Okaloosa County BOCC — May 15, 2013 — crestview resolution — reading text

RESOLUTION NO 13-07 A RESOLUTION BY THE CITY OF CRESTVIEW, FLORIDA, ENDORSING OKALOOSA COUNTY'S PROPOSAL TO EXTEND THE CURRENT INTERLOCAL AGREEMENT BETWEEN OKALOOSA COUNTY AND ITS MUNICIPALITIES FOR THE DISTRIBUTION OF LOCAL OPTION FUEL TAX REVENUES FOR THE FIRST SIX CENTS UPON THE BASIS OF A SIXTY PERCENT SHARE TO OKALOOSA COUNTY AND A FORTY PERCENT SHARE TO ALL ITS MUNICIPALITES; PROVIDING THE CURRENT FORMULA FOR DISTRIBUTION OF THE MUNICIPALITIES FORTY PERCENT SHARE OF THE LOCAL OPTION FUEL TAX REVENUES; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Section 336.025, Florida Statutes, authorizes local governments to levy local option fuel taxes to provide revenue to fund transportation expenditures; and WHEREAS, Okaloosa County currently levies six cents within the first tier of local option gas taxes; and WHEREAS, Okaloosa County and its incorporated municipalities have significant and on-going transportation expenditures and requirements: and WHERES, a fair and equitable distribution is provided by Okaloosa County retaining sixty percent of the local option fuel tax revenues generated by the first six cents and the municipalities within its boundaries sharing in the remaining forty percent of local option fuel tax revenues generated by the first six cents, all for the purpose of improving transportation systems throughout Okaloosa County, and within the incorporated municipalities. NOW, THEREFORE IT BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRESTVIEW, FLORIDA THAT: 1. The Mayor is hereby authorized to extend the interlocal agreement among Okaloosa County and its municipalities for purpose of sharing the revenue proceeds from the first six cents of local option fuel taxes upon the basis of a sixty percent share to Okaloosa County and a forty percent share to the municipalities. 2. The City of Crestview agrees to the formula for distribution of the municipalities forty percent share of revenue proceeds from the first six cents of local option fuel tax that is established in the attached Exhibit "A" 3. This resolution shall extend the current interlocal agreement among Okaloosa County and _ its Municipalities for the purposes of sharing the revenue proceeds from the first six cents of local option fuel taxes upon basis of a sixty percent share to Okaloosa County and a forty percent share to the Municipalities and specifics until December 31, 2014 PASSED AND ADOPTED BY THE CITY COUNCIL THIS+43th DAY OF MAY, 2013. Attest: VF ” Ltal Atl Sy kay RobynAlelt, Cotnéil irre Elizabeth Roy, City Clerk INTERLOCAL AGREEMENT AMONG OKALOOSA COUNTY AND THE MUNICIPALITIES OF CINCO BAYOU, CRESTVIEW, DESTIN, FORT WALTON BEACH, LAUREL HILL, MARY ESTHER, NICEVILLE, SHALIMAR, AND VALPARAISO FOR THE DISTRIBUTION OF THE SIX CENTS LOCAL OPTION GAS TAX This AGREEMENT, made and entered into this day of May, 2013, by and among OKALOOSA COUNTY, a political subdivision of the State of Florida, hereinafter called “County”, and the Municipalities of CINCO BAYOU, CRESTVIEW, DESTIN, FORT WALTON BEACH, LAUREL HILL, MARY ESTHER, NICEVILLE, SHALIMAR, and VALPARAISO, hereinafter called the “Municipalities”, for the distribution of the six cents local option gas tax in accordance with the provisions of Section 336.025(3)(a)1., Florida Statutes. INDEMNIFICATION: To the extent permitted by law, Municipalities and County hereto agree to indemnify and hold harmless each other for any and all damages arising out of their respective negligence regarding the performance of this Agreement. SOVEREIGN IMMUNITY: Nothing in this Agreement shall be deemed a waiver of immunity or a limitation of liability of any of the governmental parties hereto beyond any statutory limited waiver of immunity or limitation of liability which may have been adopted by the Florida Legislature in Section 768.28, Florida Statutes, or other statute, and nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the Doctrine of Sovereign Immunity or by operations of law. GOVERNING LAW: All applicable local and state laws, rules, and regulations shall govern the Municipalities and the County. Venue for any action arising out of this Agreement shall lie in Okaloosa County. SEVERABILITY: If any provision hereof is in conflict with any applicable statute, rule, regulation or is otherwise unenforceable, then such provision shall be null and void to the extent of such conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. CONSTRUCTION: The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provision of this Agreement. AUTHORITY: The execution of this Interlocal Agreement has been duly authorized by the appropriate official action of each party hereto, each party has complied with all requirements of law, and each party has full power and authority to comply with the terms and provisions of this Agreement. This Agreement shall bind the successors, assigns, and legal representatives of the parties. In consideration of the mutual covenants and promises hereinafter contained to be kept and performed by the parties hereto, for the mutual benefit of the Municipalities, their constituents and the County, and its constituents, it is agreed that the six cents local option gas tax imposed in accordance with Ordinance Nos. 87-13 and 03-14 shall be divided among and distributed to the County and eligible Municipalities in Okaloosa County for the purposes of transportation expenditures as set forth in Section 336.025, Florida Statutes, by the Florida Department of Revenue as follows: RECIPIENT SHARE OF PROCEEDS Cinco Bayou 0.4252 % Crestview 8.6734 % Destin 8.7925 % Fort Walton Beach 10.8840 % Laurel Hill 0.5102 % Mary Esther 2.2109 % Niceville 4.8463 % Shalimar 0.6803 % Valparaiso 2.9762 % Okaloosa County 60.0000 % AMENDMENTS: This Agreement may be modified only by the mutual written consent of all parties This Agreement and any amendments hereto, shall be filed with the Clerk of the Circuit Court for Okaloosa County, Florida, as required by Section 163.01(11), Florida Statutes. This Agreement shall be effective for the distribution of the six cents local option gas tax through the 2014 calendar year or until recalculated as required pursuant to the provisions of Section 336.025, Florida Statutes. IN WITNESS WHEREOF, the County and the Municipalities have caused this Agreement to be duly executed and entered into on the date first above written. OKALOOSA COUNTY, FLORIDA By: Chairman ATTEST: Clerk of Circuit Court ATTEST: City Clerk ATTEST: City Clerk ATTEST: City Clerk ATTEST: City Clerk TOWN OF CINCO BAYOU, FLORIDA By: Mayor CITY Soil (ha FLORIDA re CITY OF DESTIN, FLORIDA By: Mayor CITY OF FORT WALTON BEACH, FLORIDA By: Mayor CITY OF LAUREL HILL, FLORIDA By Mayor ATTEST: City Clerk ATTEST: City Clerk ATTEST: City Clerk ATTEST: City C lerk CITY OF MARY ESTHER, FLORIDA Mayor CITY OF NICEVILLE, FLORIDA By: Mayor TOWN OF SHALIMAR, FLORIDA By: Mayor CITY OF VALPARAISO, FLORIDA By: Mayor