Item Q2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 20 (Key Largo)
Division: County Attorney
Bulk Item: Yes ~
No
Department:
Suzanne Hutton
Staff Contact Person/Phone #:_ X3470
AGENDA ITEM WORDING: Approval of Gas Tax Sharing Interlocal Agreement for local option
gas tax.
ITEM BACKGROUND: The County has had separate gas tax sharing agreements with
municipalities, one with Key West which also covered Key Colony Beach and Layton, and one each
with Islamorada and Marathon. Those ILAs expire at the end of June. Mter meeting with
representatives of the municipalities, it was agreed to share the gas tax in the manner shown in
contract, rather than risk what each entity's share would be under the statutory default provisions.
PREVIOUS RELEVANT BOCC ACTION:
Approval of ILAs for sharing local option gas tax with all municipalities and sharing constitutional gas
tax with all but the City of Key West, which still has streets and a bridge in its boundaries for which it
has not assumed responsibility from County. Most recently, the BOCC voted to terminate the
constitutional gas tax sharing as of the end of FY 2009.
CONTRACT/AGREEMENT CHANGES:
The contract provides for sharing the 6 local option cents gas tax currently, in effect in the same manner
as the previous sharing. For any and all of the additional 5 cents local option gas tax for which a public
hearing is set for the same day as this item, the sharing will be in accord with current population ratios,
as the only objective criteria on which some accord could be reached.
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
INDIRECT COST:
BUDGETED: Yes _No
COST TO COUNTY: SOURCE OF FUNDS: Gas Tax
(depends on result of public hearing)
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
APPROVED BY: County Atty~MB!Purchasing _ Risk Management
DOCUMENTATION: Included Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 1/09
LOCAL OPTION GAS TAX SHMUNG
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is made and entered into on the _ day of
,2009 between Monroe County (MONROE 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 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
WHEREAS, 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
WHEREAS, 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 COLONY 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%;
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 baseo 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 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
Page 1 of 5
1
Local Option Gas Tax ILA
4/14/09 SH
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
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 Interlocal Agreements under
the present terms and conditions in each individual lnterlocal Agreement under one combined
lnterlocal 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 of F.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 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 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 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 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 prior
distributions, as set forth below:
Page 2 of 5
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% ofthe 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 Commission regularly scheduled meeting, and as authorized by Sec. 336.025, Florida
Statutes, upon approval of an ordinance levying same, shall be distributed among the COUNTY 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
SECTION 4. ADJUSTMENT
DISTRIBUTION PERCENTAGE
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 lnterlocal
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 subordinate 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.
Local Option Gas Tax ILA
Page 3 of5
3
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 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
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
ISLAMORADA:
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 Jim 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.
Local Option Gas Tax ILA
4/14/09 SH
Page 4 of 5
4
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
MOh!ROE COUNTY ATTORNEY Mayor/Chairman
AP'-:10VED AS T~ F_~U-
'LANNE /!;. HUTTON
1P4.dY:YS~OMI>A, VILLAGE OF ISLANDS
By:
Deputy Clerk
(SEAL)
ATTEST:
By
By
Clerk
Mayor
(SEAL)
ATTEST:
CITY OF KEY WEST
By:
By:
Clerk
Mayor
(SEAL)
ATTEST:
CITY OF KEY COLONY BEACH
By:
By:
Clerk
Mayor
(SEAL)
ATTEST:
CITY OF LAYTON
By:
By:
Clerk
Mayor
(SEAL)
ATTEST:
CITY OF MARATHON
By:
By:
Clerk
Mayor
Page 5 of 5
5
Local Option Gas Tax lLA
4/14/09 SH
U ICIPAL
I PUT
Page 1 of1
Peters-Katherine
From: Shawn D. Smith [sdsmith@keywestcity.com]
Sent: Tuesday, May 05, 2009 8:55 PM
To: Hutton-Suzanne; ken.fields@islamorada.f1.us; Ron Sutton; bumettc@cLmarathon.f1.us; dsmits@f1orida-law.com;
Jim Scholl; jmorales@swmwas.com; LArango@wsh-law.com; mayor@keycolonybeach.net; NBoniske;
twlaw@beJlsouth.net
Cc: Peters-Katherine
Subject: RE: Revision - very minor
The Key West City Commission unanimously approved the revised a~eement this evening. I will transmit an
executed agreement to the County Attorney. >-"-".
Thank you all for your efforts on this agreement
Shawn
Shawn D. Smith
Key West City Attorney
525 Angela Street
Key West, Florida 33040
(305) 809-3770 telephone
(305) 809-3771 facsimile
sdsmith@keywestcity.com
From: Hutton-Suzanne <Hutton-Suzanne@MonroeCounty-FL.Gov>
Sent: Tue,4/28/2009 12:12pm
To: ken.fields@islamorada.f1.us; City Clerk - Key Colony Beach <cityclerk@keycolonybeach.net>;
burnettc@ci.marathon.fl.us; dsmits@f1orida-law.com; Jim Scholl <jschol1@keywestcity.com> ;
jmorales@swmwas.com; LArango@wsh-law.com; mayor@keycolonybeach.net; NBomske <NBoniske@wsh-
law.com> ; Shawn D. Smith <sdsmith@keywestcity.com> ; twlaw@bellsouth.net
Cc: Peters-Katherine <Peters- Katherine@monroecounty-fl.gov>
Subject: Revision - very minor
If it is not too late, Islamorada has requested additional language in 3.8 to reflect if and when an ordinance passing additional
gas tax gets passed. I inserted:
!!pon approval of an ordinance levying same,
-
If that is OK with everyone, please substitute this version for what was previously sent. And I am taking no more
requests. We have to reach an end. In fact:, I am not too sure as to whether Key West, which has this on their
agenda next week, can make that change at this late date.
S~.1'1. ~&tttoo
County Attorney
Monroe County
PO Box 1 026
Key West, FI. 33041-1026
305-292-3470
5/6/2009
Page 1 of 1
Peters-Katherine
From:
Sent:
To:
Jimmy Morales [JMorales@stearnsweaver.com]
Tuesday, April 28, 2009 12:50 PM
Hutton-Suzanne; ken.fields@islamorada.fl.us; Ron Sutton; burnettc@ci.marathon.fl.us; dsmits@f1orida-law.com;
jscholl@keywestcity.com; LArango@wsh-law.com; mayor@keycolonybeach.net; NBoniske;
sdsm ith@keywestcity.com; twlaw@bellsouth.net
Peters-Katherine
Cc:
Subject: RE: Revision - very minor
Works for me. Thanks
From: Hutton-Suzanne [mailto:Hutton-Suzanne@MonroeCounty-FL.Gov]
Sent: Tuesday, April 28, 2009 12:13 PM
To: ken.fields@islamoradaJI.us; City Clerk - Key Colony Beach; burnettc@ci.marathonJl.us; dsmits@f1orida-law.com;
jscholl@keywestcity.com; Jimmy Morales; LArango@wsh-law.com; mayor@keycolonybeach.net; NBoniske;
sdsmith@keywestcity.com; twlaw@bellsouth.net
Cc: Peters-Katherine
Subject: Revision - very minor
If it is not too late, Islamorada has requested additional language in 3.B to reflect if and when an ordinance passing additional
gas tax gets passed. I inserted:
!!non annroval of an ordinance levying same,
If that is OK with everyone, please substitute this version for what was previously sent. And I am taking no more
requests. We have to reach an end. In fac~ I am not too sure as to whether Key West, which has this on their
agenda next week, can make that change at this late date.
Sl/f(fflNe /I. ~<<t'l'.M
County Attorney
Monroe County
PO Box 1026
Key West, FI. 33041-1026
305-292-3470
Notice: My em ail address has changed. The domain name has changed from swmwas.com tostearnsweaver.com. Please
make a note of it.
CONFIDENTIALITY NOTICE: The information contained in this E-mail message is attorney privileged and confidential information intended only for the use of the
individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination. distribution or copy of this
communication is strictly prohibited. If you have received this communication in error. please contact the sender by reply E-mail and destroy all copies of the original
message. Thanl< you.
CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S. Treasury Department Regulations. we are now required to advise you that. unless
otherwise expressly indicated. any federal tax advice contained in this communication, including any attachments. is not intended or written by us to be used, and
cannot be used. by anyone for the purpose of avoiding federal tax penalties that may be imposed by the federal government or for promoting. marketing or
recommending to another party any tax-related matters addressed herein.
5/6/2009
Hutton-Suzanne
From:
Sent:
To:
Subject:
Mayor Ron Sutton [mayor@keycolonybeach.net]
Friday, April 17, 2009 9:50 AM
Hutton-Suzanne
gas tax
Suzanne,
I,still would like to see the constitutional tax come back, this ILA has been in place and
worked for years.If the county needs the 1 to 5 cent tax they need to do it, but with a 5
cent local option gas tax Key Colony Beach comes up $11,754.00 short. I would hope that
the county would sign a separate ILA with us to get us equal to where we were with the
constitutional tax if dose not happen.
Thank You
Ron Sutton
1
5u?JOlfi€.- v'
~
~"~
DEPARTMENT
OF REVENUE
Refunds and Distribution
Revenue Accounting Sub Process
P.O. Box 6609
Tallahassee,FL 32399
E.oowvo Dlrot.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"_
cou1'frY 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 Sel'lllces - NIHlr;y KeJ/ey. DlrocIor elnformalloo 5emces - Tony Powell. Dlrectar
(850) 487-1150
www.myflorlda.com/dor
FAX; (650) 921-1171
525 Angela Street
(305) 809-3888
FAX 809-3886
jschoU@lreywestcily.com
THE CITY OF KEY WEST
P.o. BOX ;1.409
KEY WEST, FL 33041-1409
Mr. Roman Gestesi
County Administrator
1100 Simonton Street - Suite 205
Key West, Florida 33040
Re: Gas Tax.
County Attorney Letter. dated January 29. 2009. sameO subject
Dear Roman,
The City of Key West has scheduled a public workshop on March. 10. 2009 with the City
Commission to discuss and formulate a fInal City position with regard to the intentions of
the County of Monroe as outlined in the subject letter. Your reques~ to provide input no
later that February 27;2009 is made difficult since input at this date would only be Staff
level recommendations, yet to be validated by the Commission. The final
position/recommendations of the March 10, 2009 wotkshop will be submitted to the
County no later than March 13. 2009. prior to the BOCC March iSm public hearing.
In an effort to at least give you some indication of Staff 8 thinking, we have summarized
some initial though.t:s below. Remember. tmal recommendations and/or positions will be
forthcoming.
LIto 5 Cent Local Option Gas Tax. - A recommendation to the BOCC of City
Commission support for the imposition of a 1 to 5 cent Local option gas tax will
be forthcoming after the workshop.
2. Constitutional Gas Tax - As we cummtly do not share in th~ distribution the City
of Key West reserves the right to participate in any future distributions and to
further be a participant in any discussions. concerning the distribution $ereof.
3. 6 Cent Local Option Gas Tax - City of Key West reserves the right to participate
in any discussions concerning the current of future distribution thereof. and
further puts forth the position that any new ILA most include a distribution
percentage equal to or greater than the cum:nt 36.5 percent of total County
collections as defined in Florida Statues.
,.
Key to the Caribbean - Average yearly temperature 770 F.
Should you have any questions, please contact Assistant City Managcr Mark F"migan at
305-809~3877 .
Sincerely,
~~~
City Manager
~
Key to the Caribbean - Average yearly temperature 770 F.
Isfamorad:a,
Yilfage of Isfarufs
:
I-
I
February 27, 2009
VIA EMAIL AND FIRST CLASS MAIL
Suzanne Hutton, Esq.
Office of the County Attorney
1111 12th Street, Suite 408
Key West~ FL 33041-1409
RE: Local Option Fuel Tax and Constitutional Fuel Tax
Dear Ms. Hutton:
Islamorada, Village of Islands recognizes that with the current economic conditions, Monroe
County will be considering additional local option gas taxes and the constitutional fuel tax.
We are in receipt ofyolU' letter dated January 29J 2009 in which you request input from the
municipalities regarding several fuel tax issues. At its meeting of February 26, 2009, the
lslamorada Village Council considered the questions posed in your letter and unanimously
agreed that we inform you of our stance on the issues that you will be considering during your
March 18 meeting.
The current Interlocal Agreement e'ILA") providing for Monroe County to share the existing
local option fuel tax with Islamorada expires J1U1e 30, 2009. Islamorada supports entering into
a new ILA with the County based on the current formula (hme miles). Our staff and Village
Attorney are prepared to work with you to prepare such an !LA.
Regarding the proposed additional local option fuel tax (1 to 5 cents), the Village supports the
sharing of any additional proceeds utilizing the formula in the existing ILA. We would
suggest that these extra proceeds be incoIporated into any new ILA proposed to the Village.
Finally, in response to the County's contemplation of discontinuing sharing the constitutional
fuel tax with the municipalities, Islamorada, Village of Islands is firmly opposed. That tax is
generated in the municipalities as well as in unincorporated Monroe County, and should be
shared equitably. We contlnue to support the existing ILA as written and executed.
We look forward to working with you on this issue.
Sin&~
Cathi Hill
Mayor
cc: . Kenneth Fields, Village Manager
Nina Boniske~ Village Attorney
81990 Overseas Highway, Second Floor, Islamorada, FL . P. O. Box 568,1sIamorada, FL 33036
Office 305-664-6400 . Fax 305-664-6464 ' www.idamorada.O.us
CITY OF MARATHON, FLORIDA
9805 Overseas Highway, Marathon, Florida 33050
Phone: (305) 743-0033 Fax: (305) 743-3667
www.cLmarathon.fI.us
February 27~ 2009
Suzanne Hutton~ Esq.
Office of the County Attorney
1111 12th Street, Suite 408
Key West, FL 33041-1409
RE: Gas Tax.
Dear Ms. Hutton:
The City of Marathon is in receipt of your letter dated January 29,2009, wherein
you request input from the City regarding several issues related to the local
option gas tax. Earlier this week, the City Coweil of the City of Marathon
considered the questions posed in your letter and unanimously authorized me to
send you this letter setting forth our input on said questions.
With respect to the existing local option gas tax which is shared by Monroe
County pursuant to individuallLA~s with the municipalities~ the City of
Marathon supports having a new~ single ILA with all th~ municipalities and the
County~ based on the lane miles and bridges in each jurisdiction (which is the
current formula). Our City Attorney is prepared to work with you to craft and
negotiate such an ILA.
With respect to the contemplation of the County discontinuing sharing the
constitutional gas tax with the municipalities~ the City of Marathon is firmly
opposed to any such move. That tax is also generated in both the cities and
unincorporated Monroe County, and should be shared accordingly. We continue
to support the existing ILA with the sharing formula contained therein.
The City Council did not take a position on an additional 5wcent local option gas
tax.
Please do not hesitate to contact me if you have any questions.
Sincerely,
Cc: Roman Gastesi
Mayor George Neugent
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:
!
[...t./
Risk Managcment_
4J "
(;T^- ___________
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_ ____ ________
MONR~!;!)\90U~HY ATTORNEY
APPROVED AS TO FORM:
J " ~k' . " "ro.,,..
'-??<'----?<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
Mayor/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::' ~
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: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 ... .......... ........ ..' ........... ..... ....... ....................... ....... ........ 60.5%
City of Key West ..................................................................................... 36.5%
City of Key Colony Beach ...................................................................... 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
-'" 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 June 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...(-"...,.-l-<?-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 desire to enter 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 flmding 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~~
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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.....c.e~..-.----
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
~. :::~::~ ~~ ~;~~
/" \ II/
~p/[>u 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 Decem bel' 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 tax revenues.
Section 3.
The Village shall receive $294,500 in gas tax revenues 1'01' 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 Interlocal 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~_:.______ ._~
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BOARD OF' COUNTY COMM1SSIONElt~
AGENfiA ITEM SUMI\f.A.RY
rvI~eting Date:_ M~y _40iI(e;y l.ar~Q.,l
Division~ _Counjy AUQ[!l~____
Bulk Item: Yes _)[_ No
Department: ______~ . ...___
Suzanne IIutton
Staff Contact Per.son/Phone #:_ X34'l~.L_.
~ ~ .~
AGENDA ITEM \1l0RDING: Approv~l of Gas Tax Sharing InterlocaI Agreement for local option
gas tax.
ITEM BAC.KGROUND: The County has had separate gas tax sharing agreements with
municipalitie8, one T\Vith Key West which also covered Key Colony Beach and Layton, and one each
with Islamorada and Marathon. Those lIAs expire at the end of June. After meeting with
representatives of the municipalities, it was agreed to share the gas tax in the manner shown in
contract, rather than risk what each entity's share would be under the statutory default provisions.
PREVIOUS RELEVANT BOCC ACTION:
Approval of ILAs for sharing local option gas tax with all municipalities and sharing constitutional gas
tax with all but the City of Key West, which still has streets and a bridge in its boundaries for which it
has not assumed responsibility from County. Most recently, the BOCC voted to tenninate the
constitutional gas tax sharing as of the end of FY 2009.
CONTRACT/AGREEMENT CHANGES:
The contract provides for sharing the 6 local option cents gas tax currently in effect in the same manner
as the previous sharing. For 'any and all of the additiona15 cents local option gas tax for which a public
hearing is set for the same day as this item, the sharing will be in accord with current population ratios,
as the only objective criteria on which some accord could be reached.
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
INDIRECf COST:
BUDGETED: Yes _No
COST TO COUNTY: SOURCE OF FUNDS: Gas Tax
(depends on result of public hearing)
REVENUE PRODUCING: Yes2L No AMOUNTPERMONTH_ Year
APPROVED BY: County Atty~MB!Purchasing _ Risk Management_
DOCUMENTATION:
,
Included
Not Required_
Dls~osmON:
I~_~
AGENDA ITEM # \J{
~ ~16ljf ~ -
lDrrad-uJ pqe.o a-~I.j
Revised 1109
}}uge ]
Pt1te~'s.,Kat~\st~l'e
F fi.Hn ~
Peters KatJ,cli fie
Tuesday, May 19,2009 11:10 AM
County Commissioners and Aides; County f.\,drninistr2tor; Frederic;k-Debbie; Cyr-Conrd~; Belle Desantis
Revised Agnnda Flack. Up: County Attorney Item Q-2 Re: LOC~~f Option Gas Tax Sharirlfj interlocal
Agreement ( marked REVISED III 5/19/09 KMP)
Attachmentv-: Q2 App of itA Gas "fax Sharing (comb;nl~d) REVISED III 5 1909 KMP.pdf
Sent:
To:
Su bject:
Good morning - attached please find revised agenda back-up for County Attorney agenda item Q-2 regarding the Local
Option Gas Tax Sharing Inter local Agreement (marked REViSED III 5/19/09 KMP). The changes consist of the replacement
of Pages 2 and 4 of the Interlocal Agreement with the correct pages which reflect the following:
-
Bottom of Page 2:
Deletion of the following repetitive language - this language appears at the to~f page 3:
"Florida Statutes, shall be distributed among the COUNTY and the named cities based on prior
distributions, as set forth below:"
Top of Page 4:
Inserting the following language at the top of page 4 which was omitted by pagination upon insertion of additional
language on page 3:
"SECTION 9. GOVERNING LA WSNENUE. This Agreement is governed by the laws of the
State of Florida and the TJnited States. Venue for any dispute arising under this Agreement must be"
Hard copies of the revisf~d agenda back-up will be distributed at the meeting. I apologize for any inconvenience
caused. Thank you.
Kathy Peters for:
Suzanne A. Hutton
County Attorney
5/19/2009
weAL oP'rfQ):; GAS 'l':'~ SR1AJ<d]'j~!f
INJ'ERLOCAI.I AGmJ\lEN'J:
THL~1 n~TERLOCA1", AGREEMENT is made and enfere,d into on the _~"U diiyof
____ ___, 2009 betvveen Monroe CouDtj-' (~40NROE COUNTY)~ a political surJt1ivision of
the State of Florida, whose~ address is 1100 Sitnonton Street, Key V/cst, Florida 33040, AND the
City of Key' \\T est (KEY "'EST), a municipal corporation of the State of Florida fJnd whose
address !S 525 Angela Street, P. O. Box 1409, Key West, :Florida; the City of Key Col9ny Beach
(KEY COLClNY BEACH)~ a municipal corpo~'ation of the State of Florida and whose address is P.
o. Box S10141~ 600 West Ocean Drive, Key C')Iony Beach, Florida 33051; the City of Layton
(LAYTON), a municipal corporation of the St.ate of Florida and who8e address is P. O. Box 778,
Long leey, Florida 33001; tbe 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 Islam orad a, The Village oflslaBds (ISLAMORADA), a municipal corporation of the State
of Florida and whose address is 87000 Overseas Highway, Islamorada, Florida 33036; and
WHEREAS~ 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 nmnicipalities within the county; and
WHEREAS, on May 24? 1999, MONROE COUNTY renewed the Interloca1 Agreement
for the distn"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 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 ofDY WEST,
KEY COLONY BEACH aDd LAYTON, aceording to the following pereentages: Monroe
County - 60.5%, City of Key West - 36.5%, City of Key Colony Bea~b - 2.0%, and City of
LaytoD - 1.0o~; . .
WHEREAS, on May 16, 2006 the parties agreed to extend the Agreement under the same
terms, with the preseitt Agreement due to expire June 30, 2009; and
WHEREAS, the city of ISLAM ORAD A, VILLAGE OF ISLANDS, became incorporated
on December 31, 1997 and became operational in Match, 2000 and entitled to receive a
proportionate share of local option gas tax revenues oollected 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. 336.02S(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 ~r distribution of 5294,500 local option gas tax revenues for each fiscal year during
the term of tlie Agreement; and
WHEREAS~ on May 16, 2006 the parties agreed to extend the Agreement wder the same
terms, with the present Agreement due to expire June 30, 2009; and
Local Option Gas Tax ILA
Page 1 of5
~/ff~~REAS~ on June 16;. 2004~ lVI(}NROli.~ COUNTY entered h:i~'J au indh,jduaI Intc:rioeal
/1.greemcni between MONR.OE eOUNTY and th:: city of 1l'wURA11It)!.J fot (:Hstriht!tI~n of
S273,1:s1.3B" loeal opti,OD gas ti!.-r;: revenues for eae~] :'ear during the terni of the Agreement; ar.~d
V1H.~~REAS, the partit:,~ agreed to extend th(;: Agreement under the same terms on ~/iay ! 6:
2006~ with the present Agreen1ent due to expire loot: 30~ 2009;
WI[ljj;REAS~ the State ofFiorida, Departmcnr ofRevellue is authorized to distribute directly
to the COUNTY and to the nauted municipalities tLeir statutory share of the gas tax revenue~: and
wm~REAS, pursuant to Chapter 336.025(5)(a), Florida Statutes~ COUNTY must notifY the
State of Flori~ Department of Revenue~ in writing, of COUNTY's intent to let these Agreelnents
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
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. 336.02S(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 from an ordinance passed at that May 20" meeting;
now, therefore
IN CONSIDERATION OF the mutual promises and conditions contained herein, the
PARTIES agree as follows:.
SECTION l~ 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 for five years.
If a new agreement has not been adopted by July 1, 2014t the terms oftbis 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
reac~ 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 partiej"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,
Local Option Gas Tax ILA
Page 20fS
,U~" shall be distribt.tted mnOl1~
distr,;.)'~.ti:)n4; a~'. set fortt bolow:
COUh!TY and tbt;}ilam("J ~;ities bar;,zd Oil pr;vi'
CitJr of Key' \Vest
City of Key Colony Be2ch
City of Layt'tJ n
City QfMar,idhoD
Islamorada, VOl
Momroe County
Distribution
36..5% of the taxes distritJ.d.~d
2..0%, of the taxes distrnt'~lted
IJ)~, of the taxes distributed
$213,733.38 per annum
$294,500.00 per annum
Remainder
B. An parties agree the proceeds of any of the additional five cent local option gas tax currently
proposed to be imposed by CoW1ty Ordinance, as is set for public hearing at the May 20, 2009
County Conunission regularly scheduled meeting, and as 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 Key West
City of Key Colony Beacb
City of Layton
City of Marathon
Islamorada, VOl
Monroe County
TOTAL
SECTION 4. ADJUSTMENT
DISTRIBUTION PERCENTAGE
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. AUmORIZATION
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 "I. 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 subordinate to the laws and regulations of
the United Siates, and the State of Florida, whether in effect on commencement of this agreement or
adopted a.ftet that date.
Local Option Gas Tax ILA
Page 3 ofS
SECTI9N 9', G.OVERr'TING LA \VS/Vll:NfJE. l11is ,greemeni i~ gO\,(~laed by the iawb of
st;ie~Flo;i[cla and the -United S!Rte~" Venue for ail)' (iisppte arising under .A.brreenlent nmst b~
in M::Jnroe COWlty, Florid~, In the ~vellt of any litigaHon, the prewailinB. 1';arty is enHtled te ~
reas(rnable a1t(irney1>g fee and cost~'"
SECTION 1~ NOTICES. Notices in this Agreelnent., unless otherwise gpecified, 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
PO Box 510141
Key Colony :Beach, FL 330,51
MARATHON:
Mayor Mike Cinque
9805 Overseas Highway
Marathon, FL 33050
&
City Attorney Jimmy Morales
150 W. Flagler Street, Suite 2200
Miami, FL 33130
ISLAMOR~\D--A:
Mayor Don Achenberg
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 tayton
81990 Overseas Highway; Third Floor
lslamorada, 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
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 tconstitute one and the same instmment and any of the parties hereto may execute this
Agreement by signing any such counterpart.
;/ ....
SECTION J3.
EFFECTIVE DATE
This Interlocal Agreement will take effect on July 1, 2009.
Local Option Gas Tax ILA
Page 4 of5
IN 'Wln.~EtSS '\i\' tI~REOF~ eacr!
~uthOlt;:ed repre:-:cvJative.
bas C~,.HSerl tb:fP; l:.~rree:men~ to b,,,, (;:i.ecuted by' its duh
~ ~. d
(SEAL)
ATTEST: :rJA1,T~Y L. KOLHAGE~ CLERK
BOARU OF COUNTY COIViMISSIONERS
OF l\10N""ROE COUNTY5' ~"lAORIDA
By: .-_
~"~.=>r<
IJcputy Clerk
By: _.~'"'__
MONR~}E COUNTY ATTORNEY Mayor/Cbain.nan
~Ae ~OVED AS TO.J ~ FO~W~;/ . /
~-.-.-::f!2~
ANNE A:1fUlTON
~:;...j 4~~E{"fS~QMP{\' VILLAGE OF ISLANDS
(SEAL)
ATTEST:
By
By
Clerk
Mayor
(SEAL)
ATTEST:
CITY OF KEY WEST
By:
By:
Clerk
Mayor
(SEAL)
AITEST:
CITY OF KEY COLONY BEACH
By:
By:
Clerk
Mayor
(SEAL)
ATIEST:
CITY OF LAYTON
By:
By:
Mayor
Clerk
(SE{\L)
A1TEST:
CITY OF MARATHON
By:
Clerk
By:
Mayor
Local Option Gas Tax !LA
4/14109 SH
Page 5 of 5
5
MUNICIP AL
INPUT
. ,
"I ....,
i1Ctgf; i
Pete rs-Kather i ne
__ ._..__~_-__.. _"'_~_~'_ "----.-..____..--.-.........~..........-.~.---.-~ ~ _.....--._..'~.............-.~?,~...--._-....._ .~w_..,....,,____.,.....--............-.,......
..._.,.. ~,_"",~,_~_,~'__T"'--' ..,~_. ,,__.,........._..........--.- .".._......,.,.-..----.-~-.--~' _~..~ - - .__"..,.~- .,~-- ~"---- ;~--~---- _..~...--.-r....." -"-.- ,~~
From: Shawn D. Smith {sdsmith@keywestcity.com]
Sent: Tuesday, May OS, 20098:55 PM
To: Huttol"l-Suzann,e; ken.fields{iY~5tamorada.fI,u5; Ron SutLon; bumettc@cLm~r~thon.fl.us; dsmits@flc:ida-haw.c,Om;
Jim Scholl; jmorales@swmwas.com; LArango@wsh,~law.com; mayor@keyc,:>lonybeach.net; NBonk'il<:e;
twlaw@bellsouth.net
Cc: Peters-Katherine
Subject: RE: Revision - very minor
'The Key West City Commission unanimously approved the revised ~nt this evening. I will tnmsmit an
executed agreement to the County Attorney. -""
Thank you all for your efforts on this agreement
Shawn
Shawn D. Smith
Key West City Attorney
525 Angela Street
Key West, Florida 33040
(305) 809-3770 telephone
(305) 809-3771 facsimile
sdsmith@keywestcity.com
From: Hutton-Suzanne <Hutton_Suzanne@MonroeCounty..FL.Gov>
Sent: Tue, 4/2812009 12: 12pm
To: ken.fields@islamorada.tl.us ; City Clerk - Key Colony Beach <cityclerk@k.eycolonybeach.net> ;
burnettc@CLmaratbon.t1.us ; dsmits@tlorida.-law.com ; Jim Scholl <jscholl@keywestcity.com> ;
jmoraleS@Swmwas.com ; LArango@wsh-Jaw.com ; mayot@keycolonybeach.net ; NBoniske <NBonislre@wsh-
law.com> ; Shawn D. Smith <sdsmith@keywestcity.com> ; twlaW@bellsouth.net
Ce: Peters-Katherine <Peters-Katherine@monroecounty-fl.gov>
Subject: Revision - very minor
If it is not too late. Islamorada has requested additional language in 3.9 to reflect if and when an ordinance passing additional
gas taX gets passed. I inserted:
upon approval of an ordinance levyina same..
-
If that is OK with everyone, please substitute this version for what was previously sent. And I am taking no more
requests. We have to reach an end. In fact, I am not too sure as to whether Key West, which has this on their
agenda next week, can make that change at this late date.
s.u-J'l. ~
County Attomey
Monroe County
PO Box 1026 'I . ,
Key West. Fl. 33041-1026
305-292-3470
5/612009
1 of I
Peters" Kather=n~
"."....-..~_____._____...___,. '-'-..__,.....v_.........____.'._~K.._O__.-.,_
~.__ n.._....-."._--..'_.,.__...._~"___.__:.....,'_. ......-..-...--.--.."'"-----.....,--~.,..,........~-.;.......~-'~~-.----"~. .<.~.~_.---~---..-.-- .-.--.--.----....
Sent:
To:
From: Jimmy Moralel3 IJMorales@stearnsweaver.com]
Tuesday, April 28, 200912:50 PM
H utton~Suzanne; ken.fields@isJRmorada.fl.us; Ron Sutton; burnettc@cLmarethon.fl.us; dsmits@fJoffda-low.com;
jscholl@keywestcity.com; LAranr;o@wsh-law.com; mayor@keycolonybeach.net; NBoniske;
,,: sdsmith@keywestcity.com; twia''tIv@beJlsouth,net
Cc: Peters-Katheri1ne
Subject: RE: Revision .. very minor
Works for me. Thanks
__.....".4._'~...._.___.~_.._._.....__.._,......__........_..,.~_. _._...__.._._...__._......_,P_._....-..._,...._...,.-......-.~~......._~..,.-..................".._.----------.~_....---_.,._,....- .--.....,.-.---...-..----..--................-.........--.....-.~.....~..... ....................,..'......................"".......
From: Hutton-Suzanne [mallto:Hutton-Suzanne@MonroeCounty-FL.Gov]
Sent: Tuesday, April 28, 2009 12:13 PM
To: ken.flelds@lslamorada.fI.USi City Clerk - Key Colony Beach; burnettc@d.marathon.ftus; dsmits@ftorida-Iaw.com;
jschoJI@keywestcity.com; Jimmy Morales; LArango@wsh-law.com; mayor@keycolonybeach.net; NBonlske;
sdsmith@keywestcity.com; twlaw@bellsouth.net
Cc: Peters-Katherine
SUbject: RevisIon - very minor
If it is not too late, Islamorada has requested additional language in 3.8 to reflect if and when an ordinance passing additional
gas tax gets passed. I inserted:
upon ~val of an ordlnance levying same.
-
If that is OK with everyone, please substitute this version for what was previously sent. And I am taking no more
requests. We have to reach an end. In fact, I am not too sure as to whether Key West, which has this on their
agenda next week, can make that change at this late date.
~A.~
County Attorney
Monroe County
PO Box 1026
Key West. Fl. 33041.1026
305-292-3470
Notice: My emaH address, has changed. The domain name has changed from $wmwa&.com to stearnsweaver.com. Please
make a note of it.
CONFIDENTiAliTY NOTICE: The Information contained in this E~mai message is attorney privileged and confidential information intended only for the use of the
IndMdual(s) named above. If the reader of this Mes,age Is not the Intended recipient. you are hereby notified that any dissemination, distribution or oopy of this
communication is strictly prohibited. If you have rec::elved this communle;atlon In error. please contact the sender by reply E-mail and destroy all copies of the original
message. Thank you.
CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S. Treasury Department Regulations. w. ate now required to advise you that. unless
otherwise expressly indicated. any federal tax advice contained in this communication. InclUding any attachments. is not intended or written by us to be used. and
cannot be used. by anyone for the purpose of avoiding federol tax penalties that may be imposed by the federal government or for promoting, marketlng or
reoommendlng to another party any tax-related mQtters addressed herein.
':J.t.
5/612009
Hutton"SU:lanflt)
~ -_..~.. ~~~__~':~/ ~~.:B~~;~'........'
..-'....,~:Ja.~t'.~_. .~'"~~........'P''''''....-~ ,~...
~ron.i;
Sent:
To:
Subject:
Mayor Ron S' itton [mayor~!<~c~J~';'I)'beach.n~:tl
Friday, April 1'f, 20099:50 AM
Hutton.Suz~nne
gas tax
Suzanne,
r...:s"till woulci. li.ke to see the constitutional ta): comE: back, this 1 LA has been in p.l.ace and
worked for years;.If the county needs the 1 to 5 cent tax they need to do i.t, but with a 5
cent local opti.on gas tax Key Colony Beach comes up $11,754.00 short. I would hope that
the county would sign a separate I~4 with us to get us equal to where we were with the
constitutional t~ax if dose not happen.
Thank You
Ron Sutton
1
4' . .,.' )".. /
, {"'ct.. tL" 1ii "../
-,. .~!. t ~' t".r"
..",.!:,.l (J""'..... -
..
DEPM1'MEN'i
OF REVENut.
Refunds and Distribution
Revenue Accounting Seb Process
P.O. Box 6609
Tallahassee. FL 32399
E;.:llc'dIVO DltwOf
LJH &hfwtm
March 17, 2009
~t.CEJ\rsD
~ 2. 3 'l(Oa
Sonny McCoy, Mayor
Monrae ColllDty Board of Commissioners
1100 Simonton Street, Suite 205
Key West, F'L 33040
I I r .at...
CO\Jl~T'{ f';.: ~
Dear Mayor:
After a recent review of our files it has been detennined that Monroe County's interlocal
agreements with lslwnorada and the City of Marathon expire on JUlie 30,2009. It is necessary to notify
the Florida Department of Revenue, in writing, of Monroe County's in~nt to let this agreement expire or
extend it. If the Commission plans to extend the .reemen~ it is essential that a new 0110 be adopted by
July 1.2009 and a copy be provided the Florida Department of)tevenue also by July It 2009 as mandated
by Chapter :J36.02S(SXa), Florida Statutes.
Mayor McCoy.. if you have any questions about this matter~ please feol free to contact me at (850)
487-1152.
Si~uL _
Bruce H. WiUiams
Finance and Accounting Director Dr
Revenue AlCCOUl\ting Sub-Process
BHWIbI
cc: Monroe County Pile
~ ::, Chid S\.IIPOJ\ Enforcemenl- Ann comn. tJIIeGIOr. o....a Tax Ad..ItIa." - JJm fVIMI. Oncfar
~ r- OveI1Ight-........ H:A_ml. 0ncI0t'. AdnIl.....1IIIe SINIC8I- Nency KeJIeV. 0.... 'nll:Hmallon S8moas - To..,. PolINI4 Oftt:lor
(850) 481-1150
www.myflarldll.camldor
FAX: (850) 921.1171
525 Angela Street
(30=:;) 809~3888
FAX 809-3886
j5~It.'lli @1cP.ywestcity.com
THE CITY OF KEY W~ST
P.O. BOX .1409
KEY WEST, FL 33041..140S
Mr. Roman Gestesi
County Administtator
1100 SimOD1DnStreet- Suite 20S
Key Wes~ Florida 33040
Re: Gas Tax
County Attomey Letter, dated J8IlU8tY 29, 2009, ~ subject
Dear R~
The City oflCey West has scbeduled a public woikshop on Mareb.1O, 2009 with tile Qty
Commission to discuss and formulate a final City position. with regard 10 tbe intentiODS of
the County of Momoe as outlined in the subject letter.. Your mq~ to provide input no
la1er that February 27;,2009 is made diffieplt since input at tJdI date would only be Staff
lovel recommendations. yet 10 be wtid.., by the ()-tmm1uio.o. The fiDal
position/recommendations of the Match 10. 2009 wodcshop wiU be submitted to the
County no later than March 13,. 2009, prlorm the BOce Mateh lSrhpublic hearing.
In an effort 1D at least give you some indication of Staff's tIlinlcin& we _'YO 8ummmzecJ
some inidal tbonghla below. R.em~mbet.. final ~atlons and/or positions will be
forthcoming.
L 1 to 5 Cent Local Option Gas Tax - A recommMldation to the. BOCC of City
Commission support for the imposition of a 1 to s cent local option gas 1ax will
be forthc0111ia& after the wodtshop.
2. ConstIrodon"{ Gas Tax - As we c:um:otly do JJ.Ot shat8 in. _ distnoDtion the City
of Key West :reserves 1110 right to partici.p$te in any fuIme dislrlbutions and to
further be a participant .in any disCUS8ions.co~i1lg 1he distribution. jJemof.
3. 6 Calt Local Option Gas Tax ~ City of Key West reaerves the rigb.t to padicipate
in any discussions conceming the curreol of foture distdmtion thereof. aDd
furthCl" puts f011:h the position thai any now JLA moat made a distribution
perceDtage equal to or areatcr than the curreol 36.5 percent of tctal County
collectiOllS as defined in Florlda Statues.
Key to the CarIbbean - Average yearly temperature 770 F.
Should. you have any questions, please:; contact Assistant City I'ffanager Mark Finigan a\
305~8{)9...3877 .
Sincet'~~ly I
);' ~.:.~t :. .;'
". '. .." '. , "" .'
.: SchOll ":.
City M:aoager
Key to the CarIbbean - Average yearly temperature 770 F.
Isfamoratfa,
')1itfaee of IsfandS
,
I
i-
!
February 27t 2009
VIA BMAIL AND FIRST CLASS MAIL
Suzannc~ Hutto~ Esq.
Office of the County Attomey
1111121b Street, Suite 408
Key West, FL 33041-1409
RB: Local Option Fuel Tax and Constitutional Fuel Tax
Dear M,. Hutton:
Islamorada, Village of Islands recognizes that with the current economie conditions, Monroe
County <will be considering additionalloca1 option gas taxes and the constit.utional :IiIel tax.
We are in receipt of your letter dated January 29,2009 in which you request input from the
municipalities regarding sevcra11be1 tax iSS\lC& At its mooting of Februal)'" 26., 2009, the
Islamorada Village Council considered the questions posed in your letter and unanimously
agreed that we iofonn you of our stance on the issues that you will be considering during your
Maroh 1.8 meeting.
The current Interloca1 A,gR:emcnt ("ILA:IS) providing for Monroe County to sham the existing
local option fuel tax with Islamorada expires June 30, 2009. Islamorada supports entering into
a. new lLA with the County based on the cnaentfonnula (lane miles). Our staff and Village
Attomcy are pxeparcd to work with you to prepue such an IIA
Regarding 1he proposed additionallooal option fuel tax (1 to 5 cents), the Village supports die
sharing of any additional proceeds utilizing the fomwla in the existing lLA. We would
suggest that these ex1m proceeds be incoxporated into any new lLA proposed to the Village.
Finally, in response to the County's contemplation of discnntiftni"g Sharing the constitutional
:fuel tax with the municipalities, Islamorada, Village of Islands is firmly opposed. That tax is
go.u.emtod in the municipalities as -well as in UDineorpor&ted Monroe County, and should be
shared equitably. We continue to support the existing !LA as written and executed.
We look forward to working with you on this issue.
I
.1
I
~
i
?~
Catbi Bin
Mayor
'I cc:
'Kenneth Fields, Village Manager
NiDaBoniske. VillagcAttomcy
81990 o..s Hisbwa~ Stcoad Floor. Tslamorada. FL · R 0. Dol S68,lsJamorlda,FL33036
Oftice 3OS~ · Fax 3OS-664-6464 · w'f'lVddamondLO.as
errv OF MARA"r'-ION, FLORIDA.
=~~;- ~- .,. '-':..:~::::::.......~
9805 Overseas Highway. Marathon, Florida 33050
Phone: (305) 743-0033 Fax: (SG5) 743-36f)7
www.cLmarathon.ft.us
February 27 ~ 2009
Suzanne Hutton~ Esq.
Office of the County Attorney
1111 12th Stree~ Suite 408
Key West, FL 33041-1409
RB: Gas Tax.
Dear Ms. Hutton:
The C~ of Marathon is in receipt of your letter dated January 29, 2009. wherein
you request input from the City regarding several issues related to the local
option gas tax. Barlier this week~ the Ci1;y Council of the City ofMara1hon
considered the questions posed in your letter and unanimously authorized me to
send you this letter setting forth our input on said questions.
With respect to the existing local option gas tax which is shared by Monroe
County pursuant to individuallLA's with the municipalities. the City of
Marathon supports having a new, single ll.,A with all tbp mW1iclpalities and the
County, ~ on the lane miles and bridges in each jurisdiction (which is the
current formula). Our City Attomey is prepared to work with you to craft and
negotiate such an U,A.
With respect to the contemplation of the County discontinuing sharing the
constitutional gas tax with the municipalities, the City of Marathon is firmly
opposed to any such move.. That tax is also generated in bo1h the cities and
unincorporated Monroe Co~, and should be shared accordingly. We continue
to support the existing ItA with the sharing formula contained therein.
The City Council did not take a position on an additional S..eent local option gas
tax.
Please do not hesitate to contact me if you have any questions.
Cc: Roman Gastesi
Mayor George Neugent
niLh\Rn OF COVNT'V ~_:Of\.1MjR?-IONrtns
AGEf'!DA tT1~lVi SU1\1f'."kARY
Meetwg Date: rv1~Y...19~Slil~_ _.
Divisi.on: ..131blic WorkL...___
Bulk lte.n: Yes .._~_
No
Department Adminisu'ation
Stuff' Contact Person: ,J3eth Leffi-__ _ ___
;;lJf~~~,"---_."'----"..""I
AGENDA ITEM WORDING.: Approval of InJerJocal Agreement with the City of Key \Vest
extending the: local option gas tax distribution with the Cities of Key West, Key Colony Beacb~ and
Layton.
ITEM BACKGROUND: The currenl agreement needs to be renewed and filed with the State by
July 1) 2006.
PREVIO'US RELEVANT BOCC ACTION: This intcrlocal agreement was approved by the BOCC
in 1999, and then extended in 2000 and 2001.
CONTRAC'r/AGREEMENT CHANGES: Extend agreement until June 30, 2009.
STAFF RE<~OMMENDATIONS: Approval.
TOTAL COST:
-0-
BUDGETED: Yes _ No
.cOST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCINC: Yes
No
AMOUNT PER MONTH_ Year_
APl)ROVEI> BY: County Ally, _ OMB/Purchasing _ Risk Management_
DIVISION DIU.ECTOR APPROVAL:
-/
.e....t./
t2-
..........
Dent Pierce
DOCUMENrTATION:
Included ~
Not Required_
DISPOSITION:
AGENDA ITEM # __ C, w ?
Rcvised 2/05.
MONROr: COUi-.JTY BOARD OF COUNTY COMMISSIONEi::'S
__.~br'...'=-~'=----- -~ ",-"... CONTRACT sUM1::iAHY
'CJ
Effec!~ve Date: 7-01.2006
Expira!inn Date: 6~30-2009
Contract #___-.~-- ~__
Contrac:! with: IfE. City of K~_VYest_._ _.-. __--
Contract Purpose/Description: extends distribution of tOGa I option OdS tax revenues.
Contract Manager:
Beth Leta
(Name)
~fiJL
(Ext.)
PW Mamt. I #1
(Department) I Courier Stop
enda Deadline: 5/212006
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: $_Jyr. For:
{Not included in dollar value above} (e.G., maintenance. utilities, lanitoriaf, safaries. etc.)
CONTRACT REVIEW
Changes
Of,te In Needed
Division Director S 1,/lJfo. YesD NoD
Risk M8lnagernenl if J.-Olp VesO NoJa"
O.M~purehaSing -M~ YesD Noif
County.Attorney S / J-j06 YesO NoB
Date Out
<:
Comments:
EXTENSION (Hi' .{\J.\J INTERLOC'/tL A-GREEl\1EN1:
City of Key WeSt
This extension of an InterIocall\greetnent is ent.ered into on this the 16th (hy of . M:u'~,
2006, between Iv1onroe County.. Florida. a political subdivision of the State: of Florida and the City
of Key West, Florida, a municipality organized under tbe laws of the State of Florida.
WHEREAS, on May 24, 1999, the parties entered into all fnlerlocal Agreement regarding
the distribution of the six cent local option gas tax; and
Wfn~REAS~ on June 20, 2001, the patties extended that agreell1ent until July], 2006; and
WHEREAS, the parties desire to further extend that agreement; now, therefore.
IN CONSIDERATION of the mutual promises and benefits set fOlth beJowt the parties
agree as f01l0\V"8:
1. The lnterlocal 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 ~Uached to this
extension agreement) is hereby extended until July 1 ~ 2009.
IN '/\fITNESS WHEREOF the parties hereto have set their handn 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
Mayor/Chairman
Deputy Clerk
(SEAL)
A TrEST:
CITY OF KEY WEST. FLORIDA
By"
City Clerk
By ._.
MONRt!1~OUNTY ATTORNEY
APPROVED AS TO FORM:
..L--.,....~L- /:,>' 5-'''~ /" V"
\.V su~ ~~~'.;';GRIMSr~ - ".,J--~~
ASSISTANT COUNTY ATTORNEY
6<
This ext",nsion of on interloco! Clgreement is entered into on this the J-d
day of June.. 2001. by Monroe COtiIlty. Q political subdivision of the State ",f Florida, and
the. City ,of Key West, a municipality organized under the laws of the State of Florida.
FXTENSION Q[~~CA~:,AGREEMe~
Ciiy of Key West
WHEREAS, on May 24, 1999 the parties enter'e.d into an inter-local agreement
regarding the distribution of the SiX cent local option gas tox;
WHEREAS, the parties desire to extend that agreement; now, therefore
IN CONSIDERA nON of the mutual promises and benefits set forth below, the
parties C1gree os follows:
1. The. inferlocat agreement concerning the distribution of the six cent Iocol
option gas tttX dated May 24, 1999, a copy of which is attached to this extenSion
agreement, is hereby extended until July 1, 2006.
WIlNESS WHEREOF the parties hove. set their hands and seals the dClY and
e written.
BOARD OF COUNTY COMMISSIONERS
~:1.FLr+;?<-cr
By 0 - ~
Mayor/Chairperson
CITY OF KEY WeST,
A
By
JdiakwgD.stox+
S'1:Z Wd 92 tlOr to
nuo:)]}] ~O:~ ..
HOf..ltOI; Cf"~,""L;r Cle t'lc~ I fi n'd to: i.: 1
r-:XTEN5ION OF_~ ~~N INTERLOCAtfl,~REEME~\lT
-f;/
This ex'tet15ion of an interlocal agreement is entered into on this the .2dL,.:.~.rI.
day of July, 2000, by Monroe County, a politica' subdivision of the State of florida, nnd
the City of Key West t a municipality organized under the taws of the State of Florida.
WHEREAS, on May 24, 1999 the parties entered into an interlocal agreement
regarding the distribution of the si)-:' cent local option gas tax;
WHERE AS, 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 geLs tax dated Mfro/ 24, 1999, Q copy of which is attached to this extension
agreemerlt, is hereby extended until July 1, 2001.
WITNESS WHEREOF the parties hove set their hands and senls the day and
ve written. .
(SEAL)
A ttest~
~fk~k~
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY f FL.ORIDA
By cl'~-F.ML~
Mayor/Chairperson
~
~ ~
.::Q-:r::
o;:-t:r:
,.,.,~""<
$:}",-
-no
~g;o.:=:
CITY OF KEY WEST,
A
s .....
a. ;:::
asf;J
, . '""r)
..... 0
:... :::0
.:r ~ ~
.1:.-a U!II. rt1
;;;:'00
l'jdiakwgClotcuc
8M:
R T
D4TE - -
lIiIf!i:LOCAl AGREEMENT
ThfS Inferlocol agreemeni made and entered into by cnd between J.!\ONROE
COUNTY, a politico! subdivision of the ~iate of Florida. u{~d the CITY OF KE'Y WEST, a
municipality organized under the tows of the Stal'e of Florida, on this 241h day of May, 1999,
under the authority of Sec. 163.01, F.S., the parties agree as foUows:
~:tion 1. The proceeds of the six cent locol option gas tax. imposed by County
OrdinanCle No. 016-1989, os amended by County Ordinance No', 026-1989. and as
authorized by Sec. 336.025, F.S.. shall be distributed among the County and the cities
accordin~;} to the following percentages:
Monroe Cou nty ... ............ ...... ............ ........... .-..................... .......... ........ 60.5%
City of Key West ..................................................................................... 36.5%
City of Key Colony Beach ...................................................................... 2.0%
City of Layton .......................n................................................................. 1.0%
~tion 2. This agreement sholl remain in effect until July 1, 2000.
~ction 3. This ~ agreement shall not take effect until approved by Monroe County
and the City of Key West and filed with the Circuit Court of Monroe County. Florida.
.. . iN' ESS WHEREOF the parties hereto, have executed this lnterlocal Agreement the
and y~ i above written.
~ '. l)
~ DAN . L KOlHAGE, Clerk
By q?J4Al~..)
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. F~RIDA \D .."
- 0 '" -
.. - ~ ~
~ '~'.",ftAt" ,.~~-:: 'r-
B or~
y 1'Ttp'- 14 .....,
MavorJCht!P:J~ (.II 0
c:: - -.. ;0
%~o :! :c
..... ("') l - fT1
CITY Of KEY WEST ~:; ~ ~
8ySj4~.~ ',q:Jt;$
City ~or
APPROVED AS TO fORM
B~'
D4~
(SEAL}
ATTEST: Clerk
By&4~
tart<
)iokwg~tox
BOARD OF COlJJ"rfY COJ\'llVUSSIONER.S
AGENDA iTEM SlJMf\1ARY
MEETING DATE: .J..1ay I 6~ 20.06
DIVlSIO?~: Public Works
BULK fTEM: Yes x No
DEPARTMENT: AdministI'atkm
AGENDA ITEM' WORDING: Approval of Interlocal Agreement with the City of
Marathon extending the local option gas tax distribution.
ITEM BACKGROUND: The current agl'ecmcnt needs to be renewed and filed with the
State b:y July 1, 2006.
PREVIOUS RELEVANT BOCC ACTION: On JUlle J 6~ 2004t the BaCe approved the
current agreement which expires on Junc 30. 2006.
CONTRACT! AGREEMENT CHANGES: Extend agreement until June 30. 2009.
STAFF RECOMMENDATION: Approval.
TOT AI.. COST: $
-0-
BUDGETED: Yes:
No:
COST TO COUNTY: $
REVENUE GENERATED: Yes No
APPROVED BY: County Atty.: OMBJPurchasing: Risk Management:
DIVISION DIRECTOR APPRO';:; {/!!r/ ~~-<.-. -
Dent Pierce
DOCUlvtENTATION: INCLUDED: x
-
NOT REQUIRED:
AGENDA ITEM #:
t2 ~ (c;
DISPOSITION:
MO\\JROE:. C.OUNTY BOARD OF CQ:JNTY eOi\flli.IUSSIONn:;,3
~,:,~-.;~~~~..-.~_-..",-
CONTRACT S'IM;XARY'~
· .........=.-. '~'-~..."".~.l
li
Effect\v0 Date: '"01..2006... '"
Expiiation Date: 6~30-20Q~
;.
Contract 'if________ ___
Cor,trac:t with: Itle City of M.~rathon "~.____.. __.~_,~_
Contract PurposelDescription' extends distribution ofJocal optio.n..gas tax revenues.
Contract Manager:
Bet!1 Lata _._.'_
(Name)
h' 4560 _
(Ext. )
PW Momt. ! _it1
(Department) f Courier Stop
Agenda Deadline: 512/2006
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: $_Iyr. For:
(Not included in dollar value above) (e.a.. maintenance. utilities, janitorial. salaries, etc.)
CONTRACT REVIEW
Risk Mal1agement
O.~./PurCha$in9
County Attorney
D~te In
S 1'''(0 p
'5,a.-o0
~
</~/,
Changes
Needed
YesD NoD
Date Out
Division Director
~Vi??J
~ 5/",.1" (,
~
YesD NokY" - ~'t3 Ck
vesO No~ _ _ . .. ~...4 '1~
YesO NoD ~r ~~~f' -1"'-.i~ct
I ..:#
Comments:
}NJ'ERLOCAL AGREEMENT
Cjty of Marathon
This is an Intcrlocal Agreement between Monroe County, Flol'ida~ 3 pOlitical subdivision
of the Stare ofF.lorida (the "County") and City of Jvlarathon, Florida, a municipal corporation of
the State of Florida (the "City")) entered into this 16lh day of Mav , 2006~ (the or this
" Agreement~').
WIIEREAS) pursuant to Chapter 99-427, Laws of Florida, the City was incorporated on
November 30, 1999, and became opet'ational in February 24~ 2000; and
WHEREAS, PUl'suant 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 snarting 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 uPo.o is based upon a statutory lane mile fOlmula; and
WHEREAS, the parties desire to enter into this Agreement to specify the statutory
amounts that the City is entitled to; now therefore,
THE PARTIES AGREE as follows:
Se:ction 1,
This lnterlocal Agreement shan apply to funding starting on JulyI, 2006 to
June 30~ 2009.
Se:ctiOll 2,
The State of Ji'lorida, Department of Revenue is authorized to diRtlibute
directly to the City its statutory share of gas tax revenues.
Se~tion _~
The Cily shaU receive $273~733.38 ill gas tax revenues l'Or each year
during lh<:l term of this Agreement.
" .~
~~;~~\;Lun..1:.
In the event that an audit 101' tran.sp;)rtfttion expenditli.re~~ specified by
Chapter :tk;,. Flodda Statutes, changes the actual Jane niil(~:1 in the City, the parties shall mutually
agree to n;v iew the audit and adjust the percentage of }\,;venuCs due to the C it)' .
.0,~ct~ Pursuant to Section 163.01, Florida Statutes, the parties frfe 2uthorized. to enter
into the lnterlocal Agreement.
Section 5.
This InterJocal Agt'eement 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
day and year written below.
(SEAL)
ArrEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
By
By
Mayor/Chairman
Deputy Clerk
DATE:
(SEA L)
ATTEST:
CITY OF MARATHON, FLORIDA
By
By
City Clerk
Mayor
DATE:
MONROE COUNTY ATTORNEY
'I APPROVED AS TO FORM:
. d??l'~l<~~ ",::J - "3 '.:) '"
&1 AN M. G IMSlEY
ASSIST,A,NT COUNTY ATTORNEY
l1\ITER,~ ,OC~ AGREEMf;r:IT
C!:ty' of Marathon
This is an Interlocal Agreement between Monroe County I Floridar a p:jUtical
subdivi!iion of th~ State of Florida (the ItCounty") and the City of fv'iarathont fforida, a
municipfal corporation of the State of Florida (the IlCityC;), entered into this 16tJ!... day
of June" 2004, (the or thIs "Agreement'").
'JVHEREAS, pursuant to Chapter 99~427, Laws of Florida, the City was
incorporated on, November 30, 1999, and became operational February 24, 2000;
and
\VHEREAS, 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
collectE!d in Monroe County starting July 1, 2000; and
\NHEREAS, pursuant to Section 336.025(4)(b)1 Florida Statutes, the percentage
of gas tax revenues pavable to a new city upon its first year 9f exIstence is based
upon a statutory tan~ mile formula; and
'NHEREAS, the parties desire to enter into this Agreement to spedfy the
statutory amounts that the City is entitled to for the term of this Agreement; now
therefore,
THE PARllES AGREE as follows:
:5ection 1.. This I nterloca I Agreement shall apply to funding starting July 1,
2004 b) June 30, 2006.
~Sectlon 2. The State of Florida, Department of Revenue is authorized to
distribute directly to the City Its statutory share of gas tax revenues.
~Sectlon 3. The city shall receive $273,733.38 In gas tax revenues for each
fiscal year during the term of this Agreement.
, "
;?~ctlg[L4. f.)istributk)!'1S of tIlt.: !oc~d option gas tax to the City in later Hs(:a!
'"'{ears shaH be pursuCint to a formula s€:t f()rth in an Interlocn! Agreement entered ~nto
under Section 33C.025(3)(a}(1)1 Florid(~ Statul-es.
;;ection 5. Pursuant to Sectkm 163.01, Florida statutesr the partlE':; are
authorized to enter into the Interlocat Agreement.
Section 6. 'fhis Interlocal Agreement wUl take effect when certIfied copies are
flied wlth the Clerk of the Circuit Court and the Oty Clerk.
hereto have executed this Interlocal
BOARD OF COUNTY COMMJSSIONERS
OF MONROE COUNTY, R..ORIDA
By ~ ('"---
Mayor/Chalnnan
~~;3[
,..,;) '.."
a ==
0 s::- r-
z "J> ; I"T1
:::Do:" C
Or'"
rn,," N ."
O' . C
on' \!) ::0
c:.:z;~
:z:. c. ~ ~
....n.. fT1
:<;-i~ 9 ("":
JOHN R, COLLINS .... (i') 0
r'" I"l 0 ?O
~NTY liJ'ltORNEV ~ C.I1 0
Date I) ~IJ
JlaCQMgasbtx04
nnAI-U) OF COUNTy COMMlSSbONEllS
AGENl)A IT~r,,1 H~JMMARY
fJEETING DATE: _:~~y 16,2006
DIVISJ(}r~: Public ~/ork!l
BULK ITEM: Yes x No
DEPARTMENT: AdulinistraLion
AGENDA ITEM WORDING: Approval of Interlocal Agreelnent witll Islamorada, Village
of Islands, Florida~ extending the Jocal option gas tax distribution.
ITEM BACKGROUND: TIle current agreement needs to be renewed al'ld filed with the
State by July 1,2006.
PREVJiOUS RELEVANT BaCC ACTION: On June 16,2004, the DOCe 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:
DIVISION DIRECTOR APPRO= {~~ C2J~ -
Dent Pierce
DOCUMbNTATJON: lNCLUOED: x
NOT REQUIRED:
AGENDA ITEM #:
~-/
DISPOSITION:
fiflONHOE COUNTY BOARD OF COUNTY COMMISSiONE~~S
~il ------.CONTRACr SUMMARY
Contract U_~___~~___
Contrac! with: ~19morada, }!Hlaae of Islands __"__~
~ ' .lldI~~ol~, '~H"':";fIt:..~~~;-
EffectivG Date: !.:PJ...ZQ06
Expiraiioil Date 6-30.20@
Contract Purpose/Description: extends distribution of IQcal ootion oas tax rev~nu~~.
Contract Manager:_
Beth Lata
(Name)
_4560_
(Ext. )
PW Mgmt. I fl:i
(Department) I Courier Stop
for soce meeting on Ma~ 16. 2006
enda Deadline: 512/2006
CONTRACT COSTS
Total D()llar Value of Contract: $
BudgetE!d? Yes 0 No 0
Grant $
County Match: $
Current Year Portion: $
Account Codes:
ADDITIONAL COSTS
Estimated Ongoing Costs~ $ ~/yr. For:
(Not included in dollar value abovB} (e.D.. maintenance. utilities. iSnltorial. salaries. etc.)
CONTRACT REVIEW
Risk M61nagement
o.M~purChaSing
County Attorney
Changes Date Out
D~te In Needed ./ / Re\liew~ ....
5/~o~ YesDNoO /~ p-'~Si'AlJb
?$h~ ::~~ ~~ 56~
/ ' 5~~
S:kJbv YesD NoD rA'-7?Lfll,.W1~~_ 'r. 'i '0('
tJ
Division Director
Comme:nts:
INTERLOCAL AGREEMEN1:
lslamorada; Village of [slands
This is an lnterlocal Agreement between Monroe County, Florida~ a political suhdivision
of the State of Florida (the UCounty') anu Islamorada, Village of IsJands., Flodd~ a municipal
~!).W cmff1Jh: ~0'JflF'hi_<<til!Bt: ~i\' eJ1lUe1!ml di ttlhis; n~fu." d'ay: 0{ ~ 2(0~ (~:
01' this <'Agreement').
\VHEREAS.. pursuant to Chapter 97~348, Laws of Florida., the Village was incorporated
on December 31, 1997, and became operational in March, 2000; and
vVT-JEREAS, 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
\VHEREAS., pu~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
'~1I1lIc JPIIIdlial~tD em8tJriilDlD 1IlbiS~. &tP~ 1llIBe~rs.411.4~.J
amounts that the Village is entitled to; now therefore,
THE PARTIES AGREE as follows:
This Interlocal Agreement shall apply to funding starting on Julyl., 2006 to
Section 1.
Jtme 30, 2009.
Section 2.
The State of Florida, Department of Revenue is authorized to distribute
directly to the Village its statutory share of gas tax revenues.
S:Qction 3.
The VilJage shall receive $294.500 in gas tax revenues for each fiscal year
during the term of this Agreement.
.$c(ai~H;6.;
In tbe event {hat an audit for transportat.ion expenditures sl)C';\~ified by
Chapter 336, Florida Statutes~ change~ the actual lane mikf;~ in the Vmage~ the pa~ fes shall
mutuaHy agree to review the audit and adjust the percel1tage of revenues due 10 the Village.
Se(~tilln ~~
Pursuant to Section 163.01 ~ Florida Statutes, the partie~ ar~ authorized to
enter into the luterlocal Agreement.
Se,ction 6.
This Interlocal Agreement will take effect when certified copies are filed
with the Clerk of the Circuit Court and the Village Clerk.
IN WITNESS WHEREOF the parties hereto have executed this InterlocaJ Agreement the
day and Ylear written below.
(SEAL)
ATTEST: DANNY L. KOLHAGE. CLERK
BOARD OF COUNTY COMMISSIONERS
Of MONROE COUNTY. FLORIDA
By
By
Mayor/Chairman
Deputy Clerk
DATE:
(SEAL)
A ITEST:
lSLAMORADA, VILLAGE OF ISLANDS,
FLORIDA
By
By
Village Clerk
Mayor
DATE:
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
!~]~~~QCJ\L t\igi~fM~~:r
Village of !stands
This Is. a~. InterJocal Agreement between Monroe COUt'~\~'! I Florld~, a poHtiQ;P. subdivision
of the State of Florida (the "County") and Islamorads1 Village of Islands, Florida, a municipal
corporation of the State of Flori(t,a (the "ViUageuJ, ultered into thiS .lith day of
~._-2~~-~ 2004, (the or this tl Agreement").
WHEREAS, pursuant to Chapter 97-348, Laws of Florida, the Viilage was Incorporated
on Dece!mber 31, 1991, and became operational in March of 2000; and
"'''HEREAS, pursuant to Sectlon 9{8} of Chapter 97-348, laws of Florida, the VlUage 15
entitled to receive a proportionate share of local option gas tax revenueS collected in Monroe
County; and
'NHEREAS1 pursuant to Section 336.025(4){b), Florida Statutes, the percentage of gas
tax revlenues 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 spedfy the statutory
amounts that the Village Is entitled toi now therefore,
"fHE PARTIES AGREE as follows:
.~ectlon 1 ~
This Interlocal Agreement shaJl apply to funding starting on october 1,
2004 BI,d extending through June 30, 2006.
!Section 2.
The State of florida, Department of Revenue is authorized to distribute
directly to the Oty its statutory share of gas tax revenues.
Section 3.
The ViJlage shall receive $294,500 in gas tax revenues for each fiscal
year In the period from October 1, 2004 through June 30, 2006.
:Seqion 4.
Distributions of the local option gas tax to the Village In later ftscal years
shall bE~ pursuant to a fonnula set forth in an Interlocal Agreement entered Into under Section
336.02'5(3)(a)(1), Florida Statutes.
Sectton 5.
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, 'i:he parties shall m(;.;,lH;;.t~y agr~e to re'r..[f"! the audit and adjt:!:\:: Lhe !J;?;roan1'age c.,::
rcvenu:'!s due the Village.
,;e<.1'on 6.
Pursuant tri SectIon 163.01, r ltdda Statutes, the f'arth:s are authorl:zed
to enttr into the Intenocal Agreement.
~~n2.
This Inter-local Agrt;ement will take effect when certified copies are filed
with th~! Clerk of the Circuit Court and the Oty Clerk.
IN WITNESS WHEREOF the parties hereto have executed this Interlocal Agreement the
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, flORIDA
Byh(~
Mayor/Chairman
(SEAL)
ATTEST':
By-e~~~
age Cierk
ISLAMORADA, VILlAGE OF ISLANDS
FLORIDA
By ~~
Mayor
MONROE COUNTY ATTORNEY
<'1_f~W ~SlO !!>>"M:
~~~NS
Dlt' ;~'~~1Jr_N~____.,~
:t' i '"'1
!~ ;::
o (") .. ~ ~
...., r - -
::r.
g~l I\) ~
~~~ \0 (:)
-.(..,~ ;0
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0 =u
01:"- ~