Interlocal Agreement Between COAB, CONB, and COJ 06-28-83 v PAGE SIX V V
MINUTES NAME OF
JUNE 24, 1985 COMMRS. MSYN
New Business - continued -
F. Action by the City Commission to approve a Resolution implementing
terms of an interlocal agreement for distribution of possible gas tax
funds
Mayor Howell commented that several years ago the three beaches,Baldwin,
and the City of Jacksonville signed an interlocal agreement on the
distribution of a possible one-cent gas tax. The distribution would be
based on a population basis. Imposition of the gas tax at that time was
never passed. The City of Jacksonville recently asked the beaches to
update the interlocal agreement as the new law would allow them to im-
pose up to 6c per gallon on gas for a period of 30 years. If approved
we would be assured of receiving the city's share. If the city did not
endorse the interlocal agreement, the Atlantic Beach share would be
held in escrow until that time when the agreement is negotiated satis-
factorily by both parties.
Motion: Authorize entering into an interlocal agreement with the Cook x
City of Jacksonville, City of Jacksonville Beach, Neptune Gulliford x
Beach, and Baldwin if and when the City of Jacksonville
passes the Ordinance imposing the gas tax.
Commissioner Gulliford said he met today with Messrs. Basford, Cook,
Carter, and all the At Large except Mr. Smith. One of the items dis-
cussed was the interlocal agreement. Commissioner Gulliford expressed
the opinion the city should enter into the agreement, and added that
all counties around us have passed it. The trend today is for projects Cook x
to be funded at the local level instead of State or Federal. Following Gulliford x
discussion, the question was called and the motion carried unanimously. Morris x
Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
G. Action by the City Commission to authorize the purchase of tangible
personal property from the Buccaneer Management Partnership for the use
of the Buccaneer Water and Sewer District.
Mr. Fellows reported that each Commissioner had received copies of the
proposal on Buccaneer Management tangible personal property. He and
staff had evaluated the needs of the equipment and felt the city could
use it. The purchase would measurably assist him in the budget process
next year as he already had some indication that some of the items were
already needed. He recommended the Commission consider very strongly
the purchase of the property on the terms that had been provided by
Messrs. Braid and Strayve through the Buccaneer Management Partnership.
Value of the property as appraised by Gee & Jenson was $37,657.45,
Discount offer of 15% - ($5,648.62) , net offer to city-$32,008.83.
Commissioner Van Ness expressed the opinion the Commission had agreed
during discussion of the purchase the personal property was not needed
by the city. Mr. Fellows said the Administration had not really had an
opportunity to evaluate that particular aspect, and therefore felt this
would be the appropriate time to discuss it. Commissioner Morris asked
INTER LOCAL 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
four cents 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 ten years
C 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 hereinbelow is in the best interest of all the citizens of Duval County, Florida;
Now, Therefore, it is agreed:
1. Each of 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 term of 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
utlized 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 supercedes and replaces that certain similar Interlocal
Agreement agreed to and executed by the parties hereto in June, 1983.
EXECUTED as of the dates indicated hereinbelow by the parties hereto.
WITNESSES: CITY OF JACKSONVILLE BEACH
By:
Its Mayor
City Manager
ATTEST:
City Clerk
DATE:
SEAL
CITY OF ATLANTIC BEACH
By:
Its Mayor
ATTEST:
City Clerk
DATE:
SEAL
CITY OF NEPTUNE BEACH
By:
Its Mayor
ATTEST:
City Clerk
DATE:
SEAL
TOWN OF BALDWIN
By:
Its Mayor
DATE:
ATTEST:
Town Clerk
SEAL
SEAL
CITY OF JACKSONVILLE
By:
Its Mayor
ATTEST:
Corporation Secretary
DATE:
SEAL
14.
7-4:r)\
OFFICE OF CITY COUNCIL
RONALD R. JOHNSON
SECRETARY TO CITY COUNCIL 220 E.BAY STREET
(904)633.37 JACKSONVILLE,FLORIDA
32202-3490
June 14, 1985
The Honorable William S. Howell
Mayor of Atlantic Beach
P. O. Drawer 25
Atlantic Beach, Florida 32233
Dear Mayor Howell:
Enclosed please find copies of two bills currently before the Jacksonville City Council
that would affect your municipality. The first, ordinance 85-793, proposes to levy an
additional four cent tax on motor fuel in Duval County. The second, resolution 85-792,
revises the interlocal agreement of June, 1983 (resolution 83-499-179) which I have also
enclosed for your information. You will note that the 1983 agreement was for one cent
for five years. However, the tax was never levied. The new proposal is for four cents for
up to ten years.
These bills are assigned to the Public Services and Finance Committees. Public Services
will meet Monday, June 17, 1985 at 5:00 p.m. in the 15th Floor City Council Chamber.
The Finance Committee will meet on Tuesday, June 18, 1985 at 5:00 p.m. in the same
room. You or a representative of your municipality are encouraged to attend these
meetings.
ncerely,
P:Offlal
LD •. J•H • •N
SECRETARY TO E COUNCIL
RRJ:kar
Enclosures
1
Introduced by Councilman Jones:
2
3
4
ORDINANCE 85-793-
5
AN ORDINANCE CONCERNING THE LOCAL OPTION GAS
6
TAX ON MOTOR FUEL AND SPECIAL FUEL AUTHORIZED BY
7
SECTION 336.025, FLORIDA STATUTES; AMENDING TITLE
8
XXII, ORDINANCE CODE OF THE CITY OF JACKSONVILLE,
9
TAXATION, BY ADDING A NEW CHAPTER 798 TO LEVY A
10
TAX OF FOUR CENTS A GALLON ON MOTOR FUEL AND
11
SPECIAL FUEL SOLD IN DUVAL COUNTY, FOR A PERIOD OF
12
TEN YEARS, AND TO PROVIDE FOR DISTRIBUTION OF THIS
13
TAX; AMENDING PART 3, CHAPTER 110, ORDINANCE CODE
14
TO CREATE A NEW SECTION 110.335 ESTABLISHING A
15
SPECIAL TRUST FUND FOR THIS TAX; PROVIDING AN
16
EFFECTIVE DATE.
17
18
BE IT ORDAINED by the Council of the City of Jacksonville:
19
Section 1. Title XXII, Ordinance Code is amended by adding a new chapter 798
20
to read as follows:
21
CHAPTER 798
22
LOCAL OPTION GAS TAX
23
798.101 Tax imposed; limitation. There is hereby imposed a tax, hereinafter
24
known as the local option gas tax, in the amount of four cents upon every gallon of
25
motor fuel and special fuel sold in the General Services District and taxed under the
26
provisions of Chapter 206, Florida Statutes. This tax shall be effective on September
27
1, 1985 and shall continue through August 31, 1995.
28
29
1
798.102 Manner of collection. The local option gas tax shall be collected by
2
the State Department of Revenue in the same manner as other gas taxes are
3
collected pursuant to Chapter 206, Florida Statutes and, when received by the City,
4
shall be credited to the Local Option Gas Tax Trust Fund created by Section 110.335.
5
798.103 Purpose of tax. The local option gas tax shall be utilized only for
6
transportation expenditures, as that term is defined in Section 336.025(7), Florida
7
Statutes and as appropriated from time to time by the Council.
8
798.104 Legislative authority. This chapter is enacted pursuant to the
9
authority contained in Section 336.025, Florida Statutes.
10
798.105 Territorial application. This chapter shall apply throughout the
11
General Services District. The City is exercising its powers as a county in the
12
enactment of this chapter and the imposition of the local option gas tax, pursuant to
13
the authority contained in Section 3.01 of the Charter.
14
798.106 Distribution of tax proceeds. The proceeds of the local option gas
15
tax shall be distributed among the City and Urban Services Districts Two, Three,
16
Four and Five, to the extent that they are each eligible to receive a distribution,
17
based upon the percentage amount calculated by dividing the latest annual population
18
total for each such governmental unit, as calculated and certified annually by the
19
State of Florida Department of Administration, by the latest annual population total
20
of Duval County as likewise calculated and certified. This percentage amount shall
21
be revised annually during the term of the tax as the population figures calculated
22
and certified by the Department of Administration are revised. The Council Auditor
23
shall provide the State Department of Revenue with the distribution proportions prior
24
to August 15 of each year the tax is in effect; if a dispute shall arise with respect to
25
the determination of distribution proportions as provided in Section 336.025(5)(b),
26
Florida Statutes, the tax proceeds shall be paid into the Local Option Gas Tax Trust
27
Fund without distribution and held in escrow until the dispute is resolved.
28
29
-2-
1
Section 2. Part 3, Chapter 110, Ordinance Code is amended by adding a new
2
Section 110.335 to read as follows:
3
110.335 Local Option Gas Tax Trust Fund. There is hereby established a
4
Local Option Gas Tax Trust Fund, into which shall be paid all of the proceeds
5
received by the City from the State Local Option Gas Tax Trust Fund as a result of
6
the local option gas tax imposed by Chapter 798, together with funds that may be
7
distributed to the City under Section 336.025(6), Florida Statutes. Monies in this
8
account shall be available for expenditure without regard to fiscal years, in
9
accordance with appropriations made by the Council from time to time and only for
10
transportation expenditures, as defined in Section 336.025(7), Florida Statutes.
11
Section 3. This ordinance shall become effective upon signature by the Mayor
12
or upon becoming effective without the Mayor's signature.
13
14
Form Approved:
15
16
01-:"-t9
17 Assistant Cel
18
19
General Counsel
20
21
22
23
24
25
26
27
28
29
-3-
•
1 Introduced by Councilman Jones:
2
3
4 RESOLUTION 85-792-
5 A RESOLUTION RESTATING AND REDEFINING THE
6 COUNCIL'S INTENT TO LEVY A LOCAL OPTION GAS TAX
7 WITHIN THE COUNTY AS PREVIOUSLY STATED IN
8 RESOLUTION 83-499-179; AUTHORIZING THE MAYOR AND
9 CORPORATION SECRETARY TO EXECUTE A REVISED
10 INTERLOCAL AGREEMENT WITH THE OTHER
11 MUNICIPALITIES LOCATED IN DUVAL COUNTY TO
12 FORMULATE AND CONFIRM THE DISTRIBUTION FORMULA
13 FOR DIVIDING THE PROCEEDS OF THE TAX; PROVIDING AN
14 EFFECTIVE DATE.
15
16 WHEREAS, the Council by Resolution 83-499-179 has previously declared its
17 intent to levy a Local Option Gas Tax in Duval County pursuant to Section 336.025,
18 Florida Statutes; and
19 WHEREAS, pursuant to that resolution, the Mayor and Corporation Secretary
20 executed an Interlocal Agreement with the four other municipalities located in Duval
21 County to establish the distribution formula for dividing the proceeds of the tax; and
22 WHEREAS, the Council did not elect that year (1983) or in 1984 to enact an
23 ordinance which would levy the tax; and
24 WHEREAS, it is now the Council's intent to enact legislation which would levy a
25 Local Option Gas Tax up to four cents per gallon on each gallon of taxable fuel for a
26 period of up to ten years in Duval County pursuant to the amended provisions of
27 Section 336.025, Florida Statutes; and
28 WHEREAS, it is the desire of the Council to confirm, update and revise the
29 Interlocal Agreement for distribution of the tax proceeds, based on population, which
1 was previously approved by all of the municipalities, including the City of
2 Jacksonville, located in Duval County; now, therefore
3 BE IT RESOLVED by the Council of the City of Jacksonville:
4 Section 1. The Council, acting as the governing body of Duval County, Florida,
5 hereby declares its intent to levy a local option gas tax for up to ten years and in the
6 amount of up four cents per gallon upon every gallon of motor fuel and special fuel
7 sold in Duval County and taxed under the provisions of Chapter 206, Florida Statutes.
8 The Council in stating such intent is acting pursuant to the authority of and subject
9 to the provisions contained in Section 336.025, Florida Statutes, and shall utilize all
10 proceeds received from the tax for transportation expenditures within Duval County,
11 Florida, as such transportation expenditures are defined in that section.
12 Section 2. The Mayor and Corporation Secretary are hereby authorized to
13 execute a revised Interlocal Agreement with the other municipalities in Duval County
14 to establish an appropriate distribution formula for dividing the proceeds of the tax
15 proposed in Section 1 herein. A copy of the Interlocal Agreement in substantially the
16 form and content to be executed is attached hereto and by this reference made a part
17 hereof. The Cities of Jacksonville Beach, Atlantic Beach and Neptune Beach and the
18 Town of Baldwin are hereby urged to likewise approve the execution of the revised
19 Interlocal Agreement by their appropriate officials prior to July 1, 1985, so that the
20 procedural requirements of Section 336.025, Florida Statutes, can be met and the tax
21 can be levied for the benefit of the transportation needs of all the governmental
22 entities which are a party to the agreement.
23 Section 4. This resolution shall become effective upon signature by the Mayor
24 or upon becoming effective without the Mayor's signature.
25
26 Form Approved:
27
28
esisl"&ta‘ntunsel General Counsel
29 -2- Resolutions9/1 mt
AMENDED 6/28/83
1 Introduced by Councilman Carter:
2
3
4 RESOLUTION 83-499-179
5 A RESOLUTION STATING THE INTENT OF THE COUNCIL OF
6 THE CITY OF JACKSONVILLE ACTING AS THE COUNTY
7 GOVERNMENT FOR DUVAL COUNTY, FLORIDA, TO LEVY A
8 LOCAL OPTION GAS TAX FOR A FIVE-YEAR PERIOD ON
9 MOTOR FUEL AND SPECIAL FUEL IN THE AMOUNT OF ONE
10 CENT PER GALLON PURSUANT TO THE AUTHORITY
11 GRANTED IN AND UNDER THE CONDITIONS CONTAINED IN
12 SECTION 336.025, FLORIDA STATUTES; AUTHORIZING THE
13 MAYOR AND CORPORATION SECRETARY TO EXECUTE AN
14 INTERLOCAL AGREEMENT WITH THE OTHER
15 MUNICIPALITIES LOCATED IN DUVAL COUNTY TO
16 FORMULATE AN APPROPRIATE DISTRIBUTION FORMULA
17 FOR DIVIDING THE PROCEEDS OF THE TAX; PROVIDING
18 FOR EQUAL DISTRIBUTION AMONG COUNCIL DISTRICTS;
19 REQUIRING EXPENDITURES OF SUCH TAX FOR
20 NEIGHBORHOOD ROAD PURPOSES; PROVIDING AN
21 EFFECTIVE DATE.
22
23 BE IT RESOLVED by the Council of the City of Jacksonville:
24 Section 1. The Council, acting as the governing body of Duval County, Florida,
25 hereby declares its intent to levy a local option gas tax for a five-year period in the
26 amount of one cent upon every gallon of motor fuel and special fuel sold in Duval
17 County and taxed under the provisions of Chapter 206, Florida Statutes. The Council in
28 stating such intent is acting pursuant to the authority and subject to the conditions
29 X-86
1 contained in Section 336.025, Florida Statutes, and shall utilize all moneys received
2 pursuant to this section only for transportation expenditures within Duval County,
3 Florida.
4 Section 2. The Mayor and Corporation Secretary are hereby authorized to
5 execute an Inter-Local Agreement with the other municipalities in Duval County to
6 establish an appropriate distribution formula for dividing the proceeds of the tax
7 proposed in Section 1 herein. A copy of the Inter-Local Agreement in its general form
8 and content is attached hereto and by this reference made a part hereof.
9 Section 3. It is the intent of the Council to distribute the revenues of the local
10 option gas tax equally among the fourteen Council Districts.
11 Section 4. The revenues derived from the local option gas tax will be utilize4
12 only for neighborhood road purposes within the respective Council Districts.
13 Section 5. This Resolution shall become effective upon signature by the Mayor or
14 upon becoming effective without the Mayor's signature.
15
16 Form Approved:
17
18 _ot g_ A
Assistant Cou el !�
19
20
21 General Counsel
22
23
24
25
26
27
28
-2-
29 X-86(
•
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY
COMMISSION HELD AT THE CITY HALL ON JUNE 13, 1983 AT 8:00 P.M. V V
0 0
PRESENT:William I. Gulliford, Mayor Pro Tem T T
Robert B. Cook, Sr. E E
John W. Morris, Jr. D D
Catherine G. Van Ness, Commissioners
AND: A. William Moss, City Manager M S
Alan C. Jensen, City Attorney 0 E
Adelaide R. Tucker, City Clerk T C
I 0 Y
ABSENT: Robert B. Persons, Jr. , Mayor-Commissioner - Out of Town NAME OF ONEN
COMMRS. N D S 0
The meeting was called to order by Mayor Pro Tem Gulliford. The invocation,
offered by Commissioner Morris, was followed by the pledge to the flag.
Approval of the Minutes of May 23, 1983
Cook x x
Motion: The minutes of the regular Commission meeting of May 23,1983 Morris x x
be approved as submitted. Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Gulliford x
Recognition of Visitors
Councilman Forrest Boone was recognized by the Mayor Pro Tem. Council-
man Boone presented to the Commission for consideration an interlocal
agreement creating a distribution formula for dividing the proceeds of a
proposed two cent local option gas tax. The distribution will be based
on the latest annual population total as calculated and certified annual-
ly by the State of Florida Department of Administration, and will be
revised annually. The tax monies collected and distributed shall be
utilized only for transportation expenditures.
Motion: Adopt the Interlocal Agreement between the City of Jackson- Van Ness x
ville, Atlantic Beach, Neptune Beach, Jacksonville Beach, and Cook x
the Town of Baldwin creating a distribution formula for
dividing the proceeds of a proposed two cent local option gas
tax.
Discussion followed before the vote. Councilman Boone added that if the
Interlocal Agreement was adopted Atlantic Beach would receive $95,748.
for this year, and would be more revenue than the other method using
the State formula which is based on money expended on roads during the
past five years.
Cook x x
Commissioner Morris called for the question and the motion Morris x
carried unanimously. Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Gulliford x
Correspondence - None
Advisory Planning Board - No Report
A
INTER LOCAL 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 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 five years beginning
September 1, 1983; and
WHEREAS, the parties hereto are entering into this Inter-Local Agreement
pursuant to and in compliance with the provisions of Section 336.025(3Xa)(1), Florida
Statutes; and
WHEREAS, the parties hereto agree that the distribution formula for said tax as
derived hereinbelow is in the best interest of all the citizens of Duval County, Florida;
Now, Therefore, it is agreed:
1. Each of 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
annnnplly during the term of 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
utlized 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.
EXEC Ui..D as of the dates indicated hereinbelow by the parties hereto.
WITNESSES: CITY OF JACKSONVILLE BEACH
Al c f'// -:fi',, By: 49- I .
Its Mayor
% /
mar
` .r/
• TTEST: t
llama AAP �' . Aeip i
City Cler
SEAL DATE: /3/ /7C(3
CITY OF ATLANTIC BEACH
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Its ilitl_ovi
yor �`
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Li
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i
ATTEST:gje ,_bl P.Ieje(„
City Clerk
SEAL DATE: %.r.„z44_4„. )3 j JF/3
(;1T Y OF NEPTUNE BEACH
/ ^
.. f7 at-eZ
lir Its Mayor
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DATE: ` - itis,,,C ( ,c( 15-e3
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Its Mayor
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DATE: V.�4 1 4 lC. 0)
A .,►&-M • U
o n Clerk
SEAL
SEAL
CITY OF JACKSONVILLE
By:
Its Mayor
ATTEST:
Corporation Secretary .
DATE:
SEAL
-
.RESOLUTION 83-499- 179
CERTIFICATE OF AUTHENTICATION
ADOPTED BY THE COUNCIL
June 28 , 19 83
HEN: •OK
OUNC P 'd S I DENT
ATTEST C l 7r
CHERYL
ASSISTANTA'gS I STANT C7611.1f,WI:L'-SECRETARY-RECORDS
APPROVED `-4-14-�' - 1913
r`= = t
j" JAKE M. GODBOLD, MAYOR