Item N03
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 15. 2009 - KW
Division
County Attorney
Bulk Item: Yes
No~
Staff Contact Person: Suzanne Hutton
AGENDA ITEM WORDING:
Approval of a Local Option Gas Tax Sharing Interlocal Agreement between Monroe County and the City
of Key West, the City of Key Colony Beach, the City of Layton, the City of Marathon and the City of
Islamorada, Village of Islands.
ITEM BACKGROUND:
In 1983, the County imposed a four-cent "gas" tax, and imposed an additional two-cent tax in 1985 which
were combined into the current six-cent tax in 1989. In 1983, the County entered into an agreement with
the City of Key West to distribute the local option gas tax to distribute the local option gas tax as follows:
County 62%, Key West 35%, Key Colony Beach 2% and Layton 1%. After the County passed
Ordinances No. 016-1989 and No. 026-1989, in 1990, the County entered into a new interlocal agreement
with the City of Key West revising the distribution to: County 60.5%, Key West 36.5%, Key Colony
Beach 2% and Layton 1% with the term to expire 6/30/09. Subsquently, the cities of Marathon and
Islamorada incorporated and became operational in 2000. In 2004, the County entered into individual
interlocal agreements with the cities of Mafathon ($273,733.38 per year) and Islamorada ($294,500 per
fiscal year) and the parties have continued to extend the agreement under the same terms and conditions
until 6/30/09. The proceed distribution contained in the interlocal agreements were determined based
upon road miles pursuant to Sec. 336.025, Florida Statutes and in compliance with Ordinance Nos. 016-
1989 and No. 026-1989.
At the November 14, 2007 meeting of the BOCC, discussion was held concerning the depletion of the
County's gas tax reserves, due to increased costs exceeding the gas tax revenues in the last few years, the
state legislature's limitations on ad valorem taxation precluding drawing upon that source to make up any
shortfall, and the inability of the County to continue to service the road and bridge system and to conduct
critical renovations for bridges nearing their 50-year life span. Options were provided to the BOCC to
increase the gas tax as authorized by F.S. 336.025(1)(b) or to levy special assessments. As part of this
discussion, the BOCC has publicly discussed revising the proceed distribution to other municipalities of
the local option gas tax revenues collected by the County and directed staff to initiate contact with the
affected municipalities and obtain their input and desires. The proposed combined ILA contains a revised
distribution of the local option gas tax revenues collected by the County based on road miles, which the
majority of the municipalities who have responded seem to be in agreement with. Please note: Pursuant to
Chapter 336.025(5)(a), Florida Statutes the County must provide the Florida Department of Revenue with
a copy of an adopted Interlocal Agreement no later than July 1, 2009 OR provide written notification of
its intent to let the existing agreements with the municipalities expire effective 6/30/09.
PREVIOUS RELEVANT BOCC ACTION:
Ordinance No. 16-1989 approving extension of the six-cent "gas" tax authorized by F.S. 336.025(1)(a).
12/19/2007 (Q-14) BOCC tabled to 2/20/2008 BOCC
2/20/2008 (P-3) BOCC denied approval to advertise Public Hearing
3/19/2008 (N-16) BOCC motion for approval to advertise Public Hearing died for lack of a second
1/28/09 (0-3) BOCC approval to advertise Public Hearing for 3/18/09 in Marathon
3/18/09 (Q-2 and Q-3) BOCC tabled to May BOCC
CONTRACT/AGREEMENT CHANGES:
Combines (3) individual liAs into one
Revises the proceed distribution percentage of the revenues to County and municipalities
STAFF RECOMMENDATIONS:
ApprovaL
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY: None
SOURCE OF FUNDS:
N
REVENUE PRODUCING: Yes~ No
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty x~OMB/Purchasing _ Risk Management _
DOCUMENTATION:
Included X
Not Required_ .
DISPOSITION:
AGENDA ITEM #
LOCAL OPTION GAS TAX SHARING
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is made and entered into on the day of
, 2009 between Monroe County (MUNROE COUNTY), a political
subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida
33040, AND the City of Key West (KEY WEST), a municipal corporation of the State of
Florida and whose address is 525 Angela Street, P. O. Box 1409, Key West, Florida; the City of
Key Colony Beach (KEY COLONY BEACH), a municipal corporation of the State of Florida
and whose address is P. O. Box 510141, 600 West Ocean Drive, Key Colony Beach, Florida
33051; the City of Layton (LAYTON), a municipal corporation of the State of Florida and
whose address is P. O. Box 778, Long Key, Florida 33001; the City of Marathon
(MARATHON), a municipal corporation of the State of Florida and whose address is 10045-55
Overseas Highway, Marathon, Florida 33050; and the city of Islamorada, The Village of
Islands (ISLAMORADA), a municipal corporation of the State of Florida and whose address is
87000 Overseas Highway, Islamorada, Florida 33036; and
WHEREAS, pursuant to Chapter 97-348, Laws of Florida, the above-named
municipalities were incorporated by the State of Florida and are presently operational; and
WHEREAS, pursuant to Sec. 9(8) of Chapter 97-348, Laws of Florida, the above-named
municipalities are entitled to receive a proportionate share of local option gas tax revenues
collected in Monroe County; and
WHEREAS, effective September 1, 1983, Monroe County and the City of Key West
entered into an agreement to distribute the local option gas tax as follows: County 62%, Key
West 35%, Key Colony Beach 2% and Layton 1%; and
WHEREAS, after County Ordinances No. 016-1989 and No. 026-1989 were passed,
Monroe County and the City of Key West entered into a new agreement on May 30, 1990, for
the distribution to be: County 60.5%, Key West 36.5%, Key Colony Beach 2% and Layton 1%;
and
WHEREAS, on May 24, 1999, MONROE COUNTY renewed the lnterlocal
Agreement for the distribution of local option gas tax revenues with the cities of KEY WEST,
KEY COLONY BEACH and LA YTON to distribute the proceeds of the six cent local option
gas tax imposed by COUNTY under Ordinance No. 016-1989, as amended by County
Ordinance No. 026-1989, and as authorized by Sec. 336.025, Florida Statutes, among the
COUNTY and the cities of KEY WEST, KEY COLONY BEACH and LAYTON,
according to the following percentages:
Monroe County .........11II........ .............
City of Key West .......................
City of Key Colony Beach .........
60.5%
36.5%
2.0%
1.0%
City of Layton. ........... ............. ......
Page 1 of5
Combined Local Option Gas Tax ILA
3/25/09 KP
WHEREAS, on May 16, 2006 the parties agreed to extend the Agreement under the
same terms, with the present Agreement due to expire June 30, 2009; and
WHEREAS, the city of ISLAMORADA, VILLAGE OF ISLANDS, became
incorporated on December 31, 1997 and became operational in March, 2000 and entitled to
receive a proportionate share of local option gas tax revenues collected in Monroe County; and
WHEREAS, the city of MARATHON became incorporated on November 30,1999 and
became operational on February 24, 2000 and entitled to receive a proportionate share of local
option gas tax revenues collected in Monroe County starting July 1, 2000; and
WHEREAS, pursuant to Sec. 336.025(4)(b), Florida Statutes, the percentage of gas tax
revenues payable to a new city is based upon a statutory land mile formula; and
WHEREAS, on June 16, 2004, MONROE COUNTY entered into an individual
lnterlocal Agreement between MONROE COUNTY and the city of ISLAMORADA,
VILLAGE OF ISLANDS for distribution of $294,500 local option gas tax revenues for each
fiscal year during the term of the Agreement; and
WHEREAS, on May 16, 2006 the parties agreed to extend the Agreement under the
same terms, with the present Agreement due to expire June 30, 2009; and
WHEREAS, on June 16, 2004, MONROE COUNTY entered into an individual
InterIocal Agreement betWeen MONROE COUNTY and the eity of MARATHON for
distribution of $273,733.38 local option gas tax revenues for each year during the term of the
Agreement; and
WHEREAS, the parties agreed to extend the Agreement under the same terms on May
16,2006, with the present Agreement due to expire June 30,2009;
WHEREAS, the State of Florida, Department of Revenue is authorized to distribute
directly to the COUNTY and to the named municipalities their statutory share of the gas tax
revenues; and
WHEREAS, pursuant to Chapter 336.025(5)(a), Florida Statutes, COUNTY must notify
the State of Florida, Department of Revenue, in writing, of COUNTY's intent to let these
Agreements expire or, if to be extended, to adopt and provide the Department of Revenue with a
new Agreement by July 1, 2009; and
WHEREAS, it is the desire of all parties to extend the existing lnterlocal Agreements
under the present terms and conditions in each individual lnterlocal Agreement under one
combined Interlocal Agreement; now, therefore
Page 2 of 5
Combined Local Option Gas Tax ILA
3/25/09 KP
IN CONSIDERATION OF the mutual promises and conditions contained herein, the
PARTIES agree as follows:
SECTION 1. TERM.
Pursuant to Sec. 163.01, Florida Statutes, subject to and upon the terms and conditions set forth
herein, this Agreement shall be effective beginning July 1, 2009 and continue in force until such
time as in any subsequent fiscal year either 1) the revenue is no longer distributed by the State of
Florida Department of Revenue, 2) the funding is no longer budgeted by the Board of County
Commissioners or 3) by mutual consent of the parties.
SECTION 2. DISTRIBUTION OF REVENUES.
The State of Florida, Department of Revenue, is authorized to distribute the designated share of
the local option gas tax revenues directly to the COUNTY and the named cities in this Interlocal
Agreement.
SECTION 3. REVENUE SHARE ALLOCATION
All parties agree the proceeds of the six cent local option gas tax, imposed by County Ordinance
No. 016-1989, as amended by County Ordinance No. 026-1989, and as authorized by Sec.
336.025, Florida Statutes, shall be distributed among the COUNTY and the named cities based
on road miles, as set forth below:
Monroe County
City of Key West
City of Key Colony Beac~
City of Layton
City of Marathon
City of Islamorada, VOl
Road Miles
389
80
8
3
58
39
Percent Distribution
67.3%
13.9%
1.4%
0.5%
10.0%
6.9%
SECTION 4. ADJUSTMENT
In the event that an audit for transportation expenditures, as specified by Chapter 336, Florida
Statutes, changes the actual lane miles in the named cities, the parties shall mutually agree to
review the audit and adjust the percentage of revenue due to the cities.
SECTION 5. AUTHORlZA TION
Pursuant to Section 163.02, Florida Statutes, the parties are authorized to enter into this
lnterlocal Agreement.
SECTION 6. TERMINATION. The COUNTY may terminate this agreement after giving
the named parties at least ninety (90) days written notice.
SECTION 7. ASSIGNMENT. No Party may assign this Agreement or assign or subcontract
any of its obligations under this Agreement without the approval of the governing boards of the
other Parties. All the obligations of this Agreement will extend to and bind the legal
representatives, successors and assigns of the all Parties.
Page 3 of5
Combined Local Option Gas Tax ll...A
3/25/09 KP
SECTION 8. SUBORDINATION. This Agreement is subordinate to the laws and regulations
of the United States, the State of Florida, and the COUNTY, whether in effect on
commencement of this agreement or adopted after that date.
SECTION 9. INCONSISTENCY. If any item, condition or obligation of this Agreement is in
conflict with other items in this Agreement, the inconsistencies shall be construed so as to give
meaning to those terms which limit the COUNTY's responsibility and liability.
SECTION 10. GOVERNING LA WSIVENUE. This Agreement is governed by the laws of
the State of Florida and the United States. Venue for any dispute arising under this Agreement
must be in Monroe County, Florida. In the event of any litigation, the prevailing party is entitled
to a reasonable attorney's fee and costs.
SECTION 11. NOTICES. Notices in this Agreement, unless otherwise specified, must be sent
by certified mail to the following:
COUNTY:
County Administrator Roman Gastesi
1100 Simonton Street
Key West, FL 33040
&
County Attorney Suzanne Hutton
P. O. Box 1026
Key West, FL 33041
KEY COLONY BEACH:
Thomas D. Wright
City Attorney for Key Colony Beach
9711 Overseas Highway
Marathon, FL 33050
&
Mayor Ron Sutton
P. O. Box 510141
Key Colony Beach, FL 33051
MARATHON:
Mayor Mike Cinque
9805 Overseas Highway
Marathon,FL 33050
&
City Attorney Jimmy Morales
150 W. Flagler Street, Suite 2200
Miami, FL 33130
ISLAMORADA:
Mayor Cathi Hill
81990 Overseas Highway, 2nd Floor
P. O. Box 568
Islamorada, FL 33036
&
Nina Boniske, Village Attorney
2665 S. Bayshore Drive, Suite 420
Miami, FL 33133
LAYTON:
Mr. Dirk Smits, Esq
City Attorney for Layton
81990 Overseas Highway, Third Floor
Islamorada, FL 33036
&
Mayor Norman Anderson
P. O. Box 778
Long Key, FL 33001
KEY WEST:
City Manager Jim Scholl &
City Attorney Sean Smith
P. 0. Box 1409
Key West, FL 33041
SECTION 12. FULL UNDERSTANDING. This Agreement is the parties' final mutual
understanding regarding the subject matter hereof It replaces any earlier agreements or
understandings, whether written or oral. This Agreement cannot be modified or replaced except
by another written and signed agreement.
Combined Local Option Gas Tax ILA
3/25/09 KP
Page 4 of5
SECTION 13. EFFECTIVE DATE. This Interlocal Agreement will take effect on July 1, 2009.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its
duly authorized representative.
(SEAL)
BOARD OF COUNTY COMM.ISSIONERS
ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk
Mayor/Chairman
MONFtOE COUNTY ATTORNEY
t\ . 'lOVED AS TO F
;' Z!\NNE A. H TON
~", Cq,l~ATTO~~
.C" _~w. .4cJ,,-r;.IO~~.M'
CITY OF KEY WEST
(SEAL)
ATTEST:
By:
By:
Clerk
Mayor
(SEAL)
ATTEST:
By:
CITY OF KEY COLONY BEACH
By:
Clerk
Mayor
(SEAL)
ATTEST:
By:
CITY OF LAYTON
By:
Clerk
Mayor
(SEAL)
ATTEST:
By:
Clerk
(SEAL)
ATTEST:
By:
Clerk
CITY OF MARATHON
By:
Mayor
CITY OF ISLAMORADA
By:
Mayor
Page 5 of 5
Combined Local Option Gas Tax ILA
3/25/09 KP
5u?JOlfi€.- v'
~
~"~
DEPARTMENT
OF REVENUE
Refunds and Distribution
Revenue Accounting Sub Process
P.O. Box 6609
Tallahassee,FL 32399
E.oowvo Ollot.tor
I.JsI EGI>r;em
March 17, 2009
'R-ecET\rED
~23~
Sonny McCoy, Mayor
Monroe County Board of Commissioners
I 100 Simonton Street, Suite 205
Key West, FL 33040
I . r .ll"_
coutfrY p...:,
Dear Mayor:
After a recent review of our files it has been determined that Monroe County's interlocal
agreements with lslamorada and the City of Marathon expire on June 30,2009. It is necessary to notify
the Florida Department of Revenue, in writing, of Monroe County's intent to let this agreement expire or
extend it. If the Commission plans to extend the agreement, it is essential that a new one be adopted by
July 1,2009 and a copy be provided the Florida Department of Revenue also by July 1,2009 as mandated
by Chapter 336.025(5)(a), Florida Statutes.
Mayor McCoy, if you have any questions about this matter, please feel free to contact me at (850)
487-1152.
Si~wL _
Bruce H. Williams
Finance and Accounting Director ill
Revenue Accounting Sub-Process
BHW/bl
cc: Monroe County File
Child Support Enforcement - Ann COffin. Director. General Ta~ Admlmstrnllon - Jfm Evers. D/lWttJr
PRlperty Tale Oversl9ht- James McAdams. DlrBctar. AdminIstrative Se!\lIces - NIHlr;y KeJ/ey. DlrocIor elnformalloo 5emces - Tony Powell. Dlrectar
(850) 487-1150
www.myflorlda.com/dor
FAX; (650) 921-1171
HOARH OF COUNTY COMMISSIONF:RS
AGENDA IT~M SUMMARV
Meeting Date: May 16, 2006
Division: Public Works
Bulk Item: Yes l No
Department: Administration
Staff Contact Person: Beth Leto
AGENDA ITEM WORDING: Approval of Interlocal Agreement with the City of Key West
extending the local option gas tax distribution with the Cities of Key West, Key Colony Beacb, and
Layton.
ITEM BACKGROUND: The current agreement needs to be renewed and filed with the State by
July 1,2006.
PREVIOUS RELEVANT BOCC ACTION: This intcrlocal agreement was approved by the BOCC
in 1999, and then extended in 2000 and 2001.
CONTRACT/AGREEMENT CHANGES: Extend agreement until June 30, 2009.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST:
-0-
BUDGETED: Yes
No
.cOST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Y car
API)ROVED BY: County Atty._
OMB/Purchasing _
DIVISION DIRECTOR APPROVAL:
!
["'L./
Risk Managcment_
4J "
(;/""- ----------
Dent Pierce
DOCUMENTATION:
Included X
Not Required~_
DISPOSITION:
AGENDA ITEM #
L ':"~
, t
<::~
Revised 2/05
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
___ ~~"V ~
CONTRACT SUMMARY
Contract #
Contract Witll: The Ciiy of Key West
Effective Date' 7-01-.200Q
Expiralion Dale" 6-30..2009
Contrad Purpose/Description: extends distribution of local option Qas tax revenues.
Beth Leta
(Name)
for BOCe meetinQ on Mav 16, 2006
4560
(Ext.)
PW MOffit.! #1
(Department) 1 Courier Stop
Contract Manager:
AQenda Deadline: 51212006
CONTRACT COSTS
Total Dollar Value of Contract: $
Budgeted? Yes 0 No 0
Grant $
County Match: $
Current Year Portion: $
Account Codes:
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr. For:
{Not included in dollar value above} (e.Q., maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes Date Out
:::~':::~:::n' ~~~;~ :::~e::~ '~sf2::~ ;j;~:
OM\;purCha'ing _~lit, Ye'~ NoIT ~~~
County Attorney "':::/J-!Du YesD NoG <!~""- ___~~ -=- s:Jylot
~ ~ /
Comments:
I
I
---..J
EXTENSiON OF. AN INTERLOCAL AGREEMENT
City of Key West
This extension of an InterIocal Agreement is entered into on this the 16th day of May.
2006, between Monroe County, Florida, a political subdivision of the State of Florida and the City
of Key West, Florida, a municipality organized under the laws of the State of Florida.
WHEREAS, on May 24, 1999, the parties entered into an lnlerlocal Agreement regarding
the distribution of the six cent local option gas tax; and
WHEREAS, on June 20,2001, the pmties extended that agreement until July 1,2006; and
WHEREAS, the parties desire to further extend that agreement; now, therefore.
IN CONSIDERATION of the mutual promises and benefits set fmth below, the parties
agree as follows:
1. The Interloeal Agreement concerning the distribution of the six cent local option gas
tax dated May 24, 1999 and extended on June 20, 2001, a copy of which is ~ltached to this
extension agreement, is hereby extended until July 1, 2009.
IN WITNESS WHEREOF the patties hereto have set their hands and seals the day and year
first above written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairman
(SEAL)
ATTEST:
CITY OF KEY WEST, FLORIDA
By_
City Clerk
By_ _m _m____
MONR~!;!)\90U~HY ATTORNEY
APPROVED AS TO FORM:
J " ~k' . " "r,.,,...
'-??<'----?<j~I:::.J~v/[ "::l-,2-t"-..v, -"' '__:.L' 'c..",
SUS~N M. GRIMSLEY
ASSI8TA[\]T COUNTY ATTORNEY
EXTENSION Of AN INTERLOCAL AGREEMENT
City of Key West
This exte.sion of an interloeal agreement is entered into on this the ;zO iA
day of June, 2001, by Monroe Coun1y, a political subdivision of the State of Flol~ida, and
the Ci1y of Key West, a municipality organized under the laws of the State of Florida.
WHEREAS, on May 24, 1999 the parties entered into an interlocal agreement
regarding the distribution of the six cent local option gaS tax;
WHEREAS, the parties desire to extend that agreement; now, therefore
IN CONSIDERA nON of the mutual promises and benefits set forth below, the
parties agree as follows:
1. The interlocal agreement concerning the distribution of the six cent local
option gas tax dated May 24, 1999, a copy of which is attached to this extension
agreement, is hereby extended until July 1,2006.
WITNESS WHEREOf the parties have set their hands and seals the day and
e written.
L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF JONROE COUNTY I FLORIDA
~ [) /? ~-<-(t-cl
Mfr'/or / Chairperson
crTY OF KEY WEST,
F A
(
By
:r dickwgostux..
Clerk 1::1 .}JIJ "m:.
j9"Hlmt '-1 A: ,,' '.
$ ta:2 W d 9 Z HfW j 0
mJOJ]~J dU:~ ,
Monroe County Clerk's Original
EXTENSION OF AN INTER-LOCAL AGREEMENT
This extension of on interlocol agreement is entered into on this the .2d:? #
day of July, 2000, by Monroe County, a politicol subdivision of the State of Florida, and
the City of Key West, a municipality organized under the laws of the State of Florida.
WHEREAS, on May 24, 1999 the parties entered into an interlocal agreement
regarding the distribution of the six cent local option gas tax;
WHEREAS, the parties desire to extend that agreement; now, therefore
IN CONSIDERATION of the mutual promises and benefits set forth below, the
parties agree as follows:
1. The interlocal agreement concerning the distribution of the six cent local
option gas tax dated May 24, 1999, a copy of which is attached to this extension
agreement, is hereby extended until July 1, 2001.
WITNESS WHEREOF the parties have set their hands and seals the day and
ve written. .
BOARD OF COUN1)f COMMISSIONERS
OF MONROE COUNTY, FLORIDA
(SEAL)
Attest:
B}k~k~
,
By c:S~-F~
Mayor /Chairperson
~
o t::' ~
.:e ~ "'-J
.:r;,.C')::t:; ~
Fi? r- :J: c::::
('")?'-< ~
C;) C'") :- e
c::;- .....,
:e~A
CITY OF KEY WEST,
A
jdiokwga~tru(
B
INTERLOCAL AGREEMENT
This Interlocal agreement made and entered into by and between MONROE
COUNTY, a political subdivision of the Slate of Florida. and the CITY Of KEY WEST, a
municipality organized under the laws of the State of Florida, on this 24th day of May, 1999,
under the authority of Sec. 163.0], F.S., the parties agree 0$ follows:
Section 1. The proceeds of the six cent local option gas tax, imposed by County
Ordinance No. 016-1989, as amended by County Ordinance No. 026-1989. and as
authorized by Sec. 336.025, F.S., shall be distributed among the County and the dties
according to the following percentages:
Monroe Cou nty ... .......... ........ ..' ........... ..... ....... ............... ,.... h. ....... ........ 60.5%
City of Key West .....................................................................n.............. 36.5%
City of Key Colony Beach ..........................................................u.......... 2.0%
City of Layton ......... ........... ............... ....... ....... ........ ........ .............. .... ....... 1 .0%
Section 2. This agreement sholl remain in effect until July 1, 2000.
Section 3. This' agreement shall not take effect until approved by Monroe County
and the City of Key West and filed with the Circuil Court of Monroe County, Florida.
IN NESS WHEREOF the parties hereto, have executed this Interlaca! Agreement the
\, ~. L)
\~ST:
"-
By d'l/UtJ~~~
Depu lerk
rst above written.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLQRIDA
_00 CJ
By
or~~
rrl ;;:0;: -"-
Mayor/Ch@Yfliph
~~8 -c
-inr :::i: m
~:~SM: (jMs
City Mayor
APPROVED AS TO FORM
.f\, Q l.EGAl S fCIENCY.
B.
(SEAL)
A nEST: Clerk
ByQlQJl~~1v
01 lerk
jiokwgostax
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DA TE: May 1 G, 200G
DIVISION: Public Works
BULK ITEM: Yes x No
DEPARTMENT: Administration
AGENDA ITEM WORDING: Approval of Interloeal Agreement with the City of
Marathon extending the local option gas tax distribution.
ITEM BACKGROUND: The current agreement needs to be renewed and tiled with the
State by July 1> 2006.
PREVIOUS RELEVANT BOCC ACTION: On June 16,2004, the BOCC approved the
current agreement which expires on June 30, 2006.
CONTRACT/AGREEMENT CHANGES: Extend agreement until Junc 30, 2009.
STAFF RECOMMENDATION: Approval.
TOT AL COST; $
-0-
BUDGETED: Yes:
No:
COST TO COUNTY: $
REVENUE GENERATED: Yes
No
APPROVED BY: County Atty.:
DIVISION DIRECTOR APPROVAL:
OMB/Purchasing: Risk Management:
(ffi/.~~~--
Dent Pierce
DOCLlMENT ATION: INCLUDED: x
NOT REQUIRED:
A(JENDA ITEM #:
/)
(: ~ G,
DISPOSITION:
MONROE COUNTY SOARD OF COUNTY COlif/MISSIONERS
CONTRACT SUMMARY
Contract #___
Contract with: The City of Marathon
Effective Date' 7.01-2006
Expiration Date: 6.30-2009
Contract Purpose/Description: extends distribution of local option qa~ tax revenues.
Contract Manager:
Beth Leto
(Name)
4560
(Ext. )
PW MQmt. / #1
(Department) I Courier Stop
for soce meeting on Ma 16,2006
Agenda Deadline: 5/2/2006
CONTRACT COSTS
Tolal Dollar Value of Contract: $
Budgeted? Yes 0 No 0
Grant $
County Match: $
Current Year Portion: $
Account Codes:
ADDIT10NAL COSTS
Estimated Ongoing Costs: $_fyr. For:
(Not included in dollar value above) (e.g., maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
D~te In
S 1'vlo ~
5'(3-00
~
<:/,y/6&
,
Changes Date Out
Needed /' /J Revie~
YesO NoD C~ C7:;~'- 5/1--10(,
YesO NoC;;V nl.S-G.tu11 - "j--oCG
YesD Nog" /x1u:~/fi-'i!~
YesO NoD ...J...-yj{ ~..-'z.-<,-,,~-e<<~ .-:) - i 'C(,
U d
Risk Management
o _ ~.IpurChaSi ng
County Attorney
Comments:
L u _ . __
==J
INTERLOCAL AGREEMENT
City of Marathon
This is an Intcrlocal Agreement between Monroe County, Florida, a political subdivision
of the State of Florida (the "County") and City of Marathon, Florida, a municipal corporation of
the State of Florida (the "City"), entered into this ] 6lh day of May, 2006, (the or this
" Agreement").
WHEREAS, pursuant to Chapter 99-427, Laws of Florida, the City was inCOl1)Orated on
November 30, 1999, and bccamc operational in February 24,2000; and
WHEREAS, pursuant to Section 9(8) of Chapter 99-427, Laws of Florida, the City IS
entitled to receive a proportionate share of local option gas tax revenues collected in Monroe
County starting July 1, 2000; and
WHEREAS, pursuant to Section 336.025(4)(b), Florida Statutes, "the percentage of gas
tax revenues payable to a new city upqn is based upon a statutory lane mile formula; and
WHEREAS, the parties dcsire to entcr into this Agreement to specify the statutory
amounts that the City is entitled to; now therefore,
THE PARTIES AGREE as follows:
Section 1.
This Interlocal Agreement shall apply to f1.mding starting on Julyl, 2006 to
June 30,2009.
Section 2.
The State of Plorida, Department of Revenue is authorized to distribute
directly to the City its statutory sharc of gas tax revcnues.
Sectio!] 3.
The City shall receive $273.733.38 in gas tax revenues [or each year
during the term of this Agreement.
Section 4.
]n the event that an audit for transportation expenditures specified by
Chapter 336, Florida Statutes, changes the actual lane miles in the City, the parties shall mutually
agree to review the audit and adjust the percentage ofrevenues due to the City.
Section 5. Pursuant to Section 163.01, Florida Statutes, the parties are authorized to enter
into the lnterlocal Agreement.
Section 5.
This lnterloeal Agreement will take effect when certified copies are filed
with the Clerk of the Circuit Court and the City Clerk.
TN WITNESS WHEREOF the parties hereto have executed this Tnterlocal Agreement the
day and year written below.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FI,ORIDA
By
By
Deputy Clerk
Mayor/Chainnan
DATE:
(SEAL)
ATTEST:
CITY OF MARATHON, FLORIDA
By
By
City Clerk
Mayor
DATE:
INTERLOCAl AGREEMENT
City of Marathon
ThiS is an Interlocal Agreement between Monroe County, Florida, a political
subdivision of the State of Florida (the "County") and the City of Marathon, Florida, a
municipal corporation of the State of Florida (the "City"), entered into this 16th day
of June, 2004, (the or this "Agreement").
WHEREAS, pursuant to Chapter 99-427, Laws of Florida, the City was
incorporated on, November 3D, 1999, and became operational February 24, 2000;
and
WHEREAS, pursuant to Section 9(8} of Chapter 99-427, Laws of Florida, the
City is entitled to receive a proportionate share of local option gas tax revenues
collected in Monroe County starting July 1, 2000; and
WHEREAS, pursuant to Section 336.025(4}(b), Florida Statutes, the percentage
of gas tax revenues payable to a new city upon its first year ~f existence is based
upon a statutory lan~ mile formula; and
WHEREAS, the parties desire to enter into this Agreement to specify the
statutory amounts that the City is entitled to for the term of this Agreement; now
therefore,
THE PARTIES AGREE as follows:
Section 1. This Interlocal Agreement shall apply to funding starting July 1,
2004 to June 30, 2006.
Section 2. The State of Florida, Department of Revenue is authorized to
distribute directly to the City its statutory share of gas tax revenues.
Section 3. The City shall receive $273,733.38 in gas tax revenues for each
fiscal year during the term of this Agreement.
Section 4.
Distributions of the local option gas tax to the City in later fiscal
years shall be pursuant to a formula set forth in an Interlocal Agreement entered into
under Section 336.02S(3)(a)(1), Florida Statutes.
Section 5. Pursuant to Section 163.01, Florida Statutes, the parties are
authorized to enter into the Interlocal Agreement.
Section 6, This Interlocal Agreement will take effect when certified copies are
filed with the Clerk of the Circuit Court and the City Clerk.
JlaCOMgaslDx04
hereto have executed this Interlocal
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNlY, FLORIDA
By .~(~
Mayor/Chairman
CITY OF MARATHON', FLORIDA
BY~~
r--.)
::E: gg
o c ....-
::z "'p c.-
::0 ("') :.. c:
Or" Z
rn ';1. . . I'..)
gc-)' ~
~?~-
-In. ~
:<~~ ~
"'ft Gl 9
~ rn 0
U'i
."
r
",
c::;l
.,
o
:0
::u
fTI
(;
o
;;0
'='
MONROE COUNTY ATTORNEY
~:
~ JOHN R. COLLINS
CO~NTY t;rORNEV
Oalo__ tJ Sj .:J I V
BOARD OF COUNTY COMMiSSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: May 16, 2006
DIVISION:
Public Works
BULK ITEM: Yes x No
DEPARTMENT: Administralion
AGENDA ITEM WORDING: Approval of Interlocal Agreement with lslamoraJa, Village
of Islands, Florida, extending the local option gas tax distribution.
ITEM BACKGROUND: The current agreement needs to be renewed and filed with the
State by July 1,2006.
PREVIOUS RELEVANT BOCC ACTION: On June 16,2004, the BOCC approved the
current agreement which expires on June 30, 2006.
CONTRACT/AGREEMENT CHANGES: Extend agreement until June 30, 2009.
STAFF RECOMMENDATION: Approval.
TOTAL COST: $
-0-
BUDGETED: Yes:
No:
COST TO COUNTY: $
REVENUE GENERATED: Yes No
APPROVED BY: County Atty.: _ OMB/Purchasing: Risk Management:
" /1 //)
DrVISION DIRECTOR APPROVAL: (/~-L.-../ .p'~~..-.----
Dcnl Pierce
DOCUMENTATION: INCLUDED: x
NOT REQUIRED:
AGENDA ITEM #:
~-/
DISPOSITION:
fIIlONHOE COUNTY BOARD OF COUNTY corumllissloNERS
I
I
I Contract with:
CONTRACI SUMMARY
Contract #
Islamorada. VillaQe of Islands
Effective Date: L::Ql:?006
Expiration Date 6-30-2009
. Contract PurposelDescription: extends distribution of local option qas tax revenues
Contract Manager:
Beth leto
(Name)
4560
(Ext. )
PW Mqmt. I #1
(Department) I Courier Stop
for soce meeting on May 16, 2006
A enda Deadline: 5/2/2006
CONTRACT COSTS
Total Dollar Value of Contract: $
Budgeted? Yes 0 No 0
Grant $
County Match: $
Current Vear Portion: $
Account Codes:
ADDITIONAL COSTS
Estimated Ongoing Costs. $_/yr. For:
(Not included in dotlar value above) (e.g., maintenance, utilities, ianltorial, salaries. etc.)
CONTRACT REVIEW
Division Director
Changes Date Out
Date tn Needed /' / Rev:iewem ~ ,
5!MVb YesDNoD I~ ~~~sfvf[)b
~. :::~::~ ~~ ~;~~
/" \ /I ..-
-=:;J>!ou YesD NoD _'#7);!'L-L.~~~L~>~ ':c '5 coe,
Risk Management
O. M\!purChaSing
County Attorney
Comments:
j
INTERLOCAL AGREEMENT
Islamorada, Village ofIslands
This is an lnterlocal Agreement between Monroe County, Florida, a political subdivision
of tbe State of Florida (the "County") and Islamorada, Village of Isl ands, Florida, a municipal
corporation oftbe State of Florida (the "Village"), entered into this 16th day of May, 2006, (the
or this '"Agreement").
WHEREAS, pursuant to Chapter 97-348, Laws of Florida, the Village was incorporated
on December 31, 1997, and became operational in March, 2000; and
WHEREAS, pursuant to Section 9(8) of Chapter 97-348, Laws of Florida, the Village IS
entitled to receive a proportionate share of local option gas tax revenues collected in Monroe
County; and
WHEREAS, pur~uant to Section 336.025(4)(h), Florida Statutes,. the percentage of gas
lax revenues payable to the Village is based upon a statutory lane mile formula; and
WHEREAS, the parties desire to enter into this Agreement to specify the statutory
amounts that the Village is entitled to; now therefore,
THE PARTIES AGREE as follows:
Section 1.
This lnterlocal Agn:::(;ment shall apply to funding starting on July 1, 2006 to
June 30, 2009.
Section 2.
The State of Florida, Dcpmimcnt of Revenue is authorized to distribute
directly to the Village its statutory share of gas tux revenues.
Section 3.
The Village shall receive $294,500 in gas tax revenues for each fiscal year
during the term of this Agreement.
Section 4.
In the event that an audit for transportation expenditures spec.ified by
Chapter 33G, Florida Statutes, changes the actual lane miles in the Village, the parties shall
mutually agree to review thc audit and adjust the percentage of revenues due to the Village.
Section 5.
Pursuant to Section 163.01, Florida Statutes, the parties are authorized to
enter into the lnterlocal Agreement.
Section 6.
This Interlocal Agreement will take effect when cetiifled copies are filed
with the Clerk of the Circuit Court and the Village Clerk.
IN WITNESS WHEREOF the parties hereto have executed this Interloeal Agreement the
day and year written below.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairman
DATE:
(SEAL)
ATTEST:
ISLAMORADA, VILLAGE OF ISLANDS,
FLORIDA
By
By
Village Clerk
Mayor
DATE:
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
')'- 3 '06
IN1f!ERI.QC~L AGR!f-M~If\9T
Vfllage of Islands
This is an Interlocal Agreement between Monroe County, Florida, a political subdivision
of the State of Florida (the "County") and Islamorada, Village of Islands, Florida, a municipal
corporation of the State of Florida (the "Village"), entered jnto this 16th day of
June, 2004, (the or this "Agreement").
WHEREAS, pursuant to Chapter 97-348, Laws of Florida, the Village was incorporated
on December 31, 1997, and became operational in March of 2000; and
WHEREAS, pursuant to Section 9(8) of Chapter 97-348, Laws of Florida, the Village is
entitled to receive a proportionate share of local option gas tax revenues collected in Monroe
County; and
WHEREAS, pursuant to Section 336.025(4)(b), Florida Statutes, the percentage of gas
tax revenues payable to the Village has been historically based upon a statutory lane mile
formula; and
WHEREAS, the parties desire to enter into this Agreement to specify the statutory
amounts that the Village is entitled to; now therefore,
THE PARTIES AGREE as follows:
Section 1.
This Interlocal Agreement shall apply to funding starting on October 1,
2004 and extending through June 3D, 2006.
Section 2.
The State of Florida, Department of Revenue is authorized to distribute
directly to the City its statutory share of gas tax revenues.
Section 3.
The Village shall receive $294,500 in gas tax revenues for each fiscal
year tn the period from October 1, 2004 through June 30, 2006.
Section 4.
Distributions of the local option gas tax to the Village In later fiscal years
shall be pursuant to a formula set forth in an Interlocal Agreement entered Into under Section
336.025(3)(a)(1), Florida Statutes.
~,
In the event that an audit if the lane miles for transportation
expenditures specified by Chapter 336, Florida Statutes, changes the actual lane miles in the
Village, the parties shall mutually agree to review tile audit and adjust the percentage of
revenues due the Village.
Section 6.
Pursuant to Section 163.01, Florida Statutes, the parties are authorized
to enter into the Interlocal Agreement.
Section 7.
This Interlocal Agreement will take effect when certified copies are filed
with the Clerk of the Circuit Court and the City Clerk.
IN WITNESS WHEREOF the parties hereto have executed this Interlocal Agreement the
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY.~ (~
Mayor/Chairman
(SEAL)
ATTEST:
ISLAMORADA, VILLAGE OF ISLANDS
FLORIDA
Byi3~~ ~'?
lage Clerk
By ~~
Mayor
MONROE COUNTY ATTORNEY
~~v~~:
JOHN R. COLLINS
Date OC~/~j hJ:r_N~.:.______ ..~
;x ~ ".."
~ C> ..... ;:::
:::0 ,b '-
0('")-' ~ fTJ
..., r-- c:;,
;:.-"
(""). . I\.) '1'1
o\;>'
~53":.> \0 C)
. c .::0
~\;>r- .. ~
:<:--I;:r ::m=
'"'1" :J> 9 f"rl
,-. l;) c:
~ n, 0
0 ::u-
s-- c