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HomeMy WebLinkAboutSeminole County Interlocal Local Option Gas Tax 1986 , - .. ,,:)::~ '. . ~ "'J .... . " ,\. i . ,1.':(1;.: '.,' '" )--: . ,: . ~ ". \' 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 i address is Post Office Box 159,. Oviedo, Florida 32765, herein- after referred to as OVIEDO; and CITY OF SANFORD, a Florida municipal corporation, iwhose . . . address is Post Office Box 1778, Sanford, Florida 32771, he:rein- \ 1 \ after referred to as SANFORD, and CITY OF WINTER SPRINGS, a Florida municipal cor;por~- '- I tion, whose address is 400 N. Edgemon Avenue, Winter Spr~ngs, Florida 32708, hereinafter referred t.o as WINTER SPRINGS. , 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 ($.06) local option gas tax upon every gallon of motor fuel and special fuel sold in Seminole County and provided for distribu- tion of the proceeds from the tax between itself and municipali- --. .--- -- ...-- ....-.. ..- ...-. ..... -_. -.. - -_. ._- ties within Seminole County; and 7671 Data To From :J~ -1- Co.lOepl.. Co. , ! i Phone 1/ Phone 1/ I ; Fax' Fax# , TDI '.""/ t=l~DI<:" t??<:" ) .DlI7 .,~ '..l>-lHI.1 ~'>lH" ~n 1 I T '""t J?,OT J C. C. T _r-n ,,,,n~ I '-, ncs U!:I'!:IU /,6-50-11 860(-t2(-/.Ot NOMd <-VQ ;'::0 . d It::IlOl / - , , ..--- . . WHEREAS, Senate Bill 313, passed during thel98(5 Legislative Session, provides that an interlocal agreemen:t to determine the method for distribution of local option gas tax revenues may be entered into prior to August 1, 1986 to be effective as to 1986-1987 local option gas tax proceeds or prior to June 1 of any year thereafter; and WHEREAS, the COUNTY and Signatory municipa1ties iritend to provide for the' distribution of local option gas tax proceeds according to this Agreement: NOW THEREFORE in consideration of the coven;an t s : contained herein, the receipt and adequacy of which are he!reby acknowledged by all part!es hereto, the parties agree to provide '- for the distribution of looal option gas tax prooeeds as follows: SECTION 1. TEro.t. This Agreement shall become effec- - I tive when approved by the Governing Bodies of the COUNTY: and the requisite number of municipalities pursuant to Section i ,336.025, 3(a)(1), Florida Statutes (as amended '1986), and iupon the dismissal by AtTAMONTE SPRINGS of its petition fileCI on , August 27, 1985, with the Administration Commission. This : , Agreement shall remain in effect for the lives of the t~xes adopted pursuant to Seminole County Ordinance 83-22, as ameinded by Seminole COU~ty Ordinance 84-33, and Ordinance 85-34. , SECTION 2. DISTRXBUTION O~ PROCEEDS BEGI~NG PIaCAL YEAR' 1987-1988. - (a) The net proceeds of the COmbined six c~nts ~ I ! ($.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 , (S.06) local option gas tax collected by the Florida Department of Revenue less the amount retained by the Florida Department of . , Revenue for administration as provided in Section 215.20, Florida Statu.tes, or its SUCcessor provision. -2- / - . . ' , /,.,. -.."......- (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 I 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 ~ Ordinances 83-22, as amended by Ordinance 85-33, and Ordinance , 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- , ties and the municipalities shall provide to the COUNTY, on or , 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 -- therefrom and provide to the municipalities a. summary of the : percentages computed and make available for review the documents i from which such percentages were computed. The distribution percentages shall apply to revenue distribution during the next . ! , calendar year and, on o~ before July 1 of each year, the COUNTY I , shall forward the provided percentages to the Florida Depart~ent , of Revenue. Failure by any City to provide the expendi~ure , , information in substantial compliance as required herein shall -3- Tn' I i"Irnr"' .....?r"' lr-\J- - . '~ .1. . . ;{I~' , .... . .f',' '." , ,. /~. 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- , 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; ) ( 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): -4... --. . - - 7 ;; .' " . . 7' Local Government Distribution Proportion I , 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 - 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 : -5- i .-n . . I f71c-n.- '-'="_ . -- . - ....., ..."'- ::JU- l I 860C-~ZC-LO~ Noa~ 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_ , 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 - 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 -6- ,.,., f . . }~, . . set forth in. Section 336.025 (4), Florida Statutes /-~ (.1983) . SECTION 7. SAVINGS CLAUSE. The parties agree tha~ if . 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~ _J 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 -7- "....~ I t ......,-.-a,-.. J-__ ,_. '~ ATTEST: CITY OF SANFORD ' . ~ ~ . . By I .. fJ.. v H~.---- 'JR. if- B~~ SMI~ Mayor Ci y Clerk . 1;~ 'I Date: ' Ir / . ATTEST: ~A7'~ 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 - LNG/gg 061786 Rev 070286/1f Rev '070386 Rev 070786 Rev 070886 Rev 080686 Rev 080786 '-' -8-