Item 7A- Ordinance No. 70-15-17ORDINANCE 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 #7 A
JUNE 22,2015
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 #7A
.JUNE 22, 2015
the To wn of Baldwin providing for th e di stribu tion formula for dividin g th e proceeds of the
Loca l Option Gas Tax as desc rib ed in Ex hibit A, attached hereto and inco rporated by reference.
SECTION 3. Effective Date. Thi s Ordinance shall take effect immediat ely upon its final
pa ssage and adopt ion.
PASSED by th e City Co mmi ss ion on fir s t rea din g thi s gl-h cla y of Tu.n e.
2015.
PASSED AND DULY ADOPTED with a quorum pre se nt and voting, by the C it y
Commi ss ion er thi s __ day of ______ , 20 15.
AITEST:
DONNA L. BARTLE,
C ity Clerk
Approved as to form and co rrec tne ss:
RI CHARD KOM/\NDO,
City Attorn ey
Ordin ance No. 70 -15-1 7
CAROLYN WOODS ,
May or, Pres iding Office r
Pa ge 2 of2
INTERLOCAL AGREEMENT
AGENDA ITEM #7A
JUNE 22, 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 formula 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 goveming body of
Duval County, Florida, proposes to levy said ta,x for a period of up to the maximum
number of years allO\ved 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:
1. Each or the parties hereto shall receive a distribution proportion of the local
option gas tax in the percentage amount calculated by dividing each patty's latest annual
population total, as calculated and ce1titied annually by the State of Florida Department of
Administration, by the latest annual population total of Duval County as likewise calculated
and certified. This percentage amount shall be revised annually during the tenn or the tax as the
population figures calculated and certified by the Depmiment of Administration are revised.
2. The tax monies collected and distJibuted as provided herein shall be utilized only
for transpmiation expenditures, as the te1m 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 ce1tain similar 1nterlocal 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 #7A
JUNE 22, 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:
Date:
Mayor
City Manager
-------------------
Ordinance No. 70-15-17
Exhibit A
Page 2 of 3
WITNESSES:
f~c~L'--J= -----
~~
WITNESSES:
----------
Attest:
------~-------------~
Corporation Secretary
SEAL
Form Approved:
Assistant General Counsel
TOWN OF BALDWIN
By: 'S""tAN~\~~,..j
Mayor
City Manager
AGENDA ITEM #7A
JUNE 22, 2015
Date: C¥.-~ \ 'J ', 6DD\L( ~~~=4\~~~~~~~---
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 of 3
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AGENDA ITEM #7A
JUNE 22, 2015
Substituted & Rereferrea 4/~~/14
A_mended 5 I 2 7 /14
Introduced by Council President Gulliford and Substituted by the
Rules Committee and amended by the Finance Con®ittee:
ORDINANCE 2013-820-E
AN ORDINANCE AMENDING SECTION 799.101 (TAX
IMPOSED; LIMITATION) I CHAPTER 799 (LOCAL
OPTION GAS TAX) 1 ORDINIJ.NCE CODE, TO REISSUE
THE LOCAL OPTION GAS TAX FOR A 20 YEAR PERIOD
BEGI~lliiNG SEPTEMBER 1, 2016, AND CONTINUING
THROUGH AUGUST 31, 2036; PROVIDING FOR
MUNICIPAL CODE EDITOR'S NOTE; APPROVING AND
AUTHORIZING THE MAYOR AND THE CORPORATION
SECRETARY TO EXECUTE AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF JACKSONVILLE AND THE
JACKSONVILLE TRANSPORTATION AUTHORITY FOR
ALLOCATION OF THE LOCAL OPTION GAS TAX, THE
TRANSPORTATION 1/2 CENT SALES TAX, PERMITTED
PURSUAL\JT TO §212.055(1) (D) (2) I FLORIDA
STATUTES, AND THE CONSTITUTIONAL GAS TAX,
PERMITTED PURSUANT TO §206.47, FLORIDA
STATUTES; PROVIDING THAT THE CITY'S 1 CENT
PORTION OF THE LOCAL OPTION GAS TAX BE
ALLOCATED WITH 80% DEDICATED TO ROADWAY
MAINTENANCE AND THE REMAINING 20% DEDICATED TO
BICYCLE AND PEDESTRIAL\1 IMPROv~MENTS ON OR
ALONG ROADWAYS AND CITY RIGHT OF WAY AL~D
REQUIRING APPROVAL BY AT LEAST TWO-THIRDS
MAJORITY OF ALL COUNCIL MEMBERS '1'0 CHANGE
ALLOCATION; APPROVING Al\fD AUTHORIZING THE
MAYOR AND THE CORPORATION SECRETARY TO EXECUTE
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AGENDA ITEM #7A
JUNE 22,2015
Substituted & Rereferred 4/22/l4
Amended 5/27/14
AN INTERLOCAL AGREEiv!ENT 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 BALD1iVIN FOR THE
DISTRIBUTION FORMULA FOR DIVIDING THE PROCEEDS
OF THE PROPOSED LOCAL OPTION GAS Tl\.X;
REQUESTING ADMINISTRATION TO FILE SUBSEQUENT
LEGISLATION TO INCORPORATE CHANGES 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:
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CHAPTER 799. Local Option Gas Tax.
* * *
Sec. 799.101. Tax imposed; limitation.
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-&6 2016 and shall continue through
26 August 31, ~ 2036.
27 * * *
28 Section 2. Municipal Code Editor's Note. The Jacksonville
29 Municipal codifiers are directed to include an editorial note i.n
30 the Jacksonville Municipal Code to read as follows:
31 The initial Local Option Gas Tax, allowed by Florida Statutes
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AGENDA ITEM #7 A
JUNE 22, 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 '"rhird Revised Exhibit 1, Third
11 Revised JTA Interlocal Agmt, May 20, 2014 -Finance", for the Local
12 Option Gas Tax Sales Tax , the Transportation 1/2 Cent Sales Tax,
13 permitted pursuant to §212.055(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 Inter local
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 lS 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
30 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 #7A
JUNE 22,2015
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.
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14 Form Approved:
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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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