INTERLOCAL AGREEMENT RE IMPOSITION OF LOCAL OPTION GAS TAX RECORDED 02/17/92 OR 7815 PG 848
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INSTil' <'2..044:,U'i'
FED 17. 1992 11:33AM
PINELLAS CUUNTY FLA.
OFF,REC.DK 7815 PG 848
INTERLOCAL AGREEMENT
This Interlocal Agreement made and entered into as of the
lst day of July, 1991, by and between Pinellas county, Florida (the
"county") through its Board of County commissioners (the "Board")
and municipalities within Pinellas County representing a majority
vI RE~qRLNl; of the
REcl!::: '
os - listed
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population of the incorporated area of pine lias County as
on the signature pages hereto (the "Municipalities"):
WIT N E SSE T H:
WHEREAS, this Agreement is authorized by Section 336.025,
Florida
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relTAl. 0,
Statutes, and other applicable law; and
I-IHEREAS, ,Section 336.025, Florida Statutes, authorizes in
oH
addition to other taxes allowed by law the imposition of
local
option gas tax of up to six cents (6el upon every gallon of motor
fuel sold in the County and taxed under the provisions of Chapter
206, Florida Statutes; and
WHEREA~, that section also provides that this tax may be
extended or the tax rate changed in the manner set forth; and
I<HERE.l\S, the Board has on June 18, 198 5, levied and
imposed a four cent (4e) per gallon local option gas tax (the
"original.Local Option Gas Tax") by Ordinance No. 85-14 pursuant to
Section 3]5.025, Florida statutes, effective from September 1, 1985
through and including August 31, 1995; and
I-IHEREAS, the Board in accordance with that ordinance
established an Interlocal Agreement between the Board and the
Municipalities dated June 18, 1985 (the "Original Interlocal")
ce ii, '
~ ~ Original Local Option Gas Tax;
which
determined
the
initial
method and distribution of the
and~~!F RETURN~O?h:)/ (f/J/)'
Records De artment .. / .
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WHEREAS, thereafter the Board extended by Ordinance No.
87-46 the period for the levy of, the local option gas tax and
increased the local option gas tax rate from four cents (4C) to six
cents (6C) (the "six Cents Local option Gas Tax") for the period
.from September I, 1987 through August J1, 1995; and additionally
imposed the six cents (6C) local option gas tax from September I,
1995 until August Jl, 1997 (the "Increased Local option Gas Tax")
(collectively, the Increased Local option Gas Tax and the six Cents
Local option Gas Tax shall hereinafter be referred to as the
"Additional Local option Gas Tax"); and
\-IHEREAS, the Board established an Interlocal Agreement
between the Board and the Municipalities dated May 19, 1987 (the
"Second Inter loca I") which by its terms governs the distr ibution of
the Additional Local Option Gas Tax, and which Second Interlocal
has by its terms an effective period from September 1, 1987 through
August JI, 1997; and
WHEREAS, the Board has indicated by Resolution No. 91-160
an intention to extend the Additional Local option Gas Tax on each
gallon of motor fuel for an additional period of ten (10) years
from September I, 1997 through August J1, 2007 (the "Extended Local
Option Gas Tax"); and
WHEREAS, there exists a need within Pinellas County for
additional funds to be used for transportation expenditures
permitted by Section JJ6.025(7), Florida Statutes; and
WHEREAS, the County and the Municipalities are desirous
of insuring a stable and sufficient revenue flow from the local
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I PINLLLAS COUNTY FLA.
OFF.REC,DK 7815 PG 850
option ga~ tax proceeds both in terms of the amount and the period
of the levy, in order to have such wonies available for the payment
of obligatlOns incurred by the County and the Municipalities; and
WHEREAS, the 1990 Census figures are now available and a
current, fair and equitable distribution formula to both the county
and the Municipalities may be based thereon and agreed upon herein;
and
WHEREAS, the purpose and intent, of this Interlocal
Agreement is to establish a current plan for the continued
administration and expenditure of the proceeds of the Original
Local option Gas Tax, the Additional Local option Gas Tax, and the
Extended Local option Gas Tax (collectively, the "Total Local
option Gas Tax") and to mandate a new distr ibution formula by
redetermining the division of the proceeds from the Total Local
option Gas Tax among the County and the Municipalities.
NOW, THEREFORE, in consideration of the premises and of
the mutual benefit, and in consideration of the covenants and
agreements set forth here in, the County and the Municipal i ties
agree as follows:
SECTION 1.
PRIOR PLEDGE OF LOCAL OPTION GAS TAX
PROCEEDS UNAFFECTED HEREBY.
Nothing in this Interlocal Agreement
shall under any circumstances materially or adversely affect the
rights of holders of any bonds or other such debt which have
pledged as security therefore the original Local option Gas Tax or
the Additional Local option Gas Tax, and the covenants regarding
such pledge and the pledge itself shall not be affected hereby~
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1 PINELLAS CDUNTY FLA.
_ DFF.REC.BK 7815 PO 851
Furthermore, the amounts distributed hereunder of the Total Local
~ption Gas Tax shall not be reduced by virtue of or due to the
terms of this InterlocalAgreement below the amount pledged for the
payment of principal, interest, and reserves as required under the
covenants of any bond resolution or indenture outstanding on the
date of establishment of this Interlocal Agreement.
SECTION 2.
DISTRIBUTION. The Total Local Option Gas
Tax imposed by the County upon every gallon of motor fuel sold in
the County and taxed under the provisions of Chapter 206, Florida
Statutes, shall be distributed by the State Department of Revenue
directly to the County, by and through the Board for placement in
the Local Option Gas Tax Trust Fund Account for subsequent
allocation and disbursement to the Municipalities and the County in
accordance with the distribution formula attached hereto as
Appendix "A" and incorpor9ted by reference herein.
SECTION J.
USE OF TAXES.
The County and the
Municipalities agree that the monies received from the Total Local
Option Gas Tax and the proceeds of any revenue bonds issued which
are secured by the Total Local Option Gas Tax shall be used and
expended only for those purposes authorized by Section 336.025(7).
Florida Statutes, as amended.
SECTION 4.
PRIOR INTERLOCALS SUPERSEDED. The county
and the Municipalities agree that the Board shall administer the
allocation of estimated cash receipts and shall distribute the
proceeds of the Total Local Option Gas Tax in the form of cash
payment to the Municipalities and the County in accordance with the
distribution formula in Appendix A. The distribution terms of this
Interlocal Agreement shall supersede the distribution formulas
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I PINELLAS COUNTY FLA.
- OFF.r\EC.DI'; 7Ul~) r'(J U52
contained in the Or ig ina 1 Inter loca 1 Agreement and the Second
Interlocal Agreement, and the distribution of the Total Local
Option Gas Tax proceeds shall be governed specifically by the terms
of this Interlocal Agreement as of the effective date hereof
(January I, 1992). During the period between when this Interlocal
Agreement is approved by the parties hereto and the effective date
hereof, the original Local Option Gas Tax and the Additional Local
option Gas Tax shall be distributed in accordance with the Second
Interlocal. The parties hereby agree that all distributions which
have been undertaken pr ior to the date hereof are proper and
acceptable and the parties hereby waive any right to dispute any
amounts previously distributed.
SECTIOlI 5.
AS ILITY TO PLEDGE. The parties respective
portions of the Total Local Option Gas Tax may be pledged by the
County or the Municipalities to secure revenue bonds or other
obligations for the purposes set forth in section 3J6.025, Florida
statutes, and as set forth in this Agreement. The County and the
Municipalities may also develop, implement and administer any other
program or financial arrangement in accordance with applicable law
and this Agreement which provides for payment with their respective
share of the Total Local Option Gas Tax.
SECTION 6.
EXPENDITURE ONLY ON PROJECTS IN PLAN. The
County and the Municipalities agree that the projects constructed
with the Total Local Option Gas Tax revenues shall be limited to
those contained in the Long Range Year 2010 Transportation Plan
developed pursuant to Section JJ9.175, Florida Statutes, and
adopted by the pinellas County Metropolitan Planninq Organization
on October 26, 1984.
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1 PINELLAS COUNTY FLA.
DFF.REC.BK 7815 PO 853
~ECTION 7.
NEW ~UNICIP."LITIES.
Any municipality
which may become newly incorporated in the County after the
effective date hereof and which is eligible for participation in
the distribution of the proceeds of the Total Local Option Gas Tax
under Parts II and VI of Chapter 218 may become a party hereto but
only in accordance with Section ]36.025(4) (b), Florida statutes.
SECTION 8.
AMENDMENT. This Agreement may be amended
in writing upon the express formal consent of the governing bodies
of all the parties.
SECTION 9.
This Agreement
TERMINATION IF NO LEVY.
shall automatically terminate in the event that the Board does not
adopt an ordinance imposing the Extended Local Option Gas Tax
pursuant to Section 336.025, Florida Statutes, on or before January
1, 1992.
SECTION 10.
EFFECTIVE DATE. This Agreement shall be
effective for the purposes stated herein on January 1, 1992, and
except as otherwise provided herein, shall expire on August ] 1,
2007.
IN WITNESS WHEREOF, the parties hereto have caused this
Interlocal Agreement to be executed as of the day and year first
above '....ritten.
ATTEST
KARLEEN F. DeBLAKER, CLERK
PINELLAS COUNTY, FLORIDA, by
and through its Board of County
commissioners
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PINELLAS COUNTY FLA.
OFF.REC.BK 7815 PG 854
ATTEST :.
CITY
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ATTEST: CITY OF BELLEAIR BEACH
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ATTEST: CITY OF BELLEAIR BLUFFS
By: By:
City Clerk: Mayor
[SEAL]
ATTEST: CITY OF BELLEAIR SHORE
By: By:
city Clerk: Mayor
[SEAL]
ATTEST: CITY OF CLEARWATER
By: By:
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(SEAL]
ATTEST: CITY OF DUNEDIN
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PINELLAS COUNTY FLA.
OFF.REC.BK 7815 PG 855
CITY OF BELLEAIR
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CITY OF CLEARWATER
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CITY OF DUNEDIN
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PINELLAS COUNTY FLA.
OFF.REC.BK 7815 PG 856
CITY OF BELLEAIR
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CITY OF BELLEAIR BEACH
By:
Mayor
CITY OF BELLEAIR BLUFFS
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CITY OF BELLEAIR SHORE
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CITY OF CLEARWATER
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CITY OF DUNEDIN
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CITY OF BELLEAIR
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PINELLAS COUNTY FLA.
OFF.REC.BK 7815 PG 858
CITY OF BELLEAIR
By:
Mayor
CITY OF BELLEAIR BEACH
By:
Mayor
CITY OF BELLEAIR BLUFFS
By:
Mayor
CITY OF BELLEAIR SHORE
By:
Mayor
By:
Mayor
Rita Garvey
CITY OF DUNEDIN
By:
Mayor
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ATTEST:
By:
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PINELLAS COUNTY FLA.
OFF.REC.BK 7815 PG 859
CITY OF BELLEAIR
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Mayor
CITY OF BELLEAIR BEACH
By:
Mayor
CITY OF BELLEAIR BLUFFS
By:
Mayor
CITY OF BELLEAIR SHORE
By:
Mayor
CITY OF CLEARWATER
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I PINELLAS COUNTY FLA.
DFF.REC.BK 7815 PO 860
ATTEST: '
CITY OF GULFPORT
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ATTEST: CITY OF INDIAN ROCKS BEACH
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City Clerk: Mayor J
[SEAL]
ATTEST: CITY OF INDIAN SHORES
By: By:
City Clerk Mayor
(SEAL]
ATTEST: CITY OF KENNETH CITY
By: By:
City Clerk Mayor
[SEAL]
ATTEST: CITY OF LARGO
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City Clerk: Mayor
(SEAL]
ATTEST: CITY OF MADEIRA BEACH
By: By:
City Clerk: Mayor
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PINELLAS COUNTY FLA.
OFF,REC.BK 7815 PG 861
CITY OF GULFPORT
By:
Mayor
By:
CITY
CITY OF INDIAN SHORES
By:
Mayor
CITY OF KENNETH CITY
By:
Mayor
CITY OF LARGO
By:
Mayor
CITY OF MADEIRA BEACH
By:
Mayor
BEACH
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PINELLAS COUNTY FLA.
OFF.REC.BK 7815 PG 862
CITY OF GULFPORT
By:
Mayor
CITY OF INDIAN ROCKS BEACH
By:
Mayor
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Mayor
Robert G. McEwen
CITY OF KENNETH CITY
By:
Mayor
CITY OF LARGO
By:
Mayor
CITY OF MADEIRA BEACH
By:
Mayor
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ATTEST:
By:
City Clerk:
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ATTEST:
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PINELLAS COUNTY FLA.
OFF .1'~1'::c, DI\ 1'1315 PD B63-
CITY OF GULFPORT
By:
Mayor
CITY OF INDIAN ROCKS BEACH
By:
Mayor
CITY OF INDIAN SHORES
By:
Mayor
CITY OF KENNETH CITY
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Mayor
CITY OF LARGO
By:
Mayor
CITY OF MADEIRA BEACH
By:
Mayor
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ATTEST:
By:
City Clerk
[SEAL]
ATTEST:
By:
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ATTEST:
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ATTEST:
By:
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I PINELLAS COUNTY FLA.
IJFF.HFC.DI( /1J1~) PO 1J613 ~
CITY OF N. REDINGTON BEACH
By:
Mayor
CITY OF OLDSMAR
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Mayor
CITY OF PINELLAS PARK
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CITY OF REDINGTON BEACH
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CITY OF REDINGTOn SHORES
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Mayor
CITY OF SAFETY HARBOR
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Mayor
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ATTEST:
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I PIN[LL,A~3 CUUNTY,Fl..il.
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OFF. BCC . l! " ,,j
CITY OF N. REDINGTON BEACH
By:
Mayor
CITY OF OLDSMAR
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CITY OF PINELLAS PARK
By:
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CITY OF REDINGTON BEACH
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CITY OF REDINGTON SHORES
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CITY OF SAFETY HARBOR
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PINELLAS COUNTY FLA.
OFF.REC.BK 7815 PG 864
CITY OF GULFPORT
B'I: '
t1ayor
CITY OF INDIAN ROCKS BEACH
By:
Mayor
CITY OF INDIAN SHORES
By:
Mayor
CITY OF KENNETH CITY
By:
Mayor
LARGO
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CITY OF MADEIRA BEACH
By:
Mayor
1 PINELLAS COUNTY FLA.
-OFF.REC.BK 7815 PO 865
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CITY OF GULF PORT
ATTEST:
By:
By:
City Clerk
Mayor
[SEAL]
CITY OF INDIAN ROCKS BEACH
ATTEST:
By:
City Clerk:
[SEAL]
ATTEST:
By:
City Clerk:
[SEAL]
ATTEST:
By:
City Clerk
[SEAL]
ATTEST:
By:
Mayor
CITY OF INDIAN SHORES
By:
Mayor
CITY OF KENNETH CITY
By:
Mayor
CITY OF LARGO
By:
By:
City Clerk:
Mayor
[SEAL]
ATTEST:
CITY OF MADEIRA BEACH
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Mayor
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ATTEST:
By:
City Clerk:
[SEAL]
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PINELLAS COUNTY FLA.
OFF. HFC. Itl, '71315 F'IJ 1366 ~
CITY OF N. REDINGTON BEACH
BY:@ 0 :ayOcP~
CITY OF OLDSMAR
By:
Mayor
CITY OF PINELLAS PARK
By:
Mayor
CITY OF REDINGTON BEACH
By:
Mayor
CITY OF REDINGTON SHORES
By:
Mayor
CITY OF SAFETY HARBOR
By:
Mayor
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ATTEST:
By: '
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City Clerk:,
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PINELLAS COUNTY FLA.
UFF.r~EC"I<I< /Bl~'; PG Ub?_
CITY OF N. REDINGTON BEACH
By:
Mayor
CITY OF PINELLAS PARK
By:
Mayor
CITY OF REDINGTON BEACH
By:
Mayor
CITY OF REDINGTON SHORES
By:
Mayor
CITY OF SAFETY HARBOR
By:
Mayor
ATTEST:
By:
city Clerk
[SEAL]
ATTEST:
By:
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[SEAL]
ATTEST:
By:
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ATTEST:
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OFF .I'~EC. BI\ /01';'; PC, U70.
CITY OF N. REDINGTON BEACH
By:
Mayor
CITY OF OLDSMAR
By:
Mayor
CITY OF PINELLAS PARK
By:
Mayor
CITY OF REDINGTON BEACH
By:
Mayor
CITY OF REDINGTON SHORES
CITY OF SAFETY HARBOR
By:
Mayor
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CITY OF ST. PETERSBURG
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CITY OF ST. PETERSBURG BEACH
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APPENDIX A TO INTERLOCAL AGREEMENT
DATED AS OF JULY 1, 1991
The Municipalities shall be entitled to receive twenty-
five percent (25 %) of the Total Local Option Gas Tax proceeds
r-eceived by the county from the Department of Revenue and the
County shall be entitled to retain seventy-five percent (75%) of
the Total Local Option Gas Tax proceeds. The Municipalities shall
indi vidually be ent i tled to receive the ir following respective
portions of such twenty-five percent:
Municipalitv
Percentage of Total Local
Option Gas Tax to be Receivedl*l
Belleair
Belleair Beach
Belleair Bluffs
Belleair Shores
Clearwater
Dunedin
Gulfport
Indian Rocks Beach
Indian Shores
Kenneth City
Largo
Madeira Beach
N. Redington Beach
Oldsmar
pinellas Park
Redington Beach
Redington Shores
Safety Harbor
st. Petersburg
St. Petersburg Beach
Seminole
South Pasadena
Tarpon Springs
Treasure Island
.0067
.0035
.0036
.0001
.1667
.0574
,0198
.0067
.0024
.0075
.1109
.0071
.0019
.0141
.0733
.0028
.0040
.0255
.4028
,0156
,0156
.0095
.0302
.0123
(*) Effective January 1, 1992
C,IW1>lI o.oocS',K'BC'I:"lT."lO~T:: ~'~'ll TPAS..:GEO:r