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2004-041 Amends 1993 Gas Tax Interlocal AgreementRESOLUTION 41-2004
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A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING THE MAYOR AND VILLAGE CLERK TO ENTER
INTO AN AMENDMENT NO. 2 TO THE INTERLOCAL AGREEMENT DATED AUGUST,
1993, AND AMENDED IN MAY, 1995, BY AND BETWEEN PALM BEACH COUNTY, A
POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND THE VILLAGE OF
NORTH PALM BEACH, WHICH AMENDMENT IS ATTACHED AS EXHIBIT "A" AND
SETS FORTH THE FORMULA FOR AN EQUITABLE DISTRIBUTION OF GAS TAX
REVENUES AMONG PALM BEACH COUNTY AND PALM BEACH COUNTY
MUNICIPALITIES IN THE EVENT OF THE INCORPORATION OF A NEW
MUNICIPALITY OR THE DISSOLUTION OF AN EXISTING MUNICIPALITY; AND,
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby
approve Amendment No. 2 to the Interlocal Agreement dated August, 1993, and amended in May,
1995, by and between Palm Beach County, a political subdivision of the State of Florida, and the
Village of North Palm Beach, which amendment is attached as Exhibit "A" and sets forth the
formula for an equitable distribution of gas tax revenues among Palm Beach County and Palm
Beach County municipalities in the event of the incorporation of a new municipality or the
dissolution of an existing municipality.
Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute
Amendment No. 2 to Interlocal Agreement set forth in Exhibit "A" for and on behalf of the
Village of North Palm Beach.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 22nd DAY OF JULY, 2004.
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VILLAGE CLERK
82005 0076
AMENDNIENT #2 TO INTERLOCAL AGREEMENT
• THIS AMENDMENT #2 to the Interlocal A reement dated August 1993 and amended in
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Nlay, 1995, by and between Palm Beach County, a political subdivision of the State of Florida,
hereinafter referred to as the "COUNTY" and Vi 11 age of North Palm Beach , 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", is made and entered
into this day of SAM ~ ~ ~ , g@6~ ("Amendment #2").
WITNESSETH:
WI-AREAS, Section 336.025(1)(b), Floi~rdcr Statutes, authorizes a one (1), two (2}, three
(3), four (4), and/or five (5) cent local option gas tax ("the Tax") to be levied upon the sale of every
gallon of motor fuel and special fuel within the COUNTY; and
WHEREAS, the COUNTY and various MUNICIPALITIES entered into an Interlocal
Agreement in August of 1993 which was amended by the parties in May, 1995, ("Interlocal
Agreement") 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 creation of a new municipality (the Village of Wellington) in Palm Beach
County negatively impacted the existing eligible municipalities, with no impact on the COCTNTY, Ill
terms of this distribution formula; and
WHEREAS, the dissolution ofan existing municipality (the Town ofGolfview) in Palm Beach
County positively impacted, although in a minute way, the existing eligible municipalities, with no
impact on the COUNTY, in terms of this distribution formula; and
WHEREAS, the COUNTY and the MUNICIPALITY wish to amend the Interlocal
Agreement to provide for an equitable sharing of the impact of either the future creation of a new
municipality or the future dissolution of a municipality in Palm Beach County; and
WHEREAS, representatives of the COUNTY and the various municipalities, utilizing the
Palm Beach County League of Cities, Inc. (Successor to the Palm Beach County Municipal League
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Inc.), have met and negotiated mutually acceptable terms and conditions for this Amendment #2
• which are set forth herein; and
WHEREAS, this Amendment #2 will allow for more predictable financial planning for these
proceeds by the MUNICIPALITY and the COUNTY; and
WHEREAS, the Florida Legislature, under advisement from the Palm Beach County
Legislative Delegation, is the governmental entity which lawfully creates new municipalities and under
one method is similarly involved in dissolving a municipal corporation; and
WHEREAS, the COUNTY and the MUNICIPALITY, in conjunction with the Palm Beach
County League of Cities, Inc., intends that Palm Beach County Legislative Delegation and the Florida
Legislature (and Governor if .deemed necessary) be made aware of this Amendment #2 and
appropriately incorporate its provisions in any related future legislation.
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 amend the terms and conditions of
the Interlocal Agreement as follows:
Section 1: Section 2. of the Interlocal Agreement shall be amended by the addition of
new subsections "C" "D" and "E" which shall hereafter read as follows:
2A. (This subsection shall remain in full force and effect as set forth in the
Interlocal Agreement)
2B. (This subsection shall remain in full force and effect as set forth in the
Interlocal Agreement)
2C. In the event a new municipality is incorporated in Palm Beach County, its
share of the tax collected pursuant to the ordinance referenced in the Agreement shall
be provided from the shares formerly allocated to the county and the collective
municipalities as set forth below.
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1. In the first full fiscal year following incorporation, the new
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municipality will receive a sum based solely on its population as opposed to
the usual distribution formula of lane miles and population as set forth in
Section 3. of the Interlocal Agreement. Said sum shall be determined by
multiplying the population of the new municipality tinges the municipal
per capita distribution amount from the most recently available fiscal
year and shall be funded from the county's and collective municipalities'
shares in accordance with the same percentages due to the county and
the collective municipalities as set forth in Section 2A above or any
amendment thereto (i.e. currently seventy-nine percent (79%) from the
county's share and twenty-one percent (Z 1 %) from the collective
municipalities' share; see Attachment 1 attached hereto which shows an
example of the calculations for a hypothetical new municipality with a
population of 40,000).
a. The combined county and collective municipalities'
contributions shall equal one hundred percent (I 00%) of the new
municipality's share.
b. Section 3. below shall continue to apply as the distribution
formula for the remaining municipalities after their contribution to the new
municipality's amount as set forth in Section 2C 1 above.
2. In the subsequent fiscal years after the first full fiscal year following
incorporation of the new municipality:
a. The percentage allocated to the county as set forth in Section
2A above or any current amendment thereto, shall be amended by reducing it
in an amount that reflects the county's contribution to the new municipality's
amount as set forth in Section 2C1, above.
b. Likewise, the percentage allocated to the collective
municipalities, including the new municipality, as set forth in Section 2A
above or any current amendment thereto, shall be amended by increasing it in
an amount that reflects the county's contribution to the new municipality's
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amount as set forth in Section 2C 1 above.
c: Section 3. below shall apply to the new municipality in all
annual distributions in the years after the first full fiscal year following
incorporation of the new municipality.
2D. In the event an existing municipality in Palm Beach County is dissolved, the
former municipality's share of the gas tax shall be distributed to the county and to the
remaining collective municipalities by applying in reverse the process set forth in
Section 2C, above.
2E. In the event of proposed legislation which would either create or dissolve a
municipality in Palm Beach County, the county and the subject municipality agree that
the Palm Beach County Legislative Delegation and the Florida Legislature (and
Governor, if deemed necessary) be made aware of this Amendment #2 and
appropriately incorporate its provisions into such proposed legislation. The subject
municipality may accomplish this by supporting the Palm Beach County League of
Cities, Inc., as the organization that is in place to convey municipal consensus on
legislative matters.
Section 2: This Amendment #2 shall be attached to the Interlocal Agreement and shall
become a part thereof. All other Sections of the current Interlocal Agreement shall remain in full
force and effect as set forth in that Agreement and there shall be no changes to that Agreement with
the exception of those items specifically set forth in this Amendment #2.
Section 3: This Amendment #2 to the Interlocal Agreement shall take effect only upon
execution both by the COUNTY and those municipalities representing a majority ofthe population of
the incorporated areas of the COUNTY. In the event that either the COUNTY fails to execute this
Amendment #2 or in the event that those municipalities representing a majority of the population of
the incorporated areas of the COUNTY fail to execute this Amendment #2, then this Amendment #2
shall be null and void and tlae parties hereto shall have no further rights or responsibilities hereunder.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals in the day set
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'` {.; p~'S y9?fit°;n
y fo~rtli:al~~~e.
By
(SEAL)
82005 0076
!AN 111005
ATT~S~TOn R. Bock, Cierk & Compi~oller PALM BEACH COUNTY, FLORIDA BY
Palm~6~, ch 1` y~~tY ITS BOARD OF C0~IMISSIONERS
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By: B arc,. bep ~ :~,,~, ~~ By:
Co~d1y 8 erk '~' '~U' ; Chair
. c o u N r •~ ~ ~~ ~ Masilotti, Chairman
d~~. Fi ~~ Addfe Greene, Vice Chairperson
yam' GRID '~=
' ~= SEAL
APPROVED AR TO FORM
AND LEGAL SUFFt E Y
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~~
Approved as to Terms
and ~onciitions ,
~~
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(NAME OF MUNICIPALITY)
Palm Beach County Local Optiao Gas Taxes
lalerlatal Agreemeotr
.4ttachmeat 1
Entity
Atlantis
Belle Glade
Boca Raton
Boynton Beach
Briny Breezes
Cloud Lake
Delray Beach
Glen Ridge
GoIC
Greena¢es
Gulfstream
Haverhill
Highland Beach
Hypoluxo
Juno Beach
Jupiter
Jupiter Inlet Colony
Lake Clazke Shoru
Lake Park
Lake Worth
Lantana
Manalapan
Mangonia Park
North Palm Beach
Ocean Ridge
Pahokee
Palm Beach
Palm Beach Gardens
Palm Bwch Shores
Palm Springs
Riveria Beach
Royal Palm Beach
South Bay
South Pahn Beach
Tequesta
Wellington
West Palm Beach
Distribution before New City
New City (population 40,000)
Total Municipal Distribution
County
Total
Current Equity Approach
6 cent 6 cent % 5 cent 5 cent % 6 cent 6 cent % 5 cent 5 cent °/
62,687 0.21 i6 29,586 0.1)% 61,345 0.20% 29,188 0.13%
255,394 0.65% 120,539 0.53% 249,929 0.83% 116,914 0.53°.0
(,367,787 4.53% 645,556 2.85% 1,338,516 4.43% 636,852 2.R1°.•o
803,913 2.66% 379,424 1.68% 786,709 2.60% 374,308 1.65%
3,208 O.OI% 1,514 0.01 % 3,139 O.OI% 1,494 0.01%
4,031 0.01%
~ 1,902 0.01% 3,945 0.01% 1,877 0.01%
1,107,932 '3i67°~ 522,912 2.31% 1,084,221 ~ "`~,~359,°~; 515,862 2.28%
11,351 0.04% 5,358 0.02% 11,108 0.04% 5,285 0.02%
14,997 0.05% 7,078 0.03 % 14,676 0.05% 6,983 0.03%
237,045 0.78% 111,878 0.49% 231,972 0.77% 110,370 0.49%
20,103 0.07% 9,488 0.04% 19,673 0.07% 9,360 0.04°
26,880 0.09% 12,686 0.06% 26,305 0.09% 12,515 0.06%
23,876 0.08% 11,269 0.05% 23,365 0.08% 11,117 0.05%
9,938 0.03% 4,690 0.02% 9.725 0.03% 4 627 n n2et
31,788 O.ll% 15,003 0.07% 31,107 0.10% !4,801 0.07%
607,860 2.01% 286,902 1.27% 594,871 1.97% 283,034 1.25
6,975 0.02% 3,292 0.01% 6,825 0.02% 3,247 0.01%
71,749 0.24% 33,864 0.15°/a 70,214 0.23% 33,407 0.15%
107,828 0.36% 50,892 0.22% 105,521 0.35% 50,206 0.22%
372,252 1.23% 175,692 0.78% 364,285 1.21% 173,323 0.77%
165,147 0.55% 77,945 0.34% 161,613 0.54% 76,894 0.34%
11,453 0.04% 5,406 0.02% 11,208 0.04% 5,333 0.02%
20,616 0.07% 9,730 0.04% 20,174 0.07% 9,599 0.04%
!61,224 0.60% 85,532 0.38% 177,345 0.59% 84,379 0.37
59,542 0.20% 28,102 0.12% 58,266 0.19% 27,723 0.12%
48,871 0.16% 23,066 O.IO% 47,825 0.16% 22,755 0.10%
L36,541 0.45% 64,444 0.28% 133,619 0.44% 63,575 0.28%
359,12[ 1,19% 169,495 0.75% 351,435 1.16% 167,209 0,7q°/,
25,115 0.118% 11,854 0.05% 24,578 0.08% 11,694 0.05°10
185,990 0.62°/a 87,782 0.39% 182,010 0.60% 86,598 0.38%
563,749 1.87% 266,073 1.18% SS 1,684 1.83% 262,486 1.16%
458,627 1.52% 216,459 0.96 % 448,812 1.49% 213,540 0.94%
68,183 0.23% 32,180 0.14% 66,724 0.22% 31,746 0.14%
3,774 0.01% 1,592 0.01 % 3,302 0.01% 1,571 0.01%
120,005 0.40% 56,639 0.25% 117,437 0.39% 55,675 0.25°/a
1,035,305 3.43% 488,634 2.16% 1,013,149 395% 482,046 2.13%
1,477,058 4.89% 697,128 3.08% 1,445,447 4.79% 667,729 3.04%
10,067,535 33.33% 4,751,585 21.00% 9,852,082 32.62% 4,687,522 20.72%
- - - - 646,360 2.14% 305,063 1.35%
10,067,535 ': :~. 33.33%: 4,751,585 21.00:6 10,498,441 ~~~~. , 34.76%~ 4,992,585 22.07%
20,135,070 ::, '.~, 66:67Y 17,873,012 79.D0% 19,704,164 ~~ :65.24%: 17,634,012 77.93%
30,202,605 100.00% 22,626,597 100.00% 30,202,605 100.00% 22,626,597 100.00°,%
Muoictaal Per Capita Amount 623,030 Current Municipal Populatloo
6 Cent - 10,067,535 = $16.16 ($16.15898913)
623,030
5 Ceat 4,751,585 = $7.63 ($7.62657496)
623,030
, / ~\~~
I~
ATTACHMENT
A new municipality's first yeaz amount would be detemuned by its population
and, in the case of the six cents tax, 66.67% of this amount would come from the
County's share and 33.33% from the collective existing municipalities' share.
Similazly, for the five cents tax, 79% would come from the County's share and
21% from. the collective existing municipalities' shaze. The resulting slightly
lower percentage for the County's shaze of each tax would be carried forward and
used as the split in subsequent years. (In the attached example, the existing
66.67% - 33.33% split would become a 65.24% - 34.76% split and the existing
79% - 21% split would become a 77.93% - 22.07% split.) Although the overall
municipal portion increases, the existing municipalities' would also have their
individual shazes reduced to provide the non-County portions for the new
municipality.
In the attached example for a new city (population 40,000):
Palm Beach County's six-cent share goes from 66.67% to 65.24%
Overall municipal six-cent shaze goes from 33.33% to 34.76%
Dekay Beach's six-cent share goes from 3.67% to 3.59% (as one example)
F:V-IF042904.1A