2016.
38 CITY OF BOYNTON BEACH, FLORIDA
39
40 YES NO
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42 Mayor -- Steven B. Grant
43
44 Commissioner — Justin Katz
45
46 Commissioner — Mack McCray
47
48 Commissioner — Christina L. Romelus
49
50 Commissioner — Joe Casello f� —
51
52
53 VOTE `1
54
55 ATTEST:
56
57 G k
59 Jul} h A. Pyle, CMC t
60 Iiifrim City Clerk
10 3 'A
62d
63 144)&0'1' ., .
64 (Corporate Seal)
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NGN Draft No.8 3/24/16
046.19
INTERLOCAL AGREEMENT AMONG PALM BEACH COUNTY, THE SCHOOL
BOARD OF PALM BEACH COUNTY, FLORIDA, AND THE SIGNATORY
MUNICIPALITIES PERTAINING TO THE SHARED DISTRIBUTION AND USE OF
THE ONE CENT LOCAL GOVERNMENT INFRASTRUCTURE SURTAX
THIS INTERLOCAL AGREEMENT ( "Agreement ") is made and entered into as of
this day of , 2016, by and between PALM BEACH COUNTY
( "County "), a political subdivision of the State of Florida, THE SCHOOL BOARD OF
PALM BEACH COUNTY, FLORIDA, a corporate body politic of the state of Florida
( "School Board "), and the following incorporated municipalities (collectively referred to
hereinafter as "MUNICIPALITIES "):
[insert list of signatory municipalities]
WITNESSETH:
WHEREAS, pursuant to section 212.055(2), Florida Statutes (2015), the County intends
to authorize by Ordinance the imposition of a one percent (1.0 %) local government infrastructure
sales surtax ( "Surtax ") upon taxable transactions occurring in Palm Beach County and has
provided for distribution of the proceeds from the Surtax subject to the outcome of a countywide
referendum on November 8, 2016; and
WHEREAS, the Municipalities are located within Palm Beach County, are eligible to
receive a portion of the Surtax, represent a majority of the County's municipal population, and
desire to jointly establish with the County the distribution formula for the proceeds of the Surtax
in accordance with section 212.055(2)(c)(1), Florida Statutes (2015); and
WHEREAS, section 212.055(2)(c)(1), Florida Statutes (2015), provides that this
Agreement may include a school district with the consent of the county governing authority and
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the governing bodies of the municipalities representing a majority of the county's municipal
population; and
WHEREAS, the parties to this Agreement desire to work together in order to promote
the safe, efficient, and uninterrupted provision of numerous essential public services provided by
the County, the Municipalities, and the School Board, including but not limited to safe and
efficient transportation infrastructure, public safety, parks and recreational facilities,
governmental facilities, better water quality through improved stormwater management, and
quality public education; and
WHEREAS, the parties desire to provide economic development projects and incentives
as allowed under Florida Statutes; and
WHEREAS, the parties to this Agreement shall each be responsible for the adoption of
project lists that will be funded from the Surtax Proceeds, subject to future revisions by the
governing body of each applicable g Y Pp licable entity.
NOW THEREFORE, in consideration of the promises, covenants, and commitments
contained herein and other good and valuable consideration, the receipt and adequacy of which are
hereby acknowledged set forth herein, the parties agree as follows:
SECTION 1. RECITALS.
The foregoing recitals are true and correct and are hereby incorporated into and become a
part of this Agreement.
SECTION 2. TERM.
This Agreement shall become effective when approved by the governing bodies of the
County, the requisite number of Municipalities, and the School Board pursuant to section
212.055(2)(c)(1), Florida Statutes (2015). This Agreement shall remain in effect for the life of
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the Surtax imposed pursuant to the County Ordinance imposing the Surtax (the "Ordinance ")
and until all Surtax Proceeds, as defined in Section 2 below, are expended by the respective
parties.
SECTION 3. DISTRIBUTION PERCENTAGES.
the collected Surtax less the amounts retained b
(a) The Surtax Proceeds, defined as t by
the Florida Department of Revenue for administrative expenses pursuant to section 212.055(2),
Florida Statutes (2015), derived from the Surtax levied and imposed by the County shall be
distributed by the Department of Revenue directly to the parties to this Agreement as follows:
Recipient, - Share of Total Proceeds
Palm Beach County 33.5% (includes 4.5% for
economic development cultural
facilities and at least 1.5% for
economic development
incentives )
School Board of Palm Beach 48%
County, Florida
Municipalities within Palm 18.5% (to be divided
Beach County proportionately among them
based on population in the
manner as set forth in Section
218.62(3), Florida Statutes for
distribution of the half -cent sales
tax to municipalities; provided
that the County's share received
shall be as described herein and
not pursuant to Section 218.62,
Florida Statutes).
(b) Distribution of the Surtax Proceeds hereunder shall be made monthly by the
Department of Revenue from the Discretionary Surtax Clearing Trust Fund directly to the
County, the Municipalities, and the School Board as to their respective shares of Surtax
Proceeds during the term of this Agreement commencing on or about January 2017 and each
3
month thereafter during the term of this Agreement.
SECTION 4. USE OF SURTAX PROCEEDS.
The parties to this Agreement each certify that all Surtax Proceeds shall be expended
only as permitted by section 212.055(2), Florida Statutes and the ballot language of the
November 8, 2016 referendum. The County, the Municipalities, and the School Board shall each
be separately responsible for the adoption of project lists that will be funded from the Surtax
Proceeds, subject to future revisions by the governing body of each applicable entity. Any
future revisions of the resolution(s) of the individual parties shall not require an amendment to
this Agreement or the joinder and consent of the other parties.
SECTION 5. CREATION OF CITIZEN OVERSIGHT COMMITTEES.
(a) The County, the Municipalities, and the School Board shall each separately
provide for the creation of citizen oversight committees ( "Committee" or collectively
"Committees ") to provide for citizen review of their respective expenditure of Surtax Proceeds,
as soon as possible after the Surtax becomes effective, but not later than the date on which Surtax
funds are first expended. A Municipality may either participate in an oversight committee
created by the Palm Beach League of Cities or create its own committee.
(b) The Committees shall serve as advisory and reporting bodies to the creating
entities. Each creating entity shall establish specific duties and membership requirements
governing Committee operations and participation.
(c) The Committees shall meet monthly, or as otherwise needed to fulfill their duties
and responsibilities. Each Committee shall provide an annual report to the governing board of
the entity which created it no later than December 31 of each year for acceptance.
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IN WITNESS WHEREOF, the Parties hereto, through their duly authorized
representative, have caused this Local Government Infrastructure Surtax Interlocal Agreement
to be duly executed in counterparts by their respective and duly authorized officers as of
the date set forth above.
PALM BEACH COUNTY, FLORIDA
By:
Mary Lou Berger
Mayor
(SEAL)
ATTEST:
Sharon R. Bock, Clerk & Comptroller
Circuit Court
By:
Deputy Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
By:
County Attorney
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of
2016, by MARY LOU BERGER, as Mayor of PALM BEACH COUNTY, FLORIDA a political
subdivision of the State of Florida, on behalf of Palm Beach County, Florida. Said person is
personally known to me or has produced a valid driver's license as identification.
Notary Public; State of Florida
Print Name:
My Commission Expires:
My Commission No.:
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THE SCHOOL BOARD OF PALM BEACH
COUNTY, FLORIDA
By:
Chuck Shaw, Chairman
By:
Robert M. Avossa; Ed.D., Superintendent
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of
2016, by Chuck Shaw, as Chairman of THE SCHOOL BOARD OF PALM BEACH COUNTY,
FLORIDA, on behalf of the School Board of Palm Beach County, Florida. Said person is
personally known to me or has produced a valid driver's license as identification.
Notary Public; State of Florida
Print Name:
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of
2016, by Robert M. Avossa, Ed.D., as Superintendent of THE SCHOOL BOARD OF PALM
BEACH COUNTY, FLORIDA, on behalf of the School Board of Palm Beach County, Florida.
Said person is personally known to me or has produced a valid driver's license as identification.
Notary Public; State of Florida
Print Name:
My Commission Expires:
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CITY OF BOYNTON BEACH, FLORIDA
By:
Name: Steven B Grant
Title: Mayor
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of April, 2016, by
Steven B. Grant, as Mayor of THE CITY OF BOYNTON BEACH, FLORIDA, a municipal
corporation and a public body corporate and politic of the State of Florida, on behalf of the City
of Boynton Beach, Florida. Said person is personally known to me or has produced a valid
driver's license as identification.
Notary Public; State of Florida
Print Name:
My Commission Expires:
CITY OF , FLORIDA
By:
Name:
Title:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2016, by , as of THE CITY OF
FLORIDA, a municipal corporation and a public body corporate and politic of the State of
Florida, on behalf of the City of , Florida. Said person is personally known to
me or has produced a valid driver's license as identification.
Notary Public; State of Florida
Print Name:
My Commission Expires:
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