5. 07/01/2009 to 07/01/2014
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
May 26,2009
TO:
Suzanne A. Hutton
County Attorney
FROM:
Kathy M Peters
Executive Assistant
Pamela G. Hanc(fjt:c.
A TTN:
At the May 20, 2009, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a Local Option G~s Tax Sharing Interlocal Agreement
between Monroe County and the City of Key West, City ~f Key Colony Beach, City of Layton,
City of Marathon and Islamorada, Village of Islands.
Enclosed are copies of the IA with th~ty of Key West and the City of Layton for your
handling. Should you have any questions please feel free to contact our office.
cc: Finance
File V"
RESOLUTION NO. 09-1108
A RESOLUTION OF THE CITY C~ISSION OF THE
CITY OF KEY WEST, FLORIDA, iAUTHORIZING THE
EXECUTION OF THE ATTACHED INT.RLOCAL AGREEMENT
BETWEEN THE CITY OF KEY WEST~ MONROE COUNTY,
MARATHON, LAYTON, KEY COLPNY BEACH AND
ISLAMORADA, VILLAGE OF THE I$LANDS REGARDING
DISTRIBUTION OF THE LOCAL O~TION FUEL TAX;
PROVIDING FOR AN EFFECTIVE DATE
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST,
FLORIDA, AS FOLLOWS:
Section 1:
That the attached Interlocal Agreement is
hereby approved.
Section 2: That this Resolution shall go into effect
immediately upon its passage and adoption and authentication by the
signature of the presiding officer and the Clerk of the Commission.
Passed and adopted by the City Commission at a meeting held
this 5th day of May 2009.
Authenticated by the presiding officer and Clerk of the
Commission on
May 6
, 2009
Filed with the Clerk
~6~
MORGAN\ HERSON, MAYOR
LOCAL OPTION GAS TAX SHARING
INTERLOCAL AG~EEMENT
THIS INTERLOCAL AGREEMENT is made and entered into on the ~ day of
May , 2009 between Monroe County (MONROE COUNTY), a political subdivision of
the State of Florida, whose address is 1100 Simonton St~eet, 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 9805 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
wm:REAS, pursuant to Florida Statutes Section 336.025, the county and municipalities
may enter into an interlocal agreement setting forth a distribution formula for dividing the entire
proceeds of the tax among county government and all eligible municipalities within the county; and
WH}:REAS, on May 24, 1999, MONROE COUNTY renewed the Interlocal Agreement
for the distribution of local option gas tax revenues with the cities of KEY WEST, KEY COLONY
BEACH and LAYTON 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 COL()NY BEACH and LAYTON, according to the following percentages: Monroe
County - 60.5 %, City of Key West - 36.5 %, City of Key Colony Beach - 2.0 %, and City of
Layton - 1.0 % ;
wm:REAS, 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
WHE:REAS, 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
WHE:REAS, 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 lane mile formula; and
WHEREAS, on June 16, 2004, MONROE COUNTY entered into an individual Interlocal
Agreement between MONROE COUNTY and the city of ISLAMORADA, VILLAGE OF
ISLANDS for distribution of $294,500 local option gas hllX revenues for each fiscal year during
the term of the Agreement; and
WHEREAS, on May 16, 2006 the parties agreed tp extend the Agreement under the same
terms, with the present Agreement due to expire June 30, 2d09; and
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Local Option Gas Tax ILA
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WHEREAS, on June 16,2004, MONROE COUNTY entered into an individual Interlocal
Agreement between MONROE COUNTY and the city of MARATHON for distribution of
$273,733.38 local option gas tax revenues for each year during the term of the Agreement; and
WH}:::REAS, the parties agreed to extend the Agrttement under the same terms on May 16,
2006, with the present Agreement due to expire June 30, 2<1>09;
WH}:::REAS, 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
WH}:::REAS, 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
wm:REAS, it is the desire of all parties to extend the existing Interlocal Agreements under
the present terms and conditions in each individual Interlocal Agreement under one combined
Interlocal Agreement; and
wm:REAS, the COUNTY has scheduled and noticed for May 20, 2009, a public hearing
for an additional five-cent local option gas tax pursuant to the authority of F.S. 336.025(1)(b), and
the parties dt:~sire to set forth in this agreement their agreement as to the distribution of any proceeds
from the proposed additional tax that may result from an ordinance passed at that May 20th meeting;
now, therefore
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 A.greement shall be effective beginning July 1, 2009 and continue in force for five years.
If a new agreement has not been adopted by July 1, 2014, the terms of this agreement shall continue
to be effective until such time as either: A) a new interlocal agreement is in place; or B) an
agreement with respect to the statutory formula specified in Florida Statute section 336.025 is
reached, or a determination regarding such formula for distribution is made by the Administration
Commission.
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
A. All parties agree the proceeds of the six cent local optiorjl gas tax, imposed by County Ordinance
No. 016-1989, as amended by County Ordinance No. 026-1989, and as authorized by Sec. 336.025,
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2
Local Option Gas Tax ILA
4/14/09 SH
Florida Statutes, shall be distributed among the COUNTY and the named cities based on prior
distributions, as set forth below:
City of Key West
City of Key Colony Beach
City of Layton
City of Marathon
Islamorada, VOl
Monroe County
Distribution
36.5 % of the taxes distributed
2.0 % of the taxes distributed
1.0 % of the taxes distributed
$273,733.38 per annum
$294,500.00 per annum
Remainder
B. All parties agree the proceeds of any of the additional five cent local option gas tax currently
proposed to be imposed by County Ordinance, as is set for public hearing at the May 20, 2009
County Conlmission regularly scheduled meeting, and flS authorized by Sec. 336.025, Florida
Statutes, upon approval of an ordinance levying same. shan be distributed among the COUNTY and
the named cities based on the percentages set forth below:
City of KeyW est
City of Key Colony Beach
City of Layton
City of Marathon
Islamorada, VOl
Monroe County
TOTAL
SECTION 4. ADJUSTMENT
DISTRIBUTION PF+RCENTAGE
31.21 %
1.09%
0.26 %
13.17 %
9.06%
45.21 %
100.00%
No adjustment to the distributions specified in Section 3 above shall be made except in a written
document executed by all parties affected by the adjustment.
SECTION 5. AUTHORIZATION
Pursuant to Section 163.02, Florida Statutes, the parties are authorized to enter into this Interlocal
Agreement.
SECTION 6. TERMINATION. This Agreement may be terminated prior to the June 30, 2014,
date only in writing and by agreement of the parties hereto.
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.
SECTION 8. SUBORDINATION. This Agreement is sttbordinate to the laws and regulations of
the United States, and the State of Florida, whether in effect on commencement of this agreement or
adopted after that date.
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4/14/09 SH
Page 3 of 5
3
SECTION 9. GOVERNING LA WSNENUE. 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 10. 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 AttOlney 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
PO 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
ISLAMORAQa:
Mayor Don Achenberg
81990 Overseas Highway, 2nd Floor
P. O. Box 568
Islamorada, FL 33036
&
Nina Boniske, Village Attorney
2665 S. Bayshore Drive, Sutie 420
Miami, FL 33133
LAYTON:
Mr. Dirk Smits, Esq
City Attorney for Layton
81990 Overseas Highway, Third Floor
Islamorada, FL 33036
&
Mayor Norman Anderson
PO Box 778
Long Key, FL 33001
KEY WEST:
City Manager ~im Scholl &
City Attorney Shawn Smith
P. O. Box 1409
Key West, FL 33041
SECTION 11. 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.
SECTION 12. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any
number of counterparts, each of which shall be regarded as an original, all of which taken together
shall constitute one and the same instrument and any of the parties hereto may execute this
Agreement by signing any such counterpart.
SECTION 13.
EFFECTIVE DATE
This Interlocal Agreement will take effect on July 1, 2009.
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Local Option Gas Tax ILA
4/14/09 SH
4
IN~iT~,WHEREOF, each party has caused this Agreement to be executed by its
duly aut~~{f~{~i~tfltive.
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By: li~;;>/
D puty Clerk
BO~, D OF ,COUNTY COMMISSIONERS
OF M ROE COUNTY, FLORIDA
By , "...~. >n~,~
Mayor/Chairman
(SEAL)
ATTEST:
ISLAMORADA, VILLAGE OF ISLANDS
By
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Clerk
Mayor
CITY OF KEY
(SEAL)
ATTEST:
CITY OF KEY COLONY BEACH
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ATTEST:
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ATTEST:
CITY OF MARATHON
By:
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