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Home My WebLink About1996-146' tS/;a'l./i)(3<•agr-ear/trrtc.ric.cicrc.)c:aw �/��/�� INTERLOCAL AGREEMENT 96 between IN THE RECORDS OF JoFFREY K. BARTON INDIAN RIVER COUNTY, FLORIDA N61AN R V Go., r- A. and CITY OF SEBASTIAN, FLORIDA THIS INTERLOCAL AGREEMENT, entered into this a.5 day of �i. , 1896, by and between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as COUNTY and the CITY OF SEBASTIAN, FLORIDA, a municipal corporation of the State of Florida, hereinafter referred to as CITY, for the purpose oPproviding for the division and distribution of the proceeds of the local option gas tax Imposed by the COUNTY pursuant to Florida Statutes 336.025. N 4- N Cn M C4 W WITNESSETH: WHEREAS, Florida Statutes 336.025 grants the COUNTY the authority to levy, in addition to other taxes allowed by law, a local option gas tax upon every gallon of motor fuel and special �} fuel sold in the COUNTY and taxed under the provisions of t` Chapter 206, Florida Statutes; and r a r WHEREAS, pursuant to said enactment, the COUNTY may establish by interlocal agreement with one or more of the municipalities located within Indian River County representing a 4{ ro R i majority of the incorporated area population within the county, a distribution formula for dividing the proceeds of the local option gas tax among the COUNTY government and all eligible municipalities within Indian River County; and _1 - N 4- N Cn M C4 W WHEREAS, the CITY is a municipality located within Indian River County, Florida and the CITY represents that the CITY is eligible to receive a portion of the local gas tax as imposed by the Indian River County Local Option Gas Tax Ordinance, and desires to jointly establish with the COUNTY a distribution formula pursuant to Florida Statutes 336.025(3)(a)(1). NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter set forth and pursuant to the statutory authority set forth herein, the COUNTY and the CITY agrees as follows: 1. The proceeds of the local gas tax shall be divided among and distributed to the COUNTY and the eligible municipalities within the county as follows: RECIPIENT SHARE OF PROCEEDS Indian River County 67.9217% City of Vero Beach 16.8350% City of Sebastian 11.9333% City of Fellsmere 2.0974% Town of Indian River Shores 1.2053% Town of Orchid 0.0073% 2. The division and distribution of tax proceeds as stated in paragraph 1 above shall be based upon the following formula: The percentage of total revenue allocated to each eligible entity equals 1/3 of the entity's percentage of total equivalent lane miles of road plus 1/3 of the entity's percentage of transportation 2 expenditures over the previous five years plus 1/3 of the entity's total percentage of population residing in the area based upon the 1994 Population Estimate by University of Florida Bureau of Economic and Business Research. Said formula shall be reviewed every two years starting September 1, 1998. 3, This agreement shall take effect on September 1, 1999 and shall terminate on August 31, 2026. This agreement shall also govern the division and distribution of proceeds of the local option gas tax imposed through August 31st but not collected or otherwise available for distribution until after August 31st of the year the agreement terminates. 4. If, during the term of this agreement, any party hereto becomes ineligible to receive a share of the local option gas tax for any reason, any funds otherwise undistributed because of ineligibility shall be distributed to eligible governments within COUNTY in proportion to other monies distributed pursuant to paragraph 1 herein and the share shall be calculated pursuant to the formula contained within paragraph 2 herein. 5. By execration of this agreement, neither the COUNTY nor the CITY will be deemed to have waived any rights or remedies they may have available under the laws of the State of Florida. 6. This agreement shall be executed in duplicate and each fully executed contract shall be deemed an original instrument. 3 7. Upon adoption of an ordinance levying the local option gas tax by the COUNTY, the COUNTY shall provided the State of Florida Department of Revenue the distribution proportions established by this agreement. 8. A copy of this agreement and all subsequent amendments hereto shall be recorded in the Public Records of Indian River County, Florida, upon its execution and all parties hereto. 9. This agreement may be amended only in writing with approval by all parties executing this agreement. IN WITNESS WHEREOF, the parties hereto have caused this interlocal agreement to be executed by their duly authorized officials on the day and year first above written. INDIAN RIVER COUNTY, FLORIDA By its BOARD OF COUNTY COMMISSIONERS A Fr n B. dams, Chairman Aft49t�fK�. �Jeffre� artlon2, C CITY OF SEBASTIAN, FLORIDA r1fVC� ' `✓VC ise Cartwright, Ma r - Atfest Kathryn O'Halloran, Clerk 4 A-_ RESOLUTION NO. B9E-49 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUN'T'Y, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AND E THE CITY CLERIC TO ATTEST, ON BEHALF OF THE CITY, AN INTERLOCAL AGREEMENT BETWEEN INDIAN RIVER COUNTY AND C" THE CITY OF SEBASTIAN FOR THE PURPOSE OF PROVIDING FOR THE DIVISION AND DISTRIBUTION OF THE PROCEEDS OF THE LOCAL OPTION GAS TAX; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HE, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes 336.025 grants authority to Indian River County to levy a local option gas tax upon every gallon of motor fuel and special fuel sold in Indian River County and taxed under the provisions of Chapter 206, Florida Statutes; and WHEREAS, Indian River County, pursuant to its authority to levy the local option gas tax, may establish by interlocal agreement with one or more municipalities within its boundaries, a distribution formula for dividing proceeds of the local option gas tax among the County government and all eligible municipalities; and WHEREAS, the City of Sebastian is eligible to receive a portion of the local option gas tax; and WHEREAS, Indian River County has proposed a formula for distribution and submitted an Interlocal Agreement to the City of Sebastian for consideration; and WHEREAS, the City Council deems it in the best interest of the citizens of Sebastian to enter C) into the Interlocal Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY �. OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: <-n Stctio AGREEMENT. The Mayor of the City of Sebastian, Indian River ww.. tri County, Florida, is hereby authorized to sign, and the City Clerk to attest, on behalf of the City of 4= Sebastian, the Interlocal Agreement between Indian River County and the City of Sebastian attached hereto as Exhibit "A". .SgstiQuI. CONFLICT. All resolutions orparts ofresolutions inconflict herewith are � hereby repealed, 51dDQI, SEVEIUBILITY. Inthe event u court of competent jurisdiction shall hold or | detcn7dno that any part of this Resolution is invalid or uoconstitutionuJ, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian 1� did not intend 8»enact such invalid or unconstitutional provixion, It xhoU further he assumed that the | City Council v/uu|d have enacted the remainder of this llenn|uhou without said invalid and | unconstitutional provision, thereby causing said remainder to comuju in IbU force and effect. |� '] StaiymA, EfgFECTWE DATE, This Resolution shall take effect immediately upon fiou| puaougu { The foregoing Resolution was moved for adoption by Cound|monJbcr . The motion was seconded by CnunuUmomhor and, upon being pot to avn[t` the vote was as follows: Mayor Louise ll.Cartwright J Vice -Mayor Walter \9. Barnes | Counci|memhcr Norma lDamp Couuci|muo`horRaymond Halloran | | Cnuooi/momborRichard J.1`uruoku pnodeclared this Resolution duly passed and adopted tNn�///day nf 1996. ATTEIST ' ~— -- Kathryn M.;'O'Halloran, CMC/AAE City Clerk uotnFnnn and Content: Valerie F. Settles, City Attorney CITY 0FSEBASTIAN, FLORIDA Louise R, Cartwright, Mayor,6/ 1P