HomeMy WebLinkAboutRes 1993-36 Interlocal Agreement w/PBC for 5% Local Option Gas Tax1
RESOLUTION NO.36-93
A RESOLUTION OF THE VILLAGE COUNCIL
OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AUTHORIZING AND DIRECTING
THE MAYOR AND VILLAGE CLERK TO ENTER
INTO AN INTERLOCAL AGREEMENT WITH
THE BOARD OF COUNTY COMMISSIONERS OF
PALM BEACH COUNTY ATTACHED AS
EXHIBIT "A" FOR THE PURPOSE OF
SECURING A SHARE OF A FIVE (5C) CENT
LOCAL OPTION GAS TAX LEVIED WITHIN
PALM BEACH COUNTY UNDER AN ORDINANCE
TO BE ENACTED BY THE BOARD OF COUNTY
COMMISSIONERS OF PALM BEACH COUNTY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Palm Beach
County proposes the enactment of an Ordinance pursuant to Chapter
336.025, Florida Statutes, to levy a five (5C ) cent local option
gas tax within Palm Beach County; and
WHEREAS, the Village of North Palm Beach will be entitled
to receive a share of the local option gas tax pursuant to a
formula contained within the agreement upon the Interlocal
Agreement being executed by Palm Beach County and by municipalities
representing a majority of population of incorporated areas of Palm
Beach County.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA:
Section 1. The Village Council of the Village of North
Palm Beach does hereby approve the Interlocal Agreement with the
Board of County Commissioners of Palm Beach County attached as
Exhibit "A", which agreement is for the purpose of securing a share
of five (50 cent local option gas tax levied within Palm Beach
County under an Ordinance to be enacted by the Board of County
Commissioners of Palm Beach County.
Section 2. The Mayor and Village Clerk are hereby
authorized and directed to execute the Interlocal Agreement with
the Board of County Commissioners of Palm Beach County set forth in
Exhibit "A" for and on behalf of the Village of North Palm Beach.
Section 3. The Clerk is hereby directed to furnish a
certified copy of this Resolution together with the executed
Interlocal Agreement to the Board of County Commissioners prior to
its meeting scheduled on August 17, 1993.
Section 4. This Resolution shall take effect immediately
upon its adoption.
A$SED'. vT' ADOPTED THIS 12th DAY OF August , 1993.
Village SeJ1)
MAYOR
AT
VILLAGE CLE
1
R93 1O110
JNTERLOCAL AGREEMENT
AUG 1 7 1993
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
Village of
North Pal m Beach , a municipality located in Palm Beach County, Florida (hereinafter
referred to as "Municipality"), whose mailing address is 501 U. 5. Highway 0ne
Nortn ralm aeacn, FL 439V*
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 (50) 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
7
1
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 shalt 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:
1. The County shall receive seventy-nine percent (79%) of
all sums collected.
ll. 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) J aral 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 Beath 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-
1
1
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. 011ve Avenue, Suite 601
West Palm Beach, FL 33401
MUNICIPALITY:
Villaoe of North Palm Beach
501 U. S. Hlahway One
North Palm Beach. FL 33408
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.
1
IN WITNESS WHEREOF' the parties hereto have set their hands and seals
in the day set forth above.
ATTEST. (NAME OF MUNICIPALITY)
Mayor
J
City Clerk
ATTEST: PALM BEACH COUNTY, FLORIDA
DOROTHY H. WILKEN, Clerk BY ITS BOARD OF COUNTY
COMMISSIONERS:
By: 6/^i"s" „' By://7
hair
B 9 3 10110 AUG 1 7 1993
Deputy Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By
-5-
EXHIBIT A TO THE
IttTEULOC&L AGttEEMEUT
WITH THE MUNICIPALITIES
CITY
Atlantis
Belle Glade
Boca Raton
Boynton Beach
Briny Breezes
Cloud Lake
Delray Beach
Glen Ridge
0011
GotMew
0reenacrea Clty
Gulf stream
Haverhill
Highland Beach
Hypoluxo
Juno Beath
Jupiter
Jupiter Inlet Colony
Lake Clarke Shores
Lake Park
Lake Worth
Lantana
Manalapm
Mengonla Park
North Palm Bach
Ocean Ridge
Pehokee
Palm Beech
Palm Bean Gardens
Palm Beach shores
Palm 6prtngs
Riviera Beach
Royal Palm Beach
South Bey
South Palm Beech
Tequeata
West Palm Beach
INCORPORATED PALM BEAOH OOUNTY
POPULATION AND LANE MILER D16TRIBUTION
END OF YEAR 1993
. INCORPORATED
POPULATION
1,673
17,208
63,224
48,144
395
121
48,348
211
190
169
21,938 •
703
1,164
3,234
1,117
2,185
25,898
406
3,613
8,639
28,387
8,398
321
1,411
11,747
1,893
6,871
9,819
27,553
1,031
9,708
27,128
16,462
4,039
1,483
4,603
68.27Q
476,272
PERDENT OF INCORPORATED
TOTAL INC. LANE MILES
POPU] AIIQt1
0, 6 24.0
3,82 134.3
1320 502,0
10,13 244.4
0,08 0.0
0.03 to
10.17 387.7
0.04 . 3,3
0.04 7.0
0,03 2.4
4.62 25.0
0.15 10.0
0,24 8.8
0.88 4.0
0.24 1,3
0.46 3.t
5,46
0.09
0.76
1A0
6.97
1.77
0.07
0.30
2.47
0.34
1.45
'2.07
6.80
0.22
2.04
6,71
3,48
0.65
0.31
0,95
144Q
138.0
5.4
27.7
69,4
194.2
57,9
9,2
14.0
82,3
28.0
18.4
94.8
90.0
10.3
28.0
208.0
158.6
29,7
0,0
46.2
3099L5
PERCENT' OF
TOTAL INC.
LANE mj�
0.4.24
10.24
7.91
0.00
0,06
12.64
011
0.23
0.06
0,01
0.32
0.20
0.13
0.04
0.10
4.40
0.17
0.90
1.92
6.25
1S7
0.30
0.45
1.89
0,84
. 0.50
8.08
2.91
0.33
0.84
6.73
5.07
0.98
0.00
1,46
16.10
PERCENT
LOCAL
DISTRIBUTION
0.649
4.127
15.357
8.573
0.025
0,039
11,830
0,088
0.170
0.064
1.951
0.271
0.271
0.295
0.100
0,200
4.714
0.140
0.055
1.764
6.189
1,841
0.229
0.404
1.920
0.689
0.850
2,762
3.777
0.290
1.201
8.422
4,509
0,927
0,094
1200
14 100
0