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Home My WebLink AboutResolution_19-94/95_04/13/1995 RESOLUTION NO. 19 - 94/95 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF • TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING AN i INTERLOCAL AGREEMENT BETWEEN THE VILLAGE OF TEQUESTA AND PALM BEACH COUNTY, ESTABLISHING A DISTRIBUTION FORMULA FOR DIVIDING THE LOCAL OPTION GAS TAX PROCEEDS PURSUANT TO CHAPTER 336.025(1)(a), FLORIDA STATUTES. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Interlocal Agreement between the Village of Tequesta and Palm Beach County establishing a distribution formula for dividing the Local Option Gas Tax proceeds, pursuant to Chapter 336.025(1)(a), Florida Statutes, attached hereto as Exhibit "A" and incorporated by reference as a part of this Resolution, is hereby approved and the Mayor of the Village is authorized to execute the same on behalf of the Village of Tequesta. THE FOREGOING RESOLUTION was offered by Councilmember Carl C. Hansen who moved its adoption. The motion was seconded by Councilmember Elizabeth A. Schauer and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION • Joseph N. Capretta Carl C. Hansen Ron T. Mackail Elizabeth A. Schauer The Mayor thereupon declared the Resolution duly passed and adopted this 13th day of April, A.D., 1995. MAYOR OF TEQUESTA Ron T. Mackail ATTEST: oann Mangani llo Village Clerk Exhibit A R95 5820 INTERLOCAL AGREEMENT • This Agreement is made this day of MAY .2 1995 , 19 by and between Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY" and village of Tequesta , 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 (Ist), 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 terms 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 agree to the following terms and conditions: Y I . 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), Florid Statutgs. 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: • -2- 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 Statute s. 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 at t . 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 • -3- 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 Mate of Florida. 12. In anv 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, l Oth Floor P.O. Box 1989 - Government Center West Palm Beach, FL 33402 Attention: Executive Director, Jack L. Horniman • -4- 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. • -5- IN WITNESS WHEREOF, the parties hereto have set their hands and seals in the day set • forth above. ATTEST: (NAME OF MUNICIPALITY) VILLAGE OF TEQUESTA P.O. BOX 3273 TEQUESTA, FLORIDA 33469 B y : - �" By: wj GZe�a r�, Municipal Clero Mayor ATTEST: PALM BEACH COUNTY, FLORIDA DOROTHY H. WILKEN, Clerk BY ITS BOARD OF COUNTY COMMISSIONERS Q<?- Deputy Clerk ; m; COUNTY, hair Foster ern; 2 1995 • ' �''��y' �� O R 1 V P �= APPROVED AS TO FORM R95 5820 AND LEGAL SUFFICIENCY By: \', County Attorney wpwin60 \wpdocs\municipa\interloc.wpd • -6- Exhibit A R95 583D • AMENDMENT #1 T IN TERLOCAL AGREEMENT 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 Village of Teguesta , a municipality located in Palm Beach County, Florida (hereinafter referred to as "MUNICIPALITY ") is made and entered into this day of MAY 2 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 (30) 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 :peals in the day set forth above. VILLAGE OF TEQUESTA O. ATTEST: (NAME OF MUNI CI PALITY)TtQU BOX 3273 ES P. O. FLORIDA 33459 • BY By : `� �22�- Municipal aerk Mayor ATTEST: PALM BEACH COUNTY, FLORIDA BY ITS DOROTHY H. WILKEN, Clerk BOARD OF COUNTY COMMISSIONERS Go uOtt Deputy C erk :Q� air Ken FOStef MAY 2 1995 %a' COUNTY, :3: " Coo APPROVED AS TO FORM , �1 1 i 4".� O JID 0, R 9 5 8 AND LEGAL SUFFICIENCY I �id�j�•* Sy�� S 30 By: County Attor Y G: \... \LNewton \AGM \GasTax2.AGM • 2 EXHIBIT'A' • INCORPORATED PALM BEACH COUNTY POPULATION AND LANE MILES DISTRIBUTION END OF YEAR 1994 PERCENT OF PERCENT OF PERCENT INCORPORATED TOTAL INC. INCORPORATED TOTAL INC. LOCAL CITY POPULATION POPULATION LANE MILES LANE MILES DISTRIBUTION Atlantis 1,685 0.34 24.0 0.77 0.639 Belle Glade 17,139 3.48 134.3 4.29 4.047 Boca Raton 65,901 13.37 502.0 16.04 15.240 Boynton Beach 48,848 9.91 244.4 7.81 8.440 Briny Breezes 398 0.08 0.0 0.00 0.024 Cloud Lake 121 0.02 1.4 0.04 0.039 Delray Beach 49,298 10.00 392.1 12.53 11.771 Glen Ridge 215 0.04 3.3 0.11 0.087 Golf Village 193 0.04 7.0 0.22 0.168 Golfview 151 0.03 2.4 0.08 0.063 Greenacres City 22,742 4.61 24.5 0.78 1.932 Gulfstream 708 0.14 10.0 0.32 0.267 Haverhill 1,193 0.24 8.8 0.28 0.269 Highland Beach 3,256 0.66 4.0 0.13 0.288 Hypoluxo 1,127 0.23 1.3 0.04 0.098 Juno Beach 2,258 0.46 3.6 0.12 0.218 • Jupiter 27,809 5.64 141.0 4.51 4.846 Jupiter Inlet Colony 410 0.08 5.4 0.17 0.146 Lake Clarke Shores 3,646 0.74 27.7 0.89 0.842 Lake Park 6,805 1.38 59.4 1.90 1.743 Lake Worth 29,125 5.91 194.2 6.21 6.117 Lantana 8,379 1.70 61.0 1.95 1.874 Manalapan 324 0.07 9.2 0.29 0.226 Mangonia Park 1,419 0.29 14.0 0.45 0.400 North Palm Beach 11,836 2.40 52.3 1.67 1.890 Ocean Ridge 1,615 0.33 26.0 0.83 0.680 Pahokee 6,937 1.41 18.4 0.59 0.834 Palm Beach 9,855 2.00 94.6 3.02 2.716 Palm Beach Gardens 30,046 6.10 114.0 3.64 4.379 Palm Beach Shores 1,039 0.21 10.3 0.33 0.294 Palm Springs 9,798 1.99 26.0 0.83 1.178 Riviera Beach 27,259 5.53 208.0 6.65 6.312 Royal Palm Beach 16,720 3.39 156.8 5.01 4.525 South Bay 4,027 0.82 31.0 0.99 0.939 South Palm Beach 1,483 0.30 0.0 0.00 0.090 Tequesta 4,567 0.93 45.2 1.45 1.290 West Palm Beach 74.622 15.14 471.7 15.07 15.093 492,954 3129.3 100 • ENGINEERING & PUBLIC WORKS DEPARTMENT e P. O. Box 3366 t West Palm Beach, Florida 33402 ,111116i y Engineering/Streets - Tel: 659 -8040 I 0 O f Solid Waste /Street Lighting - Tel: 659 -8047 J Fax: 407/659 -8039 West Palm Beach "The Orchid City" May 12, 1995 Jack Horniman Palm Beach County Municipal League Palm Beach County Governmental Center P.O. Box 1989 West Palm Beach, FL 33401 Subject: Local Option Gas Tax Amended Distribution for Cities - Yearly Review Dear Mr. Horniman: Under the State Statutes and interlocal agreements between the Cities and Count) local option gas tax distribution is reviewed each year for changes in population and lane miles of road mamtenance. Twenty of the thirty-seven municipalities responded to the request for an update in lane miles. • As coordinator for the Palm Beach County Municipal Leagues, submitted herewith is a copy of Wstribution by city of Exhibit `A' to the agreement as of the end of the year 1994. The agreement calls fo dates to be forwarded to the County and the County is to notify the Department of Rev by June 1, 1995, of the updated distribution for the coming year. Confirmation of the Department of Reve notification is requested. If there is any question, or if this office can be of further assistance, please do not hesitate tocall. Z : An Sincerely, R, 41 Lee ._Collura Director of Engineering and Public Works Attachment: Exhibit `A' cc: George Webb, Palm Beach County Engineer Maureen Cullen, Palm Beach County Chief Assistant Attorney Haney Frakes, Palm Beach County Assistant Engineer BeaclJ �, LWC /JEH/k: gtrevltr.wpd BE A PART OF HISTORY! 3 WEST PALM BEACH CENTENNIAL COMMITTEE 8 94-19 9 ' ` ' Al Palm Beach County MUNICIPAL LEAGUE P.O. BOX 1989, GOVERNMENTAL CENTER, WEST PALM BEACH, FLORIDA 33402 (407)355 -4484 M E M O R A N D U M TO: Municipalities FROM: Jack L. Horniman, Ex Director DATE: May 18, 1995 RE: Local Option Gas Tax Interlocal Agreement • Enclosed please find a fully executed copy of the Local Option Gas Tax Interlocal Agreement and Amendment #1 for your files. Also enclosed is a letter from Lee W. Collum, Director of Engineering and Public Works, City of West Palm Beach. Mr. Collum was the Municipal League Coordinator who assimilated the population and lane miles data submitted by the cities in order to formulate Exhibit A. Please file Exhibit A with your copy of the Local Option Gas Tax Interlocal Agreement and Amendment #1. The Municipal League appreciates the responsiveness and cooperation which the cities and towns provided in this effort. drh Enclosures •