HomeMy WebLinkAboutSeminole County Interlocal Local Option Gas Tax 1986
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INTERLOCAL AGREEMENT
THIS AGREEMENT, by and between th~ COUNTY OF SEMI~OLE~
a political subdivision of the State of Florida', whose address is
Seminole County Services Building, 1101 East First Street.,
Sanford, Florida 32771, hereinafter referred to as COUNTY~ and
the following municipalities:
CITY OF ALTAMONTE SPRINGS, a Florida municipal corpora-
tion, whose address is 225 Newburyport Avenue, Altamonte Springs,
Florida 32701, hereinafter referred to as ALTAMONTE SPRINGSl and
CITY OF CASSELBERRY, a Florida municipal corporation,
whose address is 95 Lake Triplet Drive, Casselberry, Flbrida
32707, hereinafter referred to as CASSELBERRY, and
-, Florida municipal corporaition,
CITY OF LAKE MARY, a
whose address is Post Office Box 725, Lake Mary, Florida 3~ 7 4 6,
hereinafter referred to as LAKE MARY 7 and
CITY OF LONGWOOD, a Florida municipal corpora~ion:,
whose address is 175 W. Warren Avenue, Longwood, Florida 3:2 7 5 0 ,
hereinafter referred to as LONGWOODi and
CITY OF OVIEDO, a Florida mu~icipal corporation, whose
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address is Post Office Box 159,. Oviedo, Florida 32765, herein-
after referred to as OVIEDO; and
CITY OF SANFORD, a Florida municipal corporation, iwhose
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address is Post Office Box 1778, Sanford, Florida 32771, he:rein- \
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after referred to as SANFORD, and
CITY OF WINTER SPRINGS, a Florida municipal cor;por~-
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tion, whose address is 400 N. Edgemon Avenue, Winter Spr~ngs,
Florida 32708, hereinafter referred t.o as WINTER SPRINGS.
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WHEREAS, under the authority of Section 336~O25,
Florida Statutes; and pursuant to Seminole County Ordinances Nos.
83-22, , a5-33 ana b5-34, the COUN'.t'Y levied a combined six cents
($.06) local option gas tax upon every gallon of motor fuel and
special fuel sold in Seminole County and provided for distribu-
tion of the proceeds from the tax between itself and municipali-
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ties within Seminole County; and
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. . WHEREAS, Senate Bill 313, passed during thel98(5
Legislative Session, provides that an interlocal agreemen:t to
determine the method for distribution of local option gas tax
revenues may be entered into prior to August 1, 1986 to be
effective as to 1986-1987 local option gas tax proceeds or prior
to June 1 of any year thereafter; and
WHEREAS, the COUNTY and Signatory municipa1ties iritend
to provide for the' distribution of local option gas tax proceeds
according to this Agreement:
NOW THEREFORE in consideration of the coven;an t s
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contained herein, the receipt and adequacy of which are he!reby
acknowledged by all part!es hereto, the parties agree to provide
'- for the distribution of looal option gas tax prooeeds as follows:
SECTION 1. TEro.t. This Agreement shall become effec-
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tive when approved by the Governing Bodies of the COUNTY: and
the requisite number of municipalities pursuant to Section
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,336.025, 3(a)(1), Florida Statutes (as amended '1986), and iupon
the dismissal by AtTAMONTE SPRINGS of its petition fileCI on
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August 27, 1985, with the Administration Commission. This
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Agreement shall remain in effect for the lives of the t~xes
adopted pursuant to Seminole County Ordinance 83-22, as ameinded
by Seminole COU~ty Ordinance 84-33, and Ordinance 85-34.
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SECTION 2. DISTRXBUTION O~ PROCEEDS BEGI~NG PIaCAL
YEAR' 1987-1988.
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(a) The net proceeds of the COmbined six c~nts
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($.06) locai option gas tax levied a.nd imposed by the CO~NTY'
shall. he allocated for calendar year January, 1988 and for f.!ach
calendar year thereafter until the expiration of this Agreement
on the basis of the formula set forth at Subsections (b) ai'l d. (c)
of this,Section. Net proceeds shall mean the combined six cents
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(S.06) local option gas tax collected by the Florida Department
of Revenue less the amount retained by the Florida Department of
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Revenue for administration as provided in Section 215.20, Florida
Statu.tes, or its SUCcessor provision.
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/,.,. -.."......- (b) The County portion of the.combined six cents
($.06) local option gas tax shall be distributed for calelldar
years beginning January, 1988 and thereafter for the lives of
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the taxes, as established pursuant to Seminole County Ordinances
83-22, as amended by Ordinance 85-33, and Ordinance 85-34 on the
basis of 63.6 per cent (the County portion) to the County. . The
balance of 36.4 percent (the municipal portion) shall be dis~ri-
buted to all eligible incorporated municipalities in Seminole
County, Florida.
(c) The municipal portion of the combined: six
cents ( $ . 06) local option gas tax shall be distributed: for
calendar years beginning January 1, 1988 and thereafter for: the
lives of the taxes as established pursuant to Seminole County
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Ordinances 83-22, as amended by Ordinance 85-33, and Ordinance
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85-34, among the eligible incorporated municipalities in Seminole
County, Florida, based upon a five ( 5 ) year floating formula,
annually adjusted, based upon the proportional share of. the
total transportation expenditures made by each of ' the
municipalities.
SECTION 3. ROLLING FORMULA COMPtrrATION.
(a) 'The COUNTY shall collect from the municip:ali-
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ties and the municipalities shall provide to the COUNTY, on or
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before a date established by the. COUNTY and in a form deter~ined
by the COUNTY, adequate data detailing the expenditures mad~ in
each category listed in subseotions (b) (1) through (b)(7) of
this Section. The COUNTY shall oompute distr~bution percen~ages
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therefrom and provide to the municipalities a. summary of the
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percentages computed and make available for review the documents
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from which such percentages were computed. The distribution
percentages shall apply to revenue distribution during the next
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calendar year and, on o~ before July 1 of each year, the COUNTY
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shall forward the provided percentages to the Florida Depart~ent
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of Revenue. Failure by any City to provide the expendi~ure
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information in substantial compliance as required herein shall
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/~. authorize the County to use that City's t.ransportation expendi-
tures contq.ined in that City's audit repor~s, for that City's
current calculations.
(b) In accordance with Section 336.025(7), Florida
Statutes (1985), transportation expenditures utilized in calcu-
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lating each party I s distribution proportion of the local option
gas tax proceeds shall only include expenditures by each party
from local or state shared revenue sources, exclUding federal
revenue sharing funds, local option gas tax proceeds, and
bond proceeds, for the following programs:
(1 ) public transportation operations and maintenance;
( 2 ) roadway and right-of-way maintenance ;and
-' equipment;
( 3 ) roadway and right-of-way drainage;
( 4 ) street lighting;
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( 5 ) traffic signs, traffic engineering, signaliza~ion
and pavement markings;
( 6 ) bridge maintenance and operation;
( 7 ) debt service and current expenditures for transpor-
tation capital projects in the foregoing program areas, including
construction or reconstruction of roads.
. SECTION 4 . DISTRIBUTION OF PROCEEDS FOR FISCAL YEARS
1985-1986 and 1986-1987. !
(a) The distribution proportions for the proce:eds
of the first four cents ($.04) of the cornbined'six Cents ( $ .:06 )
.- fiscal 1985-1986 1986-1987
local option gas tax for years and
up to and including pecember 31, 1987, shall be as set forth
below and are based upon the proportionate share of the to:t al
transportation expenditures made by the COUNTY and eligible
municipalities fqr the five ( 5 ) fiscal years preoeding authori!za-
tion and imposition of the tax (1978-1982):
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7' Local Government Distribution Proportion
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Seminole County 64.89%
Altamonte Springs 7.46%
Casselberry 6.86%
Lake Mary 1. 04 %
Longwood 5.41%
Oviedo 1.54%
Sanford 10.06%
Winter Springs 2.74%
(b) The distribution proportions for the procieeds
of the last two cents ($.02) of the combined six cents ($;.06)
local option gas tax. for fiscal years 1985-1986 and 1986-1987 up
..- to and including December 31, 1987, shall be as set forth below
and are based upon the proportionate share of the total transpor-
tation expenditures made by the COUNTY and eligible munioip~li-
ties for the five ( 5 ) fiscal years preceding authorization:and
imposition of the tax (1980-1984):
Local Government Distribution Proportion
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Seminole County 61. 09%
Altamonte Springs 11.87%
Casselberry 6.59%
Lake Mary 0.93%
Longwood 5.31%
OViedo 1.33%
Sanford 9.64%
'- Winter.Springs 3.24%
SECTION 5. COVENANT OF THE PARTIES.
(a) Prior to challenging the distribution of
local, option gas tax revenues under the provisions of Section
336.025(5) (b) , .Florida Stat'..:ttes, or its Successor provision, in
any forum, jUdicial or administrative, a party shall submit" in
writing, its objection to the distribution proportion to the
Seminole County Office of Management and BUdget, which shall,
within thirty (30) days of receipt, provide to the chairperso~ of
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the Council of Local .Governments in Se~inole County (CALNO) ~ an
analysis of the challenge. Upon receipt ot the analysis, CALNO
shall, wi thin thirty (30) days, hear the challenge at a spe.c ial
meeting called solely for said purpose, at which CALNO aha,ll,
upon majority vote, render an advisory and non-binding opinion as
to the validity or invalidity of the challenge.
(b) In the event that any party hereto shall
challenge the distribution of local option gas tax revenues under
the provisions of Section 336.025(5) (b) , Florida Statutes~ or
its successor provision, in any forum, jUdicial or administra_
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tive, the revenues to be distributed to the parties shall no~ be
held, escrowed, or delayed by the Florida Department of R.ev,enue
,- during the pendency of the dispute and, to the extent legally
permissible, the revenues shall be distributed to each part)' to
the extent that each party'S distribution share would not be
reduced if the challenge were successful.
SECTION 6. AMENDMENT OF ORDINANCE 83;"'22. Upon' due
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authorization, execution, and delivery of a valid Interlocal
Agreement by and among the COUNTY and municipalities in aCcor-
dance with Section 336.025(3) (a)l., Florida Statutes (1985), . the
COUNTY will Cause Seminole County Ordinance 83-22 to be amended
as follows:
Delete Section 3 in its entirety and substitute
therefore the following __
SECTION 3. DISTRIBUTION OP PROCEEDS. Proceeds
--' divided and distri-
of the tax hereby imposed shall be
buted among the County government and eligible munici-
palities in accordance with the provisions of Section
336.025, Florida Statutes, as amended. The County
shall prov:.de the Det.artment of Revenue, State of
Florida, with the actual distribution percentages
~hether derived from an interlocal agreement as
authorized by Section 336.025(3)(a)l, Florida Statutes
(1985), or by applicabil i ty of the statutory formula
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set forth in. Section 336.025 (4), Florida Statutes
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(.1983) .
SECTION 7. SAVINGS CLAUSE. The parties agree tha~ if
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any provision of tbis Agreement is declared invalid in any
administrative or jUdicial proceeding, the provisions of Seminole
County Ordinance Numbers 83-22, 85-33, and 85-34 sball survive
and be in full force and effect without prejudice to any party
disputing distribution percentages pursuant to Section
336.025(S)(b),F1orida Statutes (1985).
IN WITNESS WHEREOF, the parties haVing caused ~his
Agreement to be executed in eight (8) COunterparts by their
respective and duly authorized offices 6n the resp~ctive date'.
ATTEST:
- ~~~~/Clerk
PAT WAINRIGHT,
Date: ~/./~/P&: _
ATTEST: CITY OF CASSELBERRY
By:
LINDA Gl\RAVilNO, C~ty Clerk" OWEN SHEPPilRD, Mayor
Date:
ATTEST: CITY OF LAKE MARy
BY:~ cuL-
Rrc 1.1 A. FESS, :Mayor
Date: c,,/Y-"7-- /T~
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ATTEST: CITY OF LONGWOOD
By:
DONALD L. TER~Y, C1ty. Cler~ LAR~Y GOLDBE~G, Mayor __
Date;
ATTEST. ..C:~Y~~DO
BY'~ ~
RO ~ . WHIT ,.1: , Mayor -
Date: 9.. /(- ? b
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ATTEST: CITY OF SANFORD
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H~.---- 'JR. if- B~~ SMI~ Mayor
Ci y Clerk . 1;~ 'I
Date: ' Ir
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ATTEST:
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MARY ~" N RTON, City Clerk , Mayor
BOARD OF COUNTY COMMISSrONERS
SEMINOLE COUNTY, FLORIDA
By:
- RIEN
Clerk to th Board of
County Commissioners of Date:
Seminole County, Florida.
As authorized for execution
by the Board of Co ty Commis';"
sioIJ..e~s in their ,.
19~~ regular rnee
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