2004-040 Amends 1995 Gas Tax Interlocal Agreement• RESOLUTION 40-2004
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. 1 TO THE INTERLOCAL AGREEMENT DATED 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. 1 to the Interlocal Agreement dated 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. 1 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.
```,~~1IIII11((/f~,~/
,.~ ~~(~ I. '1 /~ '~.,,
~+~ltt tf E`f ~y ~~
(Village Seal) ~`' ~'~°,
/~,f ~~
r% ~. I [ C~Itf[~/, I ~ M Y
~~~fr
f~ ff `~
f' ~< ,S,
• I ),`
AT "' , lr,lr Ifs
VILLAGE CLERK
X2005 0053
AnIENDIVIENT #I TO INTERLOCAL AGREEMENT
• THIS AMENDS ~t '
YfEi T # ] to the Interlocal Agreement dated May, 1995,. by and between Palm
Beach County, a political subdivision of the State of Florida, hereinafter referred to as the
`'COUNTY" and Vi 11 aqe 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 t ~ ~ , 2004 ("Amendment # 1 ").
WITNESSETH:
WHEREAS, Section 336.025(])(a), Florida Statutes, authorizes a one (1), two (2), three (3),
four (4), five (5), and/or six (6) 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 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
WI-TEREAS, 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 COUNTY, in
terms of this distribution formula; and
WHEREAS, the dissolution ofan existing municipality (the Town of'Golfview) 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; a ~'t'
'~'VHEREAS, the COUNTY and the MUNICIPALITY'=i~ish 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
~VI-AREAS, representatives of the COUNTY and the variot;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 # 1
• which are set forth herein; and
WHEREAS, this Amendment # 1 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 #1 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 3. of the Interlocal Agreement shall be amended by the addition of
new subsections "C" "D" and "E" which shall hereafter read as follows:
3A. (This subsection shall remain in full force and effect as set forth in the
Interlocal Agreement)
3B. (This subsection shall remain in full force and effect as set forth in the
Interlocal Agreement)
3C. In the event a new municipality is incorporated in Palm Beach County, its
share of the six (6) cent gas tax shall be provided from the shares formerly allocated
to the county and the collective municipalities as set forth below.
I. In the first full fiscal year following incorporation, the new
municipality will receive a sum based solely on its population as opposed to
C~
-2-
the usual distribution formula of lane miles and population as set forth in
• Section 4. of the Interlocal Agreement. Said sum shall be determined by
multiplying the population of the new municipality times 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 3A above or any
amendment thereto (i.e. currently sixty-six and two thirds percent (66z~'%)
from the county's share and thirty-three and one third percent (33'x'%) 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 (100%) of the new
municipality's share.
b. Section 4 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 3C1 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
3A 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 3C1, above.
b. Likewise, the percentage allocated to the collective
municipalities, including the new municipality, as set forth in Section 3A
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
amount as set forth in Section 3C1 above.
-~-
c. Section 4 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.
3D. In the event an existing municipality in Palm Beach County is dissolved, the
former municipality's share of the six (6) cent gas tax shall be distributed to the
county and to the remaining collective municipalities by applying in reverse the
process set forth in Section 3C, above.
3E. 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 #1 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 # 1 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 #1.
Section 3: This Amendment #1 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 #l 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 # 1, then this Amendment # I
shall be null and void and the parties hereto shall have no further rights or responsibilities hereunder.
•
-4-
IN WITNESS WHEREOF, the parties hereto have set their hands and seals in the day set
•
forth ~b~v~~~
°~°~~. ,
~'1TT~ST~, , t - '_ ~ - • (NAME OF MUNICIPALITY)
~; .
~%~ ~ ~ Y
`~~~.Iu1u~~~c~al Clerk Mayor
~~~
ATTEST:$~aron A. Boy
Pairn
BY 1~
Bv: _-
County Clerk
~j~ty q~l'id N T
d.'•. ~C (7 Fi I D ~
O '• •... •
~''~g~..
~sEAL) R20O5 QQ53
!AN 11 Zoos
PALM BEACH COUNTY, FLORIDA BY
ITS BOARD OF COMMISSIONERS
Y ~~%
~~
'•~i?-" By Chair
a= Tq ny Masilotti, Chairman
(sEAL) Addre L. Greene, Dice Chairperson
AppROVED AS TO FORM
AND LEC3AL SUf Ft ~ •
i~
Cou~jl Ali
~g~troved as to Terms
a ~':;nditioas ,
w,::::4
Br• •
-s-
Entity
Palm Beach County Lacal Option Cas Tazes
Inlerlocal Agreements
Attachment I
~uvent
6 cent 6 cent% 5 cent
Atlantis
Belle Glade
Boca Raton
Boynton Beach
Briny Breezes
Cloud lake
Delray Beach
Glen Ridge
Golf
Grcenacres
Gulfstream
Haverhill
Highland Beach
Hypoluxo
Juno Beach
Jupiter
Jupiter Inlet Colony
Lake Clazke Shores
Lake Park
Lake Worth
Lantana
Manalapan
Mangonia Perk
North Palm Beach
Ocean Ridge
Pahokx
Palm Beach
Palm Beach Gardens
Palm Beach Shores
Palm Springs
Riveria Beach
Royai Palm Beach
South Bay
South Palm Beach
Tequesta
Wellington
Wes[ Palm Beach
Distrihution before New City
New City (population 40,000)
Total Municipal Distribution
County
Total
62,687 0.21°ie 29,586
255,394 0.85% 120,539
1,367,767 4.53% 645,556
803,913 2.66% 319,424
3,208 O.OI% 1,514
4,031 0.01% 1,902
1,107,932 - ~ '3:67°!L 522,912
11,351 0.04% 5,356
14,997 O.OS% 7,078
237,045 0.78% 111,878
20,103 0.07°~ 9,488
26,880 0.09% 12,686
23,876 0.08% 11,269
9,938 0.03°k 4,690
31,788 0.11% !5,003
607,860 2.01% 286,902
6,975 0.02% 3,292
7!,749 0.24% 33,864
107,628 0.36% 50,892
372,252 1.23% 175,692
165,147 0.55% 77,945
11,453 0.04% 5,406
20,616 0.07% 9,730
181,224 0.60% 85,532
59,542 0.20% 28,102
48,871 0.16% 23,066
136,541 0.45 % 64,444
359,121 1.19% 169,495
25,115 0.08% 11,854
185,990 0.62% 87,782
563,749 1.87% 266,073
458,627 1.52% 216,459
68,183 0.23% 32,180
3,374 0.01% 1,592
120,005 0.40% 56,639
1,035,305 3.43% 488,634
1,477,058 4.89% 697,128
10,067,535 33.33% 4,751,585
(0,067,535 :.33.33%6 4,751,585
20,135,070 7,' ~. 66:671 17,875,012
Equity Approach
5 cent % 6 cent 6 cent % 5 cent
5 cent °/
0.13% 61,345 0.20% 29,188 0.13%
0.53% 249,929 0.83% 118,914 0.53°
2.85% 1,338,516 4.43% 636,852 2.81°.•0
1.68% 786,709 2.60% 374,708 1.65%
O.OI% 3,139 0.01 % 1,494 0.01
O.OI% 3,945 O.OI% 1,877 O.OI%
2.31% 1,084,221 ~ '~,3~9.°~; 515,862 2.28%
0.02% 11,108 0.04% 5,285 0,02%
0.03% 14,676 0.05% 6,983 0.03%
0.49% 231,972 0.77% 110,370 0.49%
0.04% 19,673 0.07% 9,360 0.04%
0.06% 26,305 0.09% 12,515 0.06
0.05% 23,365 0.08% 11,117 0.05%
0.02% 9,725 0.03% 4,627 0.02%
0.07% 31,107 _ O.IO% 14,601 0.07%
1.27% 594,871 1.97% 283,034 1.25%
0.01% 6,825 0.02% 3,247 0.01%
0.15% 70,214 0.23% 33,407 0.15%
0.22% 105,521 0.35% 50,206 022
0.78% 364,285 1.21% 173,323 0.77%
0.34% 161,613 0.54% 76,894 0.34%
0.02% 11,208 0.04% 5,333 0.02%
0.04% 20,174 0.07% 9,599 U.04%
0.38% 177,345 0.59% 64,379 0.37%
0.12 % 58,266 0.19% 27,723 0.12%
0.10% 47,825 0.16% 22,755 0.10%
0.26% 133,619 0.44% 63,575 0.28%
0.75% 351,435 1.16% 167,209 0.74°,0
0.05% 24,578 0.08% 11,694 0.05%
0.39% 182,010 0.60% 86,598 0.38%
].1 B% SS 1,684 1.83% 262,486 1.16%
0.96% 448,812 1.49% 213,540 0.94%
0,14% 66,724 0.22% 31,746 0.14%
0.01% 3,302 O.OI% 1,571 O.OI%
0.25% 117,437 0.39% 55,875 0.25%
2.16% 1,013,149 3.35% 462,046 2.13%
3.08% 1,445,447 4.79% 687,729 3.04°/u
21.00% 9,852,082 32.62% 4,687,522 20.72%
- 646,360 2. I4% 305,063 135
21.00°.% 10,498,441 ~~~.. 34.76°/i 4,992,585
79.00% 19,704,164 ;~ 65.24% 17,634,012
Muaicioal Per Capita Amount
6 Ceat
5 Cent
10,067,535
623,030
4,751,585
623,030
623,030 Current M1[unicipal Population
_ $16.16 ($16.15898913)
_ $7.63 (87.62657496)
./ .
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 shaze and 33.33% from the collective existing municipalities' share.
Similazly, for the five cents tax, 79% would come from the County's shaze and
21% from the collective existing municipalities' shaze. The resulting slightly
lower percentage for the County's shaze of each tax would be cazried forward and
used as the split in subsequent yeazs. (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%
Delray Beach's six-cent shaze goes from 3.67% to 3.59% (as one example)
F:V-IF042904.IA