FY2009 2014 05/20/2009
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DA TE:
July 20,2009
TO:
Suzanne A. Hutton
County Attorney
A TTN:
FROM:
Kathy M Peters
Executive Assista~
Pamela G. HancW.C.
Atta(:hed are the Local Option Gas Tax Sharing Interlocal Agreement and the
Supplemental Gas Tax Interlocal Agreement between Monroe County and Islamorada, Village of
Islands approved at the May 20, 2009 and the July 15, 2009 (respectively) meetings of the Board
of County Commissioners. Also attached, for informational purposes only, is the Villages
Resolution "No. 09-06-42 approving same.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any qu~~stions please feel free to contact our office.
cc: Finance
File
Exhibit A
~ A):CAL OP1r~<GN GAS T A~ SHAl;uI~~
g~TER~OCz~bGRE~~ENT
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TH1ib~ li'1TERJLOCAJL hJ:;REEJ\1U~N1f is lnade and entered into on the O' .....-~ dc'-y of
\fV\t'A..~ ) 2009 between rVEQJi.mroe Cal!1inty (l'i;.11"tJ.NROE C01U.NT'Y)~ a political su.brlivi~ion of
the State1SfFlorida, whose address is 1100 Simonton Street, Key V"est, Florida 33040, AND the
CUy of Key West (KEY '-'l1lrl:ST), a municipal corporation of the State of Flolida and whose
address is 525 Angela Street, P. O. Box 1409, Key \Nest, Florida; th.e City of Key CoIG:ihY &ancnt
(KEY cor:...,ONY BEACH), a lnunicipal corporation of the State of Florida and whose address is P.
O. Box 510141, 600 West Ocean Dlive, Key Colony Beach, Florida 33051; the City of Layton
(LAYTON), a municipaJ corporation of the State of Florida and whose address is P. Q. Box 778,
Long Key, Florida 33001; the City of Marathon (MARATHON)9 a municipal corporation of the
State of Florida and whose address is 9805 Overseas Highway, Marathon, Florida 33050; and the
city of Islamorada, Tbe Village of Islands (ISLAMORADA), a municipal corporation of the State
of Florida and whose address is 87000 Overseas Highway, IslalTIOrada, Florida 33036; and
V\'IIEREAS, pursuant to Florida Statutes Section 336.025, the county and municipalities
may enter into an interlocal agreenlent setting forth a distribution fonnula for dividing the entire
proceeds of the tax among county government and all eligible municipalities within the county; and
.
WHEREAS, on May 24, 1999, MONROE COUNTY renewed the Interlocal Agreement
for the di~bution 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 unposed by
COUNTY under Ordinance No. 016-1989, as mnended by County Ordinance No. 026-1989, and as
authorized by Sec. 336.025, Florida Statutes, among the COUNTY and the cities of KEY WEST,
l{Ey COLONY BEACH and LAYTON, according to the following percentages: Monroe
County - 60.5%, City of ,Key West - 36.50/0, City of Key Colony.Beach .. 2.0%, and City of
Layton.. 1.0%; ,
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 anew city is based upon a statutory lane mile fOlmula; and
WHEREAS, on June 16, 2004, MONROE COUNTY entered into an individual Interlocal
Agreement between MONROE COUNTY and the city of ISLAMORADA, VaLAGE OF
ISLANDS for distribution of $294,500 local option gas tax revenues for each fiscal year during
the term o{tlte Agreement; and
WHEREAS, on May 16, 2006 the parties agreed to extend the Agreement under the same
tenns, with the present Agreement due to expire June 30, 2009; and
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WJJIEJP.~EA~, on June 16, 20fJ4: M.Ol'lROE ()iJKJNTY entereAl into ~m individual IlJterlocal
Agreem_enf" berNeen MONROE COUNTY and the city of r~ARA Tr~fpN for dist1ibutiOll of
$273, 73338 l~~~~. ~pti6JI1l. g"a~ tax lleVelli.\!Jes fmt each lem: during the teml of the l\.greelnent; and
VVHlERlEAS, the parties agreed to extend the Agreement under the same terms on IViay 16,
2006, with the present Af,rreenlent due to expire Jlule 30) 2009;
WHlER1~.AS, the State of Florida, DepartInent of Revenue is authorized to distribute directly
to the COITNTY and to the named municipalities their statutory share of the gas tax revenues; and
'''HEREAS, pursuant to Chapter 336.025(S)(a), Florida Statutes, COUNTY nlust notity 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 Agreenlent
by July 1,2009; and
WHEREAS, it is the desire of all parties to extend the existing Interlocal Agreelnents under
the present tenns and conditions in each individual Interlocal Agreement under one cOlnbined
Interlocal Agreement; and
WHEREAS, 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 ofF.S. 336.025(1)(b), and
the parties desire to set forth in this agreement their agreement as to the distribution of any proceeds
from the proposed additional tax that may result fron1 an ordinance passed at that May 20th meeting;
now, therefbre
IN CONSIDERATION OF the lllutual prOluises and conditions contained herein, the
PARTIES agree as follows:
SECTION 1. TERM.
Pw-suant 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 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 luade by the Administration
Commission.
SECTION 2. DISTRIBUTION OF REVENUES.
The State of Flotida, 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. 2~ REVENUE SHARE ALLOCA nON
A. 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,
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2
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4/14/09 SH
Florida Statutes, shaH be distributed a,fnong thl~ COtn,iTY and the narned cities based on pd.or
ctistributions, as s~t f~\11h helovv': "
fl.l-f ~trill}ilt~mll
City of Key W e~(
CAtty of K{ey COIOlllY B.eadn
CfiQr of lLaytGn
City of M:~uAathun
IslamoR"ad~, VOI
r~onroe Commt)r
36.50/0 ex tine taxes disb:ibut~d
2.0%t of tRllq;; taxe~ dlistrib~J!ted
1.c)&/0 o~' lthe taxes distJribVJIt~rl
$273,733.38 per anTllum
$294,500.00 per &nnum
Remamder
B. All parties agree the proceeds of any of the additional five cent local option gas tax currently
proposed to be imposed by County Ordinance, as is set for public hearing at the May 20, 2009
County Comtnission regularly scheduled meeting, and as authorized by Sec. 336.025, Florida
Statutes, upon approval of an ordinance levying SaIne, shall be distributed among the COUNTI and
the named cities based on the percentages set forth below: .
City of Key West
City of Key Colony Beach
City of Layton
City of Marathon
Islamorada, VOl
Monroe County
TOTAL
DISTRIBUTION PERCENTAGE
31.21 %
1.090/0
0.260/0
13.17%
9.060/0
45.21 %
100.00%
SECTION 4. ADJUSTMENT
No adjusbnent to the distributions specified in Section 3 above shall be made except in a ,vritten
document executed by all parties affected by the adjustment.
SECTION 5. AUTHORIZATION
Pursuant to Section 163.02, Florida Statutes, the parties are authotlzed to enter into this InterlocaI
Agreement.
SECTION 6. TERMINATION. This Agreement nlay be tenninated prior to the June 30, 2014)
date only in writing and by agreement of the parties hereto. '
SECTION 7. ASSIGNMENT. No Party may assign this Agreement or assign or subcontract any
of its obligations under this Agreement without the approval of the governing boards of the other
Parties. All the obligations of this Agreement will extend to and bind the legal representatives)
suc~sors and assigns of the all Parties.
SECTION'8~ SUBORDINATION. This Agreement is subordinate to the laws and regulations of
the United States, and the State of Florida, whether in effect on conunencement of this agreement or
adopted afler that date.
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8lF~crjrliOl'! 9, cGO\lJ;~H'NnN(;: h..J~. VV~/'VYI"HUlE. 'fhts Agree"11ent is gavelnt~d h)' the Jaws of the
StF:.te~ofFl~rida and the United St~tcs, ,. Venue for any dispute forising nI.l.der this p.$'Jeernent Inust be
in [VimU'Of; County, Flotida. In the event of any litigatioh, HIe prevailing part,Y is entitled to a
reaxonable aHOllley's fee and costr.
SECTION 11.0. NOTliCE8. Notices in this Agreelnent, unless othelWise specified, rnust be sent by
certified nlail to the tbllowing:
COUNTY:
County Ad.ministrator ROlnan Gastesi
1100 Simonton Street
Key West, FL 33040
&
County Attorney Suzanne Hutton
P. O. Box 1026
K.eyWest, FL 33041
fillY 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 33.051
MARATHON:
~ayor Mike Cinque
9805 Overseas Highway
Marathon, FL 33050
&
City Attorney Jimmy Morales
ISO W. Flagler Street, Suite 2200
Miami, FL 33130
ISLAMORAD1\~
l\1:ayor Don Achcnherg
81990 Overseas llighway~ 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, ~sq
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 Jim Scholl &
City Attorney Shawn Smith
P. O. Box 1409
ICeyWest, FL 33041
SECTION 11. FULL UNDERSTANDING. This Agreement is the palties' fmal nlutual
understanding regarding the subject matter hereof It replaces any earlier agreements or
understandings, whether written or oral. TIlis Agreement cannot be modified or replaced except by
another wlitten 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 Oliginal, all of which taken together
shall constitute one and the same instrument and any of the parties hereto may execute tins
Agreement~)' signing any such counterpart.
SECTION 13.
EFFECTIVE DATE
This Interlocal Agreement will take effect on July 1, 2009.
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4
IN WITNESS \-\'HEREOF, each party has caused this Agreement to be executed by its
duly authorized representative.
(SEAL)
A TTEST: DANNY L. KOLHAGE, CLEIU(
~-7 ~
BY:U~
Deputy Clerk
By
(SEAJ~ )
ATTEST:
(SEAL)
ATTEST:
By:
Clerk
(SEAL)
ATTEST:
By:
Clerk
(SEAL)
A TTESl':
BY:~'
(SEAL)
ArrEST:
By:
BOARD OF COUNTY COM1\1ISSIONERS
OF M~ROE COUNTY, FLORIDA
BY:~~.e. t)~~~
Mayor/Chairman fC
t50S-rt
~- l> \oG r=
ISLAMORADA, VILLAGE ~~Ni ~
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. ,..... 0 .." ~
. r- ..... -.,
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CITY OF KEY WEST
By:
Mayor
CITY OF KEY COLONY BEACH
By:
Mayor
By:
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Y\O\' ~ s. AI') J..~r'i:oOY\.. -
CITY OF LAYTON
CITY OF MARATHON
By:
Mayor
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Local 9ptiOD Gas Tax ILA
4/14/09 SH