R93-122RESOLUTION NO. R93-/~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A CERTAIN INTERLOCAL AGREEMENT BETWEEN
PALM BEACH COUNTY AND THE CITY OF BOYN~ON
BEACH FOR THE DISTRIBUTION AND PROCEEDS OF ~HE
PROPOSED GAS TAX, AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Chapter 336.025, Florida Statutes was amended
by the Florida Legislature and took effect on Ma 1, 1993; and
WHEREAS, said Statute authorizes a 1,2,
local option gas tax to be levied upon the sale
within the County; and
WHEREAS, said Statute in Section l(b)
execution of an interlocai agreement by and betw~
County and the Municipalities located therein
distribution formula for dividing the proceed~
among county government and all eligible municip
the County; and
4,or 5 cent
of motor fuel
authorizes
n Palm Beach
establish a
of said tax
~lities within
WHEREAS, the City Commission of the Cit
Beach, Florida has deemed it to be in the best
the citizens and residents of the City of Boy
enter into a Interlocal Agreement with Palm Beg
the distribution and proceeds of the proposed
NOW, THEREFORE, BE IT RESOLVED BY THE CIT~
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The Mayor and City Cleri
authorized to execute ~ certain Interlocai AgrE
Palm Beach County and the City of Boynton Beac~
the distribution and proceeds of the proposed c
Agreement is attached hereto as Exhibit "A".'
event the Board of County Commissioners of Pal~
fails or refuses to enact said ordinances this A~
be null and void.
y of Boynton
interests of
%ton Beach to
ch County for
as tax.
COMMISSION OF
are hereby
ement between
Florida for
as tax, which
That in the
Beach County
reement shall
Section 2. That this Resolution
effective immediately upon passage.
PASSED AND ADOPTED this ~ day of Augu
ATTEST:
City Clerk
~ha 11 bec ome
t, 1993.
CITY OF BOYN/~N .EACH, FLORIDA
o ' ss ' w er
(Corporate Seal
Authsig.doc
Gas.Tax
78/3/93
INTERLOCAL AGREEMENT
Thh Agreement/s made the /~ day of August, 199~
Beach County, a political subdivision of the State of Florida (her~
'County'), whose address is 301 N. Olive Avenue, West Palm Bern
~/~z,~ ~/-~/.~, a munidpality located/n Palm Beach Coun~
referred to as NMun/cipaliV/'), whose mailing address is
by and between Palm
~in~er referred m as
h, Florida, 33401 and
y, Florida (hereinafter
WITNESSETH
WHEREAS, Chapter 336.0~, Florida Statutes, was amended by the Florida
' Leg/slatore and took effect on May__l, 1993; and
WHEREAS, said Statute authorizes a 1, 2, 3, 4, or 5 cent local option gas tax
to be levied upon the sale of motor fuel w/thin the County;, and
WHEREAS, said Statute in Section 1(b)2 authorizes execution of an interlocal
agreement by and between palm Beach County and the Municipalities' located thereto' to
establish a distribution formula for dividing the proceeds of said tax among county
government and all eli/ible n~mlcipalifies w/thin the County;, and
.WH~.-REAS, representatives of Palm Beach County and the Municipalities have
met and negoUated mutually acceptable terms and conditions for said interlocal agreement
which are set forth herein; and
V~HEREAS, this Agreement must be approved and e~ ecuted not later than
August 31, 1993.
NOW, THEREFORE, in consideration of the pre~ ses and the mutual
covenants herein contained, and for such other good and valuable coz sideration, the receipt
of which the parties hereby expressly acknowledge, the parties here covenant and agree
to the following terms and conditions.
1. This Agreement is entered into with the specific ~ntemplation that the
Beard of County Commissioners of Palm Beach County will enact an tppropriate ordinance
to levy a five cent ($¢) local option gas tax within Palm Beach County, w/th said tax being
!
..
imposed effective on January 1, 1994 and further w/th said proceeds b~ing distributed based
upon an Interlocal Agreement (~Interlocal Agreement Gas Tax Ordinance*) as opposed to
being based upon historical expenditures ("Statutory Distribution Gas Tax Ordlnunce"). In
the event the Board of County Commissioners of Palm Beach County falk or refuses to
enact said ordinurtce, this Agreement shall be null and void. Similarly, the term of this
Agreemem shall be comemporaneous with the term set forth in the aforesaid Interlocal
Agreement Gas Tax Ordinance so that the parties expressly agree t~ at this agreement shall
termln~te at such time as the gas tax proceeds are no longer co] [ected and distributed
pursuant to the aforementioned comemplated "interlocal Agreemer t Gas Tax Ordln~nce".
2. A. All proceeds of the tax collected pursunnl to said ordinance shah
be divided between Palm Beach County and the cities as follows:
i. The County shall receive seventy, nine percent (79%) of
ali sums collected.
ii. The cities collectively shall recei ze twenty-one percent
(21%) of ali sums collected.
B. All money shah be collected and distril: uted to the respective
parties as provided in Chapter 336.025(2), Florida Statutes.
3. Each MnnicipaHty eligible to participate in le distribution of the
proceeds of said tax shall receive a pro rata share of the aforesaid: % M-nlcipaiity share
pursuant to a formula that will be based 70% on lane miles located within a Municipality
for which the MnnlcipaHty is responsible for maintenance and 30% t pon the population of
the Municipality based upon the most recent University of Florida Population Estimate.
Said formula is:
30% x L~_9.1lll!ig_0~ +
(sum of city population)
70% x ~ = (sum of city lane miles)
Exhibit "A" which is made a part hereof and incorporat, ;d herein by reference
identifies each eligible Municipality's pro rata share of the Municipalities 21% share. The
aforementioned Exhibit A. Moreover, said distribution may be amended not more than
once annually by the Municipal League preparing, on behalf of said Municipalities, a new
year, ,~me to the County Administrator who shall in turn transmit same~to the Depm'uuent
of Revenue.
4. This is one of several interlocal agreements between the County and
var/oas Municipalities providin~ for the same terms for the d/vision and dism'bufion of the
proceeds of the gas ta~ As such, this interlocal agreemem may be el ecuted in one or more
counterparts, each ofwhich shall be deemed an original, but all of wi ch shall constitute one
in the same insw~ment (the ~.nterlocal Agreement~) for the purpos~ of paragraph 1(b)2 of
Section $36.02.~, Florida Statutes. The Interlocal Agreement co: ~sfitutes an interiocal
agreement between Palm Beach County and the Municipalities locate d therein represent/ng
a majority of the incorporated area population within Palm Beach County.
5. Nothing in this agreement shall preclude either party from lifiga~n~
against the other on matters completely unrelated to and not ~ontemplated by this
_
agreement.
6. This agreement shall take effect only upon execut/on both by Palm
Beach County and by those Municipal/ties representing a majority o~ the population of the
!
incorporated areas of palm Beach County. In the event that either P:/lm beach County fa/ls
or refuses to execute this Agreement or in the event that those Mnnicipalities representing
a majority of the population of the incorporated areas of Palm Beach ~ounty fail to execute
_
!
this Agreement, then this Agreement automatically shall be null and void and the part/as
hereto shall have no further rights or responsibilities hereunder.
7. The invalidity of any portion, article, paragraph, prov/sion, clause or any
_
!
portion thereof of this agreement shall have no affect upon the validity of any other part of
port/on hereof.
8. To the extent allowed by law, the venue for any act/on arising from this
agreement shall be in Palm Beach County, Florida.
9. This agreement shall be governed by and in acc )rdance with the laws
of the State of Florida.
10. In any action brought by either party for the enforcement of the
obl/gafions of the other party, the prevailing party shall be entitled o recover reasonable
attorney's fees.
11. Any notice given under the provisions of this agreement shall be in
writing and shal! be delivered personally or sent by certified or registered mnil. postage
prepaid to:
Board of Co-my 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
or to such other respective addresses as the parties may desi~ate to each other in writing
from time to time. Notice by certified or registered mail, return re~ ipt requested, shall be
deemed given on the date that such notice is deposited in a Untie States Post Office.
12. The parties expressly agree that time is of the essenc~ 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 1 he other party without
liability, in addition to any other fights or remedies, relieve the other party of any obligation
to accept such performance.
13. The parties hereto expressly covenant and agree that hi 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 clefauit before exercising any of its rights
as provided for in this agreemen~
14. The parties agree that this agreement sets forth the ent re agreement between
the parties, and there are no promises or understandings other tha those stated herein.
None of the provisions, terms and conditions contained in this agreel em may be added to,
modified, superseded or otherwise altered except by written instrument executed by the
parties hereto.
IN WITNESS WHEREOF the parties hereto have set their hands and seals
in the day set forth above.
DOROTHY H. WII KEN, Clerk
Deputy' Clerl(
(NAM~ OF MUNICIPALITY)
BY'~r ~ay~o~ ~~
PALIVl BEACH COUNT~
BY 1TS BOARD OF COL
COMMISSIONERS:
/
C~hair /- ~
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
a
w.
193 .0997D
INTERLOCAL AGREEMENT
s.
This Agreement is made the / day of August, 1993 by and between Palm
Beach County, a political subdivision of the State of Florida (hereinafter referred to as
"County"), whose address is 301 N. Olive Avenue, West Palm Beach, Florida, 33401 and
err (G� ', a municipality located in Palm Beach County, Florida (hereinafter
referred to as "Municipality "), whose mailing address is P - 2:51: , x .3io
-- a>o s%i7a,✓ , / .p2W fZ
WITNESSETH
WHEREAS, Chapter 336.025, Florida Statutes, was amended by the Florida
Legislature and took effect on May 1, 1993; and
WHEREAS, said Statute authorizes a 1, 2, 3, 4, or 5 cent local option gas tax
to be levied upon the sale of motor fuel within the County; and
WHEREAS, said Statute in Section 1(b)2 authorizes execution of 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 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
August 31, 1993.
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 covenant and agree
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 levy a five cent (5¢) local option gas tax within Palm Beach County, with said tax being
imposed effective on January 1, 1994 and further with said proceeds being distributed based
upon an Interlocal Agreement ("Interlocal Agreement Gas Tax Ordinance ") as opposed to
being based upon historical expenditures ( "Statutory Distribution Gas Tax Ordinance"). 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. Similarly, the term of this
Agreement shall be contemporaneous with the term set forth in the aforesaid Interlocal
Agreement Gas Tax Ordinance so that the parties expressly agree that this agreement shall
terminate at such time as the gas tax proceeds are no longer collected and distributed
pursuant to the aforementioned contemplated "Interlocal Agreement Gas Tax Ordinance".
2. A. All proceeds of the tax collected pursuant to said ordinance shall
be divided between Palm Beach County and the cities as follows:
i. The County shall receive seventy-nine percent (79 %) of
all sums collected.
ii. The cities collectively shall receive twenty-one percent
(21 %) of all sums collected.
B. All money shall be collected and distributed to the respective
parties as provided in Chapter 336.025(2), Florida Statutes.
3. Each Municipality eligible to participate in the distribution of the
proceeds of said tax shall receive a pro rata share of the aforesaid 21% Municipality share
pursuant to a formula that will be based 70% on lane miles located within a Municipality
for which the Municipality is responsible for maintenance and 30% 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 "A" which is made a part hereof and incorporated herein by reference
identifies each eligible Municipality's pro rata share of the Municipalities 21% share. The
Municipal League, on behalf of those eligible Municipalities, shall prepare and submit to
the County, prior to execution of this Interlocal Agreement by the Municipalities, the
aforementioned Exhibit "A ". Moreover, said distribution may be amended not more than
once annually by the Municipal League preparing, on behalf of said Municipalities, a new
-2-
Exhibit "A ", based upon changes in the foregoing criteria, and submitting, by June 1st of any
year, same to the County Administrator who shall in turn transmit same to the Department
of Revenue.
4. This is one of several interlocal agreements between the County and
various Municipalities providing for the same terms for the division and distribution of the
proceeds of the gas tax. As such, this interlocal agreement may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which shall constitute one
in the same instrument (the "Interlocal Agreement ") for the purpose of paragraph 1(b)2 of
Section 336.025, Florida Statutes. The Interlocal Agreement constitutes an interlocal
agreement between Palm Beach County and the Municipalities located therein representing
a majority of the incorporated area population within Palm Beach County.
5. Nothing in this agreement shall preclude either party from litigating
against the other on matters completely unrelated to and not contemplated by this
agreement.
6. This agreement shall take effect only upon execution both by Palm
Beach County and by those Municipalities representing a majority of the population of the
incorporated areas of Palm Beach County. In the event that either Palm beach County falls
or refuses to execute this Agreement or in the event that those Municipalities representing
a majority of the population of the incorporated areas of Palm Beach 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.
7. 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 of
portion hereof.
8. To the extent allowed by law, the venue for any action arising from this
agreement shall be in Palm Beach County, Florida.
9. This agreement shall be governed by and in accordance with the laws
of the State of Florida.
10. 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
-3-
attorney's fees.
11. 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
MUNICIPALITY:
CITY OF BOYNTON BEACH
P. 0. Box 310
Boynton Beach, FL 33425
or to such other respective addresses as the parties may designate to each other in writing
from time to time. Notice by certified or registered mail, return receipt requested, shall be
deemed given on the date that such notice is deposited in a Untied States Post Office.
12. 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.
13. 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.
14. 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.
-4-
R i
IN WITNESS WHEREOF the parties hereto have set their hands and seals
in the day set forth above.
ATTEST: (NAME OF MUNICIPALITY)
CITY OF BOY ON BEACH
BY: y• �/ i
B / ' ��
/City Clerk ayor /
APP' , j'� 0 ORM:
CITY ATTO N
ATTEST: PALM BEACH COUNTY, FLORIDA
DOROTHY H. WII.KEN, Clerk BY ITS BOARD OF COUNTY
COMMISSIONERS:
By: By: /
Deputy Cler t� s air
193 -.:9970 AUG 1 7 1993
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
,1 � , r c , .� i\, •
B y.. ,._.� .. ..��
• • unty Attorney
-5-
EXHIBIT A TO THE
• 'INTERLOCAL AGREEMENT
WITH THE MUNICIPALITIE
INCORPORATED PALM BEACH COUNTY
POPULATION AND LANE MILES DISTRIBUTION
END OF YEAR 1993
CITY INCORPORATED PERCENT OF INCORPORATED PERCENT OF PERCENT
POPULAT1ON TOTAL INC. LANE MILES TOTAL INC. LOCAL
POPULATION • k _ 1 - a ISTRIBUTION
Atlantis 1,673 0,35 24.0 0.78 0.849
Belie Glade 17,208 3.82 134.3 4.34 • 4.127
Boca Raton 63,224 13,30 502.0 16.24 15.357
Boynton Beach 1 48,144 10.13 244.4 7.01 8.573
Briny Breezes 395 0.08 0.0 0,00 0.025
Cloud Lake 121 0.03 1.4 0.05 0.039
Delray Beach 48,348 10.17 387.7 12.54 11.830
Glen Ridge 211 0.04 3.3 0.11 0.088
Golf 190 0.04 7.0 0.23 0.170
Goltvlew 153 0.03 2.4 0.08 0.084
Greenacres City 21,938. 4,62 25.0 0.81 1 951
Qulfstream 703 0.15 10.0 0.32 0.271
Haverhill 1,154 0,24 8.8 0.28 0.271
Highland Beach 3,234 . 0.68 4.0 0.13 0.295
Hypoluxo 1,117 0.24 1.3 0.04 0100
Juno Beach 2,185 0.48 3.1 0.10 0.203
Jupiter 25,898 5.45 138.0 4.40 4.714
Jupiter Inlet Colony 406 0.09 5,4 0.17 0.148
Lake Clarke Shores 3,613 0.78 27.7 0.90 0.855
Lake Park 8,639 1.40 59.4 1.92 1.784
Lake Worth 28,387 5.97 1 94.2 6.28 6.189
Lantana 8,396 1.77 67.9 1.87 1.841
Manalapen 321 0.07 9.2 f 0.30 0.229
Mangonla Park 1,411 0.30 14.0 0.45 0.409
North Palm Beach 11,747 2.47 52.3 1.89 1.928
Ocean Ridge 1,593 0.34 26.0 0.84 0.689
Pahokee 6,871 1.45 18,4 0.80 0.850
Palm Beach 9,819 •2.07 94.8 3.06 2.762
Palm Beach Gardens 27,553 5.80 90.0 2.91 3.777
Palm Beach Shores 1,031 0.22 10.3 0.33 0,298
Palm &pings 9,706 2.04 28.0 0.84 1.201
Riviera Beach 27,128 5.71 208.0 6.73 6.422
Royal Palm Beach 16,462 3.46 156.8 5.07 4.589
South Bay 4,039 0.85 29.7 0.96 0.927
South Palm Beach 1 1,483 0.31 0.0 0.00 0.084
Tequesta 4,503 0.95 45.2 . 1.46 1.308
West Palm Beach 6$.270 ,,a„4 3 ,,, 471,7 15.26 14,990
475,272 3091.5 100
s ,.. ST,, r� 0 r- R..O COUNT Y c •
Q , < 1 ,,,7,,,,,:,,, �r C ���d, eX Offi1Ci� ie
; .- t ) OrT111jS oners c rtIt,r'iti , ��
<� ; : � � � _ �� - - : ^P' of:t)e original !iii;, ` �� rcc
(, SUS _ ._ ��
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193 11997D
INTERLOCAL AGREEMENT
This Agreement is made the / 7t day of August, 1993 by and between Palm
Beach County, a political subdivision of the State of Florida (hereinafter referred to as
"County"), whose address is 301 N. Olive Avenue, West Palm Beach, Florida, 33401 and
rr .Lvs , a municipality located in Palm Beach County, Florida (hereinafter
referred to as "Municipality "), whose mailing address is � - 23e,x 3io .
--- :.e, s%✓7-o,✓ ,&�ds FG
WITNESSETH
WHEREAS, Chapter 336.025, Florida Statutes, was amended by the Florida
Legislature and took effect on May 1, 1993; and
WHEREAS, said Statute authorizes a 1, 2, 3, 4, or 5 cent local option gas tax
to be levied upon the sale of motor fuel within the County; and
WHEREAS, said Statute in Section 1(b)2 authorizes execution of 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 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
August 31, 1993.
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 covenant and agree
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 levy a five cent (5¢) local option gas tax within Palm Beach County, with said tax being
imposed effective on January 1, 1994 and further with said proceeds being distributed based
upon an Interlocal Agreement ( "Interlocal Agreement Gas Tax Ordinance ") as opposed to
being based upon historical expenditures ( "Statutory Distribution Gas Tax Ordinance "). 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. Similarly, the term of this
Agreement shall be contemporaneous with the term set forth in the aforesaid Interlocal
Agreement Gas Tax Ordinance so that the parties expressly agree that this agreement shall
terminate at such time as the gas tax proceeds are no longer collected and distributed
pursuant to the aforementioned contemplated "Interlocal Agreement Gas Tax Ordinance".
2. A. All proceeds of the tax collected pursuant to said ordinance shall
be divided between Palm Beach County and the cities as follows:
i. The County shall receive seventy -nine percent (79 %) of
all sums collected.
ii. The cities collectively shall receive twenty -one percent
(21 %) of all sums collected.
B. All money shall be collected and distributed to the respective
parties as provided in Chapter 336.025(2), Florida Statutes.
3. Each Municipality eligible to participate in the distribution of the
proceeds of said tax shall receive a pro rata share of the aforesaid 21% Municipality share
pursuant to a formula that will be based 70% on lane miles located within a Municipality
for which the Municipality is responsible for maintenance and 30% 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 "A" which is made a part hereof and incorporated herein by reference
identifies each eligible Municipality's pro rata share of the Municipalities 21% share. The
Municipal League, on behalf of those eligible Municipalities, shall prepare and submit to
the County, prior to execution of this Interlocal Agreement by the Municipalities, the
aforementioned Exhibit "A ". Moreover, said distribution may be amended not more than
once annually by the Municipal League preparing, on behalf of said Municipalities, a new
-2-
1
Exhibit "A ", based upon changes in the foregoing criteria, and submitting, by June 1st of any
year, same to the County Administrator who shall in turn transmit same to the Department
of Revenue.
4. This is one of several interlocal agreements between the County and
various Municipalities providing for the same terms for the division and distribution of the
proceeds of the gas tax. As such, this interlocal agreement may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which shall constitute one
in the same instrument (the "Interlocal Agreement ") for the purpose of paragraph 1(b)2 of
Section 336.025, Florida Statutes. The Interlocal Agreement constitutes an interlocal
agreement between Palm Beach County and the Municipalities located therein representing
a majority of the incorporated area population within Palm Beach County.
5. Nothing in this agreement shall preclude either party from litigating
against the other on matters completely unrelated to and not contemplated by this
agreement.
6. This agreement shall take effect only upon execution both by Palm
Beach County and by those Municipalities representing a majority of the population of the
incorporated areas of Palm Beach County. In the event that either Palm beach County fails
or refuses to execute this Agreement or in the event that those Municipalities representing
a majority of the population of the incorporated areas of Palm Beach 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.
7. 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 of
portion hereof.
8. To the extent allowed by law, the venue for any action arising from this
agreement shall be in Palm Beach County, Florida.
9. This agreement shall be governed by and in accordance with the laws
of the State of Florida.
10. 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
-3-
attorney's fees.
11. 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
MUNICIPALITY:
CITY OF BOYNTON BEACH
P. 0. Box 310
Boynton Beach, FL 33425
or to such other respective addresses as the parties may designate to each other in writing
from time to time. Notice by certified or registered mail, return receipt requested, shall be
deemed given on the date that such notice is deposited in a Untied States Post Office.
12. 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.
13. 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.
14. 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.
-4-
R 93
IN WITNESS WHEREOF the parties hereto have set their hands and seals
in the day set forth above.
ATTEST: (NAME OF MUNICIPALITY)
CITY OF BOY ON BEACH
BY: e By: " . A'
' City Clerk ayor /
APP' % • O ORM:
CRY ATTO N
ATTEST: PALM BEACH COUNTY, FLORIDA
DOROTHY H. WILKEN, Clerk BY ITS BOARD OF COUNTY
COMMISSIONERS:
B a 6114( ?) 111# B 2
Deputy Cleri CI air
P 93 - .I997 AUG 1 7 1993
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
• . unty Attorney ;� d -
EXHIBIT A TO THE
.. * INTERLOCAL AGREEMENT
WITH THE MUNICIPALITII
INCORPORATED PALM BEACH COUNTY
POPULATION AND LANE MILES DISTRIBUTION
END OF YEAR 1993
CITY INCORPORATED PERCENT OF INCORPORATED PERCENT OF PERCENT
- POPULATION TOTAL INC. LANE MILES TOTAL INC. LOCAL
P OPULATION LANE MILES DISTRIBUTION
A! antis 1,673 0 24.0 0.78 0.849
Belle Glade 17,208 3.62 134.3 4.34 4.127
Boca Raton r 63,224 13.30 502.0 18,24 15.357
Boynton Beach I 48,144 10.13 244.4 7.91 8.573
Briny Breezes 395 0.08 0.0 0.00 0,025
Cloud Lake 121 0.03 1.4 0.05 0.039
Delray Beach 48,346 10.17 387.7 12.54 11.830
Glen Ridge 211 0.04 3.3 0.11 0.088
Golf 190 0.04 7.0 0.23 0.170
Goffvlew 153 0.03 2.4 0.08 0.084
Greenacres City 21,938 • 4,62 25.0 0,81 1.951
Gulfstream 703 0.15 10,0 0.32 0.271
Haverhill 1,154 0,24 8.8 0.28 0.271
Highland Beach 3,234 . 0.68 4.0 0.13 0295
Hypoluxo 1,117 0.24 1.3 0.04 0.100
Juno Beach 2,185 0,48 3.1 0.10 0.208
Jupiter 25,898 5,48 136.0 4.40 4.714
Jupiter Inlet Colony 406 0.09 5.4 0.17 0.148
Lake Clarke Shores 3,613 0.76 27.7 0.90 0,855
Lake Park 6,639 1.40 59.4 1.92 1.784
Lake Worth 28,387 5.97 194.2 6.28 6.189
Lantana 8,396 1.77 57.9 1.87 1,841
Manalapan 321 0.07 9.2 t 0.30 0.229
Mangonla Park 1,411 0.30 14.0 0.45 0.406
North Palm Beach 11,747 2.47 52.3 1.69 1.928
Ocean Ridge 1,593 0.34 28.0 0,84 0,689
Pahokee 6,871 1.45 18.4 0.60 0.850
Palm Beach 9,819 ''2.07 94.8 3.06 2.762
Palm Beach Gardens 27,553 5.80 90.0 2.91 3.777
Palm Beach Shores 1,031 0.22 10,3 0.33 0.298
Palm Springs 9,706 2.04 28,0 0.84 1.201
Riviera Beath 27,128 5.71 208.0 6.73 8.422
Royal Palm Beach 16,462 3.46 156.8 5.07 4.589
South Bay 4,039 0.85 29,7 0.96 0.927
South Paim Beach 1 1,483 0.31 0.0 0.00 0.094
Tequesta 4,503 0.95 45.2 - 1.46 1.308
West Palm Beach 68.270 ....t,4.a�.36 . ���� 471,7 15,26 14.990
475,272 �
3091.5 100
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