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INTERLOCAL AGREEMENT
between t�, -(HE RECORDS :` r
; FFREY K.
INDIAN RIVER COUNTY, FLORIDA 1:1 1A RIVER C - JLA-
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and
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CITY OF FELLSMERE, FLORIDA
THIS INTERLOCAL AGREEMENT, entered into this
day of 1 1996, 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 FELLSMERE, FLORIDA,
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a municipal corporation of the State of Florida, hereinafter
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referred to as CITY, for the purpose of 'providing for the division
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and distribution of the proceeds of the local option gas tax
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Imposed by the COUNTY pursuant to Florida Statutes 336.025.`
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
Chapter 206, Florida Statutes; and C>
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
majority of the incorporated area population within the county, a
distribution formula for dividing the proceeds of the local option
This doetunent was prepared by
and be re-mrneci to
the Cuuuty Auorixuy'e Office,
ZW 25th St., Fero Beach,
Florida 3296Q
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gas tax among the COUNTY government and all eligible
municipalities within Indian River County; and
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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
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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)(x) I
NOW, THEREFORE, in consideration of the mutual terms,
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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 reach 16.8350$
City of Sebastian 11.9333%
City of Fellsmere 2.0971$
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Town of Indian River Shores 1.2053%
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Town of Orchid 0.0073%
2. The division and distribution of tax proceeds as
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stated in paragraph 1 above shall be based upon the following
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formula:
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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 113 of the entity's percentage of transportation
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,
1996 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 I herein and the share shall be calculated pursuant to
the formula contained within paragraph 2 herein.
5. By execution 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.
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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 HOARD OF COUNTY COMMISSIONERS
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Cler
TY OF FELI.SMERE, FLORIDA
Attes
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