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Home My WebLink AboutR-96-49RESOLUTION NO. R-96-49 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AND THE CiTY CLERK TO ATTEST, 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 DISTRIBUTION OF THE PROCEEDS OF THE LOCAL OPTION GAS TAX; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; 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 Inteflocal 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 into the Interlocal Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. AGREEMENT. The Mayor of the City of Sebastian, Indian River County, Florida, is hereby authorized to sign, and the City Clerk to attest, on behalf of the City of Sebastian, the Inteflocal Agreement between Indian River County and the City of Sebastian attached hereto as Exhibit "A". ~. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. S~tion~. 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 and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon final passage. The foregoing Mayor Louise R. Cartwright Vice-Mayor Walter W. Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard J. Taracka Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Th~Mayor thereupon declared this Resolution duly passed and adopted thisr.,Td/~, day of /~d.~...' ,1996. Kathryn M.~YZ-all~ran, CMC/AAE City Clerk '-(Sea0_ .': .-'i-' Approved as to Form and Content: CITY OF SEBASTIAN, FLORIDA Lo~isde R. Cartwright, Mayort-'' Valerie F. Settles, City Attorney 2 INTEl{LOCAL AGREEMENT between INDIAN RIVER COUNTY, FLORIDA and CITY OF SEBASTIAN, FLORIDA THIS INTERLOCAL AGREEMENT, entered into this day of , 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 SEBASTIAN, FLORIDA, 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 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 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 gas tax among the COUNTY government and' all eligible municipalities within Indian River County; and 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 Indian River County City of Vero Beach City of Sebastian City of Fellsmere Town of Indian River Shores Town of Orchid SHARE OF PROCEEDS 67.9217% 16. 8350% 11. 9333% 2. 0974% 1. 2053% 0. 0073% 2. The division and distribution of tax proceeds as stated in paragraph I 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 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 TOWN will be deemed to have waived any rights or remedies they may have available under the laws of the State of Florida. 6. each fully instrument. This agreement shall be executed in duplicate and executed contract shall be deemed an original 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 Attest: Fran B. Adams, Chairman Jeffrey K. Barton, Clerk CITY OF SEBASTIAN, FLORIDA Louise C~rtwright; May~ Kathry~ O'Halloran, Clerk 4