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HomeMy WebLinkAboutIRC & Seb Local Option Gas TaxSTATI~ OF FLORIDA INDIAN RIVER couNTY THIS iS TO CERTIFY THAT THiS IS A TRUE AND CoP, P. ECT COPY OF THE oRIGINAL ON FILE JN THt$ OFFICE. JEFFREY K. B/,~,O,~, CLLP-.K BY ~ D.C. DATE ~ ' INTERLOCAL AGREEMENT between INDIAN RIVER COUNTY, FLORIDA and CITY OF SEBASTIAN, FLORIDA · TH= RECORDS ~'~7 ~':., ~ ~.K CIRCUIT { iAt, t BIVFm THIS INTERLOCAL AGREEMENT, entered into this day of C~x.-n.~_~ , 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 C · C C 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 Veto 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% tax proceeds as 2. The division and distribution of 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 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. 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 shah 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 ,.~!.~.{..~' ~ Fr~_ B ."~dams, Chairman {! ~; [ Jeffrey~K-~Barton, Clm~k, ';-:,;~;""~]~:'","5:~' CITY OF SEBASTIAN, FLORIDA ise Cart~right, MaWr Att~ t Kath~ O~Hallo~an, Clo~k 4