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2004-041 Amends 1993 Gas Tax Interlocal AgreementRESOLUTION 41-2004 • 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. e ~~ ~~c ! f %~, Off llil fl fl ~~ ~I~ 1 ft tli~? 1~ •~t fe I'~ ~ r (Village Seal) `F ~ l.. ~ ~ ~Il~ i ~'/~,,~~~~ ll~lll~t ~~iv AT ST: /1~~ O~~ . ~ ~ v//, . VILLAGE CLERK 82005 0076 AMENDNIENT #2 TO INTERLOCAL AGREEMENT • THIS AMENDMENT #2 to the Interlocal A reement dated August 1993 and amended in g ~ 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 • -1 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. • 1. In the first full fiscal year following incorporation, the new -2- 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 -3- 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 • -4- t• '` {.; 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 ,~- 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 ~1f ~~ Approved as to Terms and ~onciitions , ~~ -5- (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