Item 7B Ordinance 70-15-17STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM #78
JUNE 8, 2015
AGENDA ITEM: ORDINANCE NO. 70-15-17
DATE:
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA AUTHORIZING THE MAYOR TO EXECUTE
AN INTERLOCAL AGREEMENT WITH THE CITY OF
JACKSONVILLE, CITY OF JACKSONVILLE BEACH,
THE TOWN OF BALDWIN AND THE CITY OF NEPTUNE
BEACH PROVIDING FOR THE DISTRIBUTION
FORMULA FOR DIVIDING THE PROCEEDS OF THE
LOCAL OPTION GAS TAX; PROVIDING AN EFFECTIVE
DATE.
May 26, 2015
SUBMITTED BY: Nelson VanLiere, City Manager <:2
BACKGROUND:
BUDGET:
As the governing body of Duval County, the City of Jacksonville passed
Ordinance 2013-820 on May 27, 2014 authorizing an Interlocal Agreement
between the municipalities of Duval County for creating a distribution formula to
divide the Local Option Gas Tax proceeds. The ordinance passed by The City of
Jacksonville reissues the Local Option Gas Tax for an additional twenty years
beginning September 1, 2016 and continuing through August 31, 2036. The
formula is simply Atlantic Beach's population divided by the total county
population based on estimates provided by the State of Florida annually. This is
the same formula that we have used in the past. The purpose of this agreement is
to replace the expiring agreement.
The City of Atlantic Beach budgeted $434,909 for fiscal year ended September
30, 2015. This is an estimate provided by the State of Florida. The annual
proceeds have been over $410,000 for a number of years. The funds collected
are only to be used for transportation expenditures as defined by Section
336.025(7), Florida Statutes.
RECOMMENDATION: Staff recommends approval of Ordinance No. 70-15-17, authorizing an
Interlocal Agreement with the Cities of Atlantic Beach, Jacksonville, Neptune
Beach, Jacksonville Beach and the Town of Baldwin for the distribution of Local
Option Fuel Taxes and to authorize the Mayor and City Manager to sign the
Interlocal Agreement when the ordinance is passed.
ATTACHMENTS: Ordinance No. 70-15-17
Exhibit A -Interlocal Agreement for the distribution of Local Option Fuel Taxes
with the Cities of Atlantic Beach, Jacksonville, Jacksonville Beach, Neptune
Beach and the Town of Baldwin.
City of Jacksonville Ordinance 2013-820
ORDINANCE NO. 70-15-17
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA AUTHORIZING THE MAYOR TO EXECUTE
AN INTERLOCAL AGREEMENT WITH THE CITY OF
JACKSONVILLE, CITY OF JACKSONVILLE BEACH,
THE TOWN OF BALDWIN AND THE CITY OF NEPTUNE
BEACH PROVIDING FOR THE DISTRIBUTION
FORMULA FOR DIVIDING THE PROCEEDS OF THE
LOCAL OPTION GAS TAX; PROVIDING AN EFFECTIVE
DATE.
AGENDA ITEM #7B
JUNES, 2015
WHEREAS, the City of Jacksonville, City of Atlantic Beach, The City of Jacksonville
Beach and The Town of Baldwin are entering into an Interlocal agreement pursuant to and in
compliance with the provisions of Section 336.025(3)(a)(l), Florida statutes; and
WHEREAS, the City of Jacksonville has passed Ordinance 2013-820 reissuing the Local
Option Gas Tax for a twenty year period beginning September 1, 2016 and authorizing an inter-
local agreement; and
WHEREAS, the City of Atlantic Beach is dependent upon this revenue source to fund
transportation expenditures including maintenance of our streets and stormwater system; and
WHEREAS, the City Commission of the City of Atlantic Beach, Florida, finds that the
adoption of this ordinance is in the best interest of Atlantic Beach, Florida and its citizens.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Adoption and Incorporation of Recitals. The City Commission of the City
of Atlantic Beach, Florida adopts the recitals outlined above and incorporates them herein as a
part of this ordinance.
SECTION 2. Authorization. The Mayor is authorized to execute an Interlocal
Agreement with the City of Jacksonville, City of Jacksonville Beach, City ofNeptune Beach and
Ordinance No. 70-15-17 Page 1 of2
AGENDA ITEM #7B
JUNE8,2015
the Town of Baldwin providing for the distribution fmmula for dividing the proceeds of the
Local Option Gas Tax as described in Exhibit A, attached hereto and incorporated by reference.
SECTION 3. Effective Date. This Ordinance shall take effect immediately upon its final
passage and adoption.
PASSED by the City Commission on first reading this __ day of ______ _
2015.
PASSED AND DULY ADOPTED with a quorum present and voting, by the City
Commissioner this __ day of _______ ,, 2015.
ATTEST:
DONNA L. BARTLE,
City Clerk
Approved as to fmm and conectness:
RICHARD KOMANDO,
City Attorney
Ordinance No. 70-15-17
CAROLYN WOODS,
Mayor, Presiding Officer
Page 2 of2
INTERLOCAL AGREEMENT
AGENDA ITEM #7B
JUNE8,2015
WHEREAS, the parties hereto are the City of Jacksonville Beach, the City of
Atlantic Beach, the City of Neptune Beach, and the Town of Baldwin, hereinafter referred
to as the "Cities" and the City of Jacksonville; and
WHEREAS, the parties have entered into dialogue pursuant to creating a
distribution fonnula for dividing the proceeds of a proposed local option gas tax of up to the
maximum amount allowed by law per gallon upon every gallon of motor fuel and special
fuel sold in Duval County and taxed under the provisions of Chapter 206, Florida Statutes, as
authorized to be imposed by the governing body of Duval County by Section 336.025, Florida
Statutes; and
WHEREAS, the Council of the City of Jacksonville acting as the governing body of
Duval County, Florida, proposes to levy said tax for a period of up to the maximum
number of years allowed by law beginning September 1, 1985; and
WHEREAS, the parties hereto are entering into this Inter-Local Agreement
pursuant to and in compliance with the provisions of Section 336.025(3)(a)(l), Florida
Statutes; and
WHEREAS, the parties hereto agree that the distribution formula for said tax as derived
herein below is in the best interest of all the citizens of Duval County, Florida;
Now, therefore, it is agreed:
I. Each or the parties hereto shall receive a distribution proportion of the local
option gas tax in the percentage amount calculated by dividing each patiy's latest annual
population total, as calculated and cetiified annually by the State of Florida Depmiment of
Administration, by the latest annual population total of Duval County as likewise calculated
and cetiified. This percentage amount shall be revised annually during the tenn or the tax as the
population figures calculated and certified by the Department of Administration are revised.
2. The tax monies collected and distlibuted as provided herein shall be utilized only
for transpmiation expenditures, as the term is defined in Section 336.025(7), Florida Statutes.
3. This agreement shall be subject at all times to the provisions of Section
336.025, Florida Statutes, and to such rules and regulations promulgated by the State of Florida,
Department of Revenue.
4. This agreement supersedes and replaces that cetiain similar Interlocal Agreement
agreed to and executed by the parties hereto in June, 1985.
Ordinance No. 70-15-17
Exhibit A
Page 1 of 3
AGENDA ITEM #7B
JUNE8,2015
EXECUTED as of the dates indicated herein below· by the parties hereto.
WITNESSES:
Attest: ------------------------City Clerk
SEAL
WITNESSES:
Attest: ------------------------City Clerk
SEAL
WITNESSES:
Attest: --------------------
City Clerk
SEAL
CITY OF JACKSONVILLE BEACH
By: ______________________ _
Mayor
City Manager
Date: ---------------------
CITY OF ATLANTIC BEACH
By: ______________________ _
Mayor
City Manager
Date: -----------------------
CITY OF NEPTUNE BEACH
By: ---~ ~ -~----
Mayor
City Manager
Date: -----------------------
Ordinance No. 70-15-17
Exhibit A
Page 2 of 3
WITNESSES:
~{Ylzo:tqc~ L,~-
/
A~
l" A~fV\.~
Town Bfrif
SEAL
WITNESSES:
Attest: ---------------------------Corporation Secretary
SEAL
Form Approved:
Assistant General Counsel
TOWN OF BALDWIN
AGENDA ITEM #7B
JUNE 8, 2015
By: 'S"VAN--rc:-c--...~,..j
--~~~------------------
Mayor
City Manager
CITY OF JACKSONVILLE
By: ____ _
Mayor
Date: ------------------------
G:\SHARED\Mlahmeur\Exhibits\Amendment Exhibits\2013-820 (Gas Tax)\Beaches lnterlocal Agmt-Gas Tax 4.11.14.doc
Ordinance No. 70-15-17
Exhibit A
Page 3 of3
AGENDA ITEM #7B
JUNE 8, 2015
Substituted & Rereferred 4122114
Jl._rnended 5 I 2 7 I 14
1 Introduced by Council President Gulliford and Substituted by the
2 Rules Committee and amended by the Finance Committee:
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ATIACH.tif
5 ORDINANCE 2013-820-E
6 AN ORDINANCE AMENDING SECTION 799.101 (TAX
7 IMPOSED; LIMITATION) , CHAPTER 799 (LOCAL
8 OPTION GAS TAX) , ORDINANCE CODE, TO REISSUE
9 THE LOCAL OPTION GAS TAX FOR A 20 YEAR PERIOD
10 BEGI~lliiNG SEPTEMBER 1, 2016, AND CONTINUING
11 THROUGH AUGUST 31, 2036; PROVIDING FOR
12 MUNICIPAL CODE EDITOR'S NOTE; APPROVING AND
13 AUTHORIZING THE MP.YOR AND THE CORPORATION
14 SECRETARY TO EXECUTE AN INTERLOCAL AGREEMENT
15 BETWEEN THE CITY OF JACKSONVILLE AND THE
16 JACKSONVILLE TRANSPORTATION AUTHORITY FOR
17 ALLOCATION OF THE LOCAL OPTION GAS TAX, THE
18 TRANSPORTATION 1 I 2 CENT SALES TAX, PERMITTED
19 PURSUAt'\IT TO §212.055(1) (D) (2), FLORIDA
20 STATUTES, AND THE CONSTITUTIONAL GAS TAX,
21 PERMITTED PURSUANT TO §206.47, FLORIDA
22 STATUTES; PROVIDING THAT THE CITY'S 1 CENT
23 PORTION OF THE LOCAL OPTION GAS TAX BE
24 ALLOCATED WITH 80% DEDICATED TO ROADWAY
25 MAINTENANCE AND THE REI~INING 20% DEDICATED TO
26 BICYCLE AND PEDESTRIAN IMPROv~MENTS ON OR
27 ALONG ROADVV'AYS AND CITY RIGHT OF WAY AND
28 REQUIRING APPROVAL BY AT LEAST T1fJO-THIRDS
29 MAJORITY OF ALL COUNCIL MEMBERS TO CHANGE
30 ALLOCATION; APPROVING AND AUTHORIZING THE
31 MAYOR AND THE CORPORATION SECRETARY TO EXECUTE
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AGENDA ITEM# 7B
JUNE8,2015
Substituted & Rereferred 4/22/14
Amended 5/27/14
Al\J INTERLOCAL AGREEHENT BETWEEN THE CITY OF
JACKSO~viLLE AND THE CITY OF JACKSONVILLE
BEACH, THE CITY OF ATLANTIC BEACH, THE CITY OF
NEPTUNE BEACH, AND THE TOV'JN OF BALDWIN FOR THE
DISTRIBUTION FORHULA FOR DIVIDING THE PROCEEDS
OF THE PROPOSED LOCAL OPTION GAS Tl\X;
REQUESTING ADMINISTRATION TO FILE SUBSEQUENT
LEGISLATION TO INCORPORATE CH&~GES TO 2005-
898-E TO REFLECT UPDATED BUDGETS; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED by the Council of the City of Jacksonville:
Section 1. Amending Section 799.101 (Tax imposed;
14 limitation), Chapter 799 (Local Option Gas Tax), Ordinance Code.
15 Section 799.101 (Tax imposed; limitation), Chapter 799 (Local
16 Option Gas Tax), Ordinance Code, is hereby amended to read as
17 follows:
18 CHAPTER 799. Local Option Gas Tax.
19 * * *
20 Sec. 799.101. Tax imposed; limitation.
21 There is hereby imposed a tax, hereinafter known as the local
22 option gas tax, in the amount of six cents upon every gallon of
23 motor fuel and special fuel sold in the General Services District
24 and taxed under the provisions of F.S. Ch. 206. This tax shall be
25 effective on September 1, ±-9-8-6-2016 and shall continue through
26 August 31, ~ 2036.
27 * * *
28 Section 2. Municipal Code Editor's Note. The Jacksonville
29 1'1unicipal codifiers are directed to include an editorial note in
30 the Jacksonville Municipal Cocte to read as follows:
31 The initial Local Option Gas Tax, allowed by Florida Statutes
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AGENDA ITEM # 7B
JUNE 8,2015
Substituted & Rereferred 4/22/14
Amended 5/27/14
§336.025, was for a period from September 1, 1986 to August
31, 2016. 85-793 §1; 91-819-441 §1. The Local Option Gas tax
was reissued pursuant to law via Ordinance 2013-820-E.
Section 3. Approval and Authorization for Interlocal
5 Agreement with Jacksonville Transportation Authority. There is
6 approved, and the Mayor, or his designee, and Corporation Secretary
7 are hereby authorized to execute and deliver, for and on behalf of
8 the City, the Interlocal Agreement between the City of Jacksonville
9 and the Jacksonville Transportation Authority attached hereto as
10 Third Revised Exhibit 1, labeled as "Third Revised Exhibit l, Third
11 Revised JTA Interlocal Agmt, May 20, 2014 -Finance", for the Local
12 Option Gas Tax Sales Tax , the Transportation 1 I 2 Cent Sales Tax,
13 permitted pursuant to §212. 0 55 ( 1) (d) ( 2) , Florida Statutes, and the
14 Constitutional Gas Tax, permitted pursuant to §206.47, Florida
15 Statutes, allocations 2016-2036.
16 Section 4. Use of City's 1 cent gas tax. Of the 1 cent
17 Local Option Gas Tax which the City shall receive from collections
18 as remitted by DOR, 80% shall be dedicated to roadway maintenance,
19 while the remaining 20% shall be dedicated to bicycle and
20 pedestrian improvements on or along roadways and City right of way.
21 Changes to the allocation provided herein shall require approval by
22 at least a two-thirds majority of all Council Members.
23 Section 5. Approval and Authorization for Interlocal
24 Agreement with the City of Jacksonville Beach, the City of Atlantic
25 Beach, the City of Neptune Beach, and the Town of Baldwin for the
2 6 distribution formula for dividing the proceeds of the proposed
27 local option gas tax. There is approved, and the Mayor, or his
28 designee, and Corporation Secretary are hereby authorized to
29 execute and deliver, for and on behalf of the City, the Interlocal
3 0 Agreement between the city of ,Jacksonville and the City of
31 Jacksonville Beach, the City of Atlantic Beach, the City of
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AGENDA ITEM # 78
JUNE 8,2015
Substituted & Rereferred 4/22/14
Amended 5/27/14
1 Neptune Beach, and the Town of Baldwin attached hereto as Exhibit
2 2, for the distribution formula for dividing the proceeds of the
3 proposed local option gas tax.
4 section 6. Subsequent legislation modifying 2005-898-E to
5 reflect updated budgets. The Administration is hereby requested to
6 file legislation which would attach an updated Work Program which
7 was attached to 2005-898-E as Exhibit 1. The updated Work Program
8 would account for projects and current budgets which were, or are
9 to be, accomplished under the Better Jacksonville Plan as amended.
10 Section 7. Effective Date. This Ordinance shall become
11 effective upon signature by the Mayor or upon becoming effective
12 without the Mayor's signature.
13
14 Form Approved:
15
16 /s/ Paige Hobbs Johnston
17 Office of General Counsel
18 Legislation Prepared By: Margaret M. Sidman
19 G:\SHARED\LEGIS.CC\2014\Sub\2013-820 Rules.doc
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