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Home My WebLink AboutR-26-14 Local Option Gas TaxRESOLUTION NO. R-26-14 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF OF THE CITY, AN INTERLOCAL AGREEMENT BETWEEN INDIAN RIVER COUNTY AND THE CITY OF SEBASTIAN FOR THE PURPOSE OF PROVIDING FOR THE DIVISION AND DISTRIBUTIN OF THE PROCEEDS OF THE LOCAL OPTION GAS TAX; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; 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 Inter -Local 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 Inter -Local Agreement to the City of Sebastian for consideration. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, AS FOLLOWS: SECTION 1. AGREEMEENT. The Mayor of the City of Sebastian, Indian River County, Florida is hereby authorized to sign the Inter -Local agreement between Indian River County and the City of Sebastian attached hereto as Exhibit "A". SECTION 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 4. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of the City Council by filing a corrected copy of same with the City Clerk. SECTION 5. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council Member McPartlan Motion was seconded by Council Member N„ nn and, upon being put to a vote, the vote was as follows. Mayor Fred Jones aye Vice Mayor Bob McPartlan a Ve Council Member Christopher Nunn aye Council Member Ed Dodd aye Council Member Sherrie Matthews aye The Mayor thereupon declared this Resolution, as modified upon reconsideration,uiy_. passed, and adopted this 25th day of March, 2026. CITY OF SEBASTIAN ATTEST: 44, Catherine .Testa Acting City Clerk Fred Jones, Mayor Approved as to form and legality for reliance by the City of Sebastian only: Jame tokes, City Attorney INTERLOCAL AGREEMENT FOR OPTIONAL GAS TAX DISTRIBUTION Between INDIAN RIVER COUNTY, FLORIDA And CITY OF SEBASTIAN THIS INTERLOCAL AGREDEMENT, entered into this IS *day of&aO 2026, by and between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the state of Florida, by and though its Board of County Commissioners, hereinafter referred to as COUNTY and the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, hereinafter referred to as CITY, for the purpose of providing for the division and distribution of the proceeds of the local option gas tax imposed by the COUNTY pursuant to Florida Statutes Section 336.025. WITTNESSETH: WHEREAS, Florida Statutes Section 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 WHEREAS, pursuant to said enactment, the COUNTY may establish by interlocal agreement with one or more of the municipalities located within the COUNTY representing a 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 the COUNTY; and WHEREAS, the CITY is a municipality located within Indian River County, Forida 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 Section 336.025(3)(a)(1). NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter set forth 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 Indian River County City of Vero Beach City of Fellsmere City of Sebastian Town of Orchid Town of Indian River Shores SHARE OF PROCEEDS 70.316039% 9.723878% 2.756476% 15.472814% 0.291454% 1.439338% 2. The division and distribution of tax proceeds as stated in paragraph 1 above shall be based upon the following formula: 1 /2 of the entity's percentage of total equivalent lane miles of road plus 1 /2 of the entity's total percentage of population based upon most recent estimate from the University of Florida Bureau of Economic and Business Research (BEBR). Said formula shall be reviewed every two years with each municipality reporting the items noted above to the Public Works Director by April 301h with a public hearing following in May to discuss and adopt the distribution formula that the County will provide to the Florida State Department of Revenue and will take effect starting September 1, 2028. Recalculation of the distribution shall be the only portion of the agreement subject to change every two years at the two-year review. 3. This agreement shall take effect on September 1, 2026, and shall terminate on August 31, 2056. This agreement shall also govern the division and distribution of proceeds of the local option gas tax imposed through August 3 1 " but not collected or otherwise available for distribution until after August 31 S` 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 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. b. This agreement shall be executed in duplicate and each fully executed contract shall be deemed an original instrument. 7. Upon adoption of an ordinance levying the local option gas tax by the COUNTY, the COUNTY shall provide the State of Florida Department of Revenue with 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 the approval of 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 Chairman Attested to by Ryan L. Butler, Clerk of the Circuit Court and Comptroller Deputy Clerk Approved as to Form and Legal Sufficiency 0 Susan J. Prado, Deputy County Attorney City of Sebastian Fred Jones, Mayor Attest r Approv gal form and sufficiency: James tokes, City Attorney