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Ordinance No. 70-15-17 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. 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)(1), 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 of Neptune Beach and Ordinance No. 70-15-17 Page 1 of 2 the Town of Baldwin providing for the distribution formula 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 juJk ei 2015. PASSED AND DULY ADOPTED with a quorum present and voting, by the City Commissioner this "'n day of d/a , 2015. a CAROLYN WO 6„ Mayor, Presiding Officer ATTEST: 4L1 ti X44) €& DONNA L. BARTLE, City Clerk Approved as to form and correctness: • �tt A ' CHARD KOMANDO, City Attorney Ordinance No. 70-15-17 Page 2 of 2 INTERLOCAL AGREEMENT 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 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)(1), 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 party's latest annual population total, as calculated and certified 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 teuii or the tax as the population figures calculated and certified by the Department of Administration are revised. 2. The tax monies collected and distributed as provided herein shall be utilized only for transportation 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 certain 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 EXECUTED as of the dates indicated herein below by the parties hereto. WITNESSES: CITY OF JACKSONVILLE BEACH By: Mayor City Manager Attest: Date: City Clerk SEAL WITNESSES: CITY OF ATLANTIC BEACH By: Mayor City Manager Attest: Date: City Clerk SEAL WITNESSES: CITY OF NEPTUNE BEACH By: Mayor City Manager Attest: Date: City Clerk SEAL Ordinance No. 70-15-17 Exhibit A Page 2 of 3 WITNESSES: TOWN OF BALDWIN " `1-1C L By: Mayor r City Manager Attes tx � V v_- Date: E s Town . er SEAL WITNESSES: CITY OF JACKSONVILLE By: Mayor Attest: Date: Corporation Secretary SEAL Form Approved: Assistant General Counsel G:\SHARED\MLahmeur\Exhibits\Amendment Exhibits\2013-320(Gas Tax)\Beaches Interlocal Agmt-Gas Tax 4.11.14.doc Ordinance No. 70-15-17 Exhibit A Page 3 of 3 omminminimmonnk