HomeMy WebLinkAboutResolution_23-92/93_08/12/1993 RESOLUTION NO. 23 — 92/93
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, APPROVING AN 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,
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, 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
Schauer , who moved its adoption. The
motion was seconded by Councilmember Collins ,
and upon being put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
Ron T. Mackai 1
Earl L. Collings
Elizabeth A. Schauer
+ rx The Mayor thereupon declared the Resolution duly passed and
adopted this 12th day of August, A.D., 1993.
MAYOR OF TEQUESTA
Ron T. Mackail
ATTEST:
ann Mangani to
Village Clerk
Board of County Commissioners County Administrator
Mary McCarty, Chair r eisman
Ken L. Foster, Vice Chairman
Karen T. Marcus
Carol A. Roberts , . ,' Dep � f E Bering
Warren B S+� ic s
,, Jewell ,
Burt Aaronson
Maude Ford Lee 1993k 2
riq
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September 8, 1993
Mr. Tom Bradford, Manager
Village of Tequesta
P.O. Box 3273
357 Tequesta Drive
Tequesta, Florida 33469 -0273
Dear Mr. Bradford:
An executed copy of the Interlocal Gas Tax Agreement, which was
executed by the Board of County Commissioners on August 17, 1993,
is enclosed for your records.
Sincerely,
G. Haney Frake�, r. P.E.
Assistant Count Engineer
pc: Mr. Gordon Selfridge,
Chief Assistant County Attorney
Enclosure: Executed Gas Tax Agreement
s "An Equal Opportunity - Affirmative Action Employer"
ICJ printed on recycled paper Box 21229 West Palm Beach, Florida 33416 -1229 (407) 684 -4000
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R93 1019D
INTERLOCAL AGREEMENT'
AUG 17 1993
This Agreement is made the clay 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
Village of Teque , a municipality located in Palm Beach County, Florida (hereinafter
referred to as "Municipality "), whose mailing address is 357 Tequesta Drive, Tequesta, FL 33469
WII'NESSETH
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
y
R93 1019D
INTERLOCAL AGREEMENT
AUG 17
This Agreement is made the clay 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
Village of Tequesta , a municipality located in Palm Beach County, Florida (hereinafter
referred to as "Municipality "), whose mailing address is 357 Tequesta Drive, Tequesta, FL 33469
W11'NESSE'I'H
• 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 l(b)2 authorizes execution of an interlocal
agreement by and between Palm Beach County t111d 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 he 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 tau 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 he collected and distributed to the respective
parties as provided in .Chapter 336.025(2), Florida Statutes.
3. Each Municip<lity eligible to participate in the distribution of the
proceeds of said tax shall receive it pro rata share of the aforesaid 21% Municipality share
pursuant to a formula that will he 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 it part hereof and incorporated herein by reference
identifies each eligible Municipality's pro rata share of the Municipalities 21 6 10 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
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 he executed in one or more
counterparts, each of which shall he 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.
16. This agreement shall take effect only upon execution both by Palm
Beach County and by those Municipalities representing it 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 1111VC 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 Patin Beach County, Florida.
9. This agreement shall be governed by and in accordance with the laws
of the State of Florida.
10. In any UtiOl1 brought by either party for the enforcement of the
obligations of the other party, the prevailing party shall be entitled to recover reasonable
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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, hL 33401
WITH A COPY TO:
County Attorney
301 N. Olive Avenue, Suite 001
West Palm Beach, FL 33401
• MUNICIPALITY:
Village of Tequesta
Village Manager
3S7 Tequesta Drive
TPn�Pta, FL 33469
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. Tile 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 conclittons 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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EXHIBIT A TO THE
'INTERLOCAL AGREEMENT
WITH THE MUNICIPALITIEI
INCORPORATED PALM BEACH COUNTY
POPULATION AND LANE MILES DISTRIBUTION
END OF YSAA 1993
CPTY INCORPORATED PERCENT OF INCORPORATED PERCENT OF PERCENT
POPULATION TOTAL INC. LANE MILES TOTAL INC. LOCAL
POPULA LANE M) ISTRIBUTION
At ar 1,673 0.35 24.0 0.76 0.648
Belle Made 17,208 3,62 134.3 4.34 4.127
Boca Raton 63,224 13,30 502.0 16.24 15.357
Boynton Beach a 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 01039
Delray beach 48,346 10.17 387.7 1254 11.830
Glen Ridge 211 0.04 . 3.3 0.11 0.088
Golf 190 0.04 7.0 0.23 0.170
Goltview 163 0,03 2.4 0.08 0.064
Greenacres City 21,938 4,62 25.0 0181 1.951
Gulfstream. 703 0.15 1010 0.32 0.271
Haverhill 1,154 0.24 8.8 0.28 0,271
Highland Beach 3,234 0.68 44 0.13 0.295
Hypoluxo 1,117 0.24 1.3 0.04 01100
Juno Beach 2,185 0,48 3.1 0.10 0.208
Jupiter 25,898 6.45 136.0 4.40 4.714
Jupiter Inlet Colony 406 0.09 5A 0.17 0.148
Lake Clarke Shores 3,613 0.76 27.7 0.90 0.855
Lake P k 8,639 1.40 $9.4 1.92 1.764
Lake 'rth 28,387 5.97 194.2 6.28 6.189
Lantana 8,396 1.77 57.9 1.87 1,641
Manalapen 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 1.926
Ocean Ridge 1 0.34 26.0 0.84 01889
Pahokee 6,871 1.45 18.4 0.60 0.650
Palm Beach 9,819 '2.07 94.6 3.06 2.7$2
Palm Beach gardens 27,553 6.80 90.0 2.91 3.777
Palm Beach Shores 1,031 0.22 10.3 0.33 0296
Palm Springs 9,706 2.04 26.0 0.84 1.201
Riviera Beach 27,128 5.71 208.0 6.73 6.422
Royal Palm Beach 16,462 3,46 156,8 5.07 4.589
South Bay 4,039 0.65 29,7 0.96 0.927
South P61m Beads 1,483 0.31 0.0 0.00 0.094
Tequesta 4,503 0.95 45.2 1.46 1.308
west Palm Beach �. 68.270 11A 471.7 15.26 14.990
475,272 3091.5 100
IN WITNESS WHEREOF the parties hereto have set their hands and seals
in the day set forth above.
A "TEST (NAME OF MUNICIPALITY)
VILLAGE OF TEQUE$TA
B [3 y r ��.ta �• �?
City Clerk Mayor
ATTEST: PALM BEACH COUNTY, FLORIDA
DOROTHY H. WILKEN, Clerk BY ITS BOARD OF COUNTY
COMMISSIONERS:
By: By:
Deputy Clerk 9 lY4iq {� D AUG 1 7 3
UU l t.
APPROVED AS TO FORM
AN kEG SUFFICIENCY �; "� ,
By
Ak
Attorney
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