21-24RESOLUTION NO. 21-24
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, APPROVING THE INTERLOCAL AGREEMENT
REGARDING THE DISTRIBUTION AND UTILIZATION OF
THE LOCAL OPTION FUEL TAX THAT MAY BE LEVIED BY
PINELLAS COUNTY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, this Interlocal Agreement ("Interlocal Agreement") is authorized
by § 336.025, Florida Statutes, and other applicable law; and
WHEREAS, § 336.025(1)(b), Florida Statutes, authorizes the imposition of a local
option fuel tax of up to five cents ($0.05) upon every gallon of motor fuel and diesel fuel
sold in the County and taxed under the provisions of Chapter 206, Florida Statutes; and
WHEREAS, that section also provides that this tax may be extended or the
distribution changed in the manner set forth herein; and
WHEREAS, there continues to be a need within Pinellas County for the County
and the Municipalities to have access to additional funds to be used for transportation
expenditures needed to meet the requirements of the capital improvements element of
an adopted comprehensive plan or for expenditures needed to meet immediate local
transportation problems and for other transportation -related expenditures that are critical
for building comprehensive roadway networks by local governments as authorized by §
336.025(1)(b), Florida Statutes; and
WHEREAS, the Board of County Commissioners will consider levying the local
option fuel tax as authorized by § 336.025(1)(b), Florida Statutes, ("5¢ Local Option Fuel
Tax") on or before September 30, 2021; and
WHEREAS, the purpose and intent of this Interlocal Agreement is to establish a
plan for the administration and expenditure of the proceeds of the 5¢ Local Option Fuel
Tax, and as required by § 336.025(1)(b)2., Florida Statutes, to establish a distribution
formula by determining the division of the proceeds from the 5¢ Local Option Fuel Tax.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City Council of the City of Clearwater hereby approves the
Interlocal Agreement regarding the Local Option Fuel Tax distribution and utilization as
attached and incorporated hereto as Exhibit A.
Section 2. This resolution shall take effect immediately upon adoption.
Resolution No. 21-24
PASSED AND ADOPTED this 20th day of May, 2021.
Approved as to form:
k -
Pamela K.
City Attorney
Frank Hibbard
Mayor
Attest:
,k. CA-UVl aJk (2 (.1-i
Rosemarie Call
City Clerk
2 Resolution No. 21-24
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT made and entered into as of the day of
, 2021, by and between Pinellas County, a political subdivision of
the State of Florida (the "County") and the municipalities that are parties hereto within Pinellas
County representing a majority of the population of the incorporated area of Pinellas County, as
listed on the signature pages hereto (the "Municipalities").
WITNESSETH:
WHEREAS, this Interlocal Agreement ("Interlocal Agreement") is authorized by §
336.025, Florida Statutes, and other applicable law; and
WHEREAS, § 336.025(1)(b), Florida Statutes, authorizes the imposition of a local
option fuel tax of up to five cents ($0.05) upon every gallon of motor fuel and diesel fuel sold in
the County and taxed under the provisions of Chapter 206, Florida Statutes; and
WHEREAS, that section also provides that this tax may be extended or the distribution
changed in the manner set forth herein; and
WHEREAS, there continues to be a need within Pinellas County for the County and the
Municipalities to have access to additional funds to be used for transportation expenditures needed
to meet the requirements of the capital improvements element of an adopted comprehensive plan
or for expenditures needed to meet immediate local transportation problems and for other
transportation -related expenditures that are critical for building comprehensive roadway networks
by local governments as authorized by § 336.025(1)(b), Florida Statutes; and
WHEREAS, the Board of County Commissioners will consider levying the local option
fuel tax as authorized by § 336.025(1)(b), Florida Statutes, ("5¢ Local Option Fuel Tax") on or
before September 30, 2021; and
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Exhibit A
WHEREAS, the purpose and intent of this Interlocal Agreement is to establish a plan for
the administration and expenditure of the proceeds of the 50 Local Option Fuel Tax, and as
required by § 336.025(1)(b)2., Florida Statutes, to establish a distribution formula by determining
the division of the proceeds from the 50 Local Option Fuel Tax.
NOW, THEREFORE, in consideration of the premises and of the mutual benefit, and in
consideration of the covenants and agreements set forth herein, the County and the Municipalities
agree as follows:
1. DISTRIBUTION. The 50 Local Option Fuel Tax imposed by the County upon
every gallon of motor fuel and diesel 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, for subsequent allocation and disbursement to the Municipalities and the County in
accordance with the distribution formula attached hereto as Appendix "A" and incorporated by
reference herein.
2. UTILIZATION OF FUEL TAXES. The County and the Municipalities agree that
the moneys received from the 50 Local Option Fuel Tax, or the proceeds of any revenue bonds
secured thereby, shall only be utilized as authorized by § 336.025(1)(b), Florida Statutes.
3. NEW INTERLOCAL AGREEMENT. This Interlocal Agreement, and any
distribution hereunder, has no effect on any distribution under the terms of the interlocal agreement
dated December 21, 2005 (as it has been amended from time to time) relating to the local option
fuel tax authorized by § 336.025(1)(a), Florida Statutes.
4. ABILITY TO PLEDGE. The parties' respective portions of the 50 Local Option
Fuel Tax may be pledged by the County or the Municipalities to secure revenue bonds or other
obligations for the purposes set forth in Section 336.025, Florida Statutes, and as set forth in this
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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 Interlocal
Agreement which provides for payment with their respective share of the 5¢ Local Option Fuel
Tax.
5. NEW MUNICIPALITIES. 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 5¢ Local Option Fuel Tax under Parts II and VI of Chapter
218 may become a party hereto, but only in accordance with § 336.025(4)(b), Florida Statutes.
6. AMENDMENT. This Agreement may be amended in writing upon the express
formal consent of the governing bodies of all the parties.
7. EFFECTIVE DATE. This Interlocal will be effective for the purposes stated herein
on January 1, 2022 and will expire on December 31, 2032.
8. TERMINATION IF NO LEVY. This Interlocal will automatically terminate in the
event that the County does not adopt an ordinance levying 5¢ Local Option Fuel Tax (in whole or
in part) on or before September 30, 2021.
9. PERIODIC REVIEW. The County and Municipalities shall review the distribution
formula for the 5¢ Local Option Fuel Tax at least every ten (10) years during the term hereof,
including any extensions of this Interlocal Agreement.
10. FILING INTERLOCAL AGREEMENT. Upon the execution hereof by the duly
authorized representatives of the parties, this Interlocal Agreement shall be filed with the Clerk of
the Circuit Court for recording in the public records of Pinellas County, Florida, as required by §
163.01(11), Florida Statutes.
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IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to
be executed as of the day and year first written above.
ATTEST: PINELLAS COUNTY, FLORIDA, by and
KEN BURKE, CLERK Through its Board of County Commissioners
By: By:
Deputy Clerk Chair
[SEAL]
<ADDITIONAL SIGNATURE PAGES TO FOLLOW >
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IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to
be executed as of the day and year first written above.
ATTEST: TOWN OF BELLEAIR
By: By:
City Clerk Mayor
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IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to
be executed as of the day and year first written above.
ATTEST: CITY OF BELLEAIR BEACH
By: By:
City Clerk Mayor
Page 6 of 29
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IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to
be executed as of the day and year first written above.
ATTEST: CITY OF BELLEAIR BLUFFS
By: By:
City Clerk Mayor
Page 7 of 29
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IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to
be executed as of the day and year first written above.
ATTEST: TOWN OF BELLEAIR SHORE
By: By:
City Clerk Mayor
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IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to
be executed as of the day and year first written above.
ATTEST: CITY OF CLEARWATER
By: By:
City Clerk
Doc No 324506
City Manager
COUNTERSIGNED:
By:
Mayor
APPROVED AS TO FORM
By:
City Attorney
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IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to
be executed as of the day and year first written above.
ATTEST: CITY OF DUNEDIN
By: By:
City Clerk Mayor
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IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to
be executed as of the day and year first written above.
ATTEST: CITY OF GULFPORT
By: By:
City Clerk Mayor
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IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to
be executed as of the day and year first written above.
ATTEST: CITY OF INDIAN ROCKS BEACH
By: By:
City Clerk Mayor
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IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to
be executed as of the day and year first written above.
ATTEST: TOWN OF INDIAN SHORES
By: By:
City Clerk Mayor
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IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to
be executed as of the day and year first written above.
ATTEST: TOWN OF KENNETH CITY
By: By:
City Clerk Mayor
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N WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to
be executed as of the day and year first written above.
ATTEST: CITY OF LARGO
By: By:
City Manager Mayor
[SEAL]
Reviewed and approved:
By:
City Attorney
ATTEST:
By:
City Clerk
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IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to
be executed as of the day and year first written above.
ATTEST: CITY OF MADEIRA BEACH
By: By:
City Clerk Mayor
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IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to
be executed as of the day and year first written above.
ATTEST: TOWN OF NORTH REDINGTON BEACH
By: By:
City Clerk Mayor
Page 17 of 29
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IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to
be executed as of the day and year first written above.
ATTEST: CITY OF OLDSMAR
By: By:
City Clerk Mayor
APPROVED AS TO FORM
By:
City Attorney
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IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to
be executed as of the day and year first written above.
ATTEST: CITY OF PINELLAS PARK
By: By:
City Clerk Mayor
APPROVED AS TO FORM AND CONTENT
By:
City Attorney
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IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to
be executed as of the day and year first written above.
ATTEST: TOWN OF REDINGTON BEACH
By: By:
City Clerk Mayor
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IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to
be executed as of the day and year first written above.
ATTEST: TOWN OF REDINGTON SHORES
By: By:
City Clerk Mayor
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IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to
be executed as of the day and year first written above.
ATTEST: CITY OF SAFETY HARBOR
By: By:
City Clerk Mayor
APPROVED AS TO FORM
By:
City Attorney
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IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to
be executed as of the day and year first written above.
ATTEST: CITY OF ST. PETE BEACH
By: By:
City Clerk Mayor
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IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to
be executed as of the day and year first written above.
ATTEST: CITY OF ST. PETERSBURG
By: By:
City Clerk Mayor
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IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to
be executed as of the day and year first written above.
ATTEST: CITY OF SEMINOLE
By: By:
City Clerk Mayor
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IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to
be executed as of the day and year first written above.
ATTEST: CITY OF SOUTH PASADENA
By: By:
City Clerk Mayor
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IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to
be executed as of the day and year first written above.
ATTEST: CITY OF TARPON SPRINGS
By: By:
City Clerk Mayor
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IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to
be executed as of the day and year first written above.
ATTEST: CITY OF TREASURE ISLAND
By: By:
City Manager Mayor
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EXHIBIT A
Pinellas County Local
Government
5¢ LOFT Allocation
Pinellas County
60.00%
Belleair
0.23%
Belleair Beach
0.09%
Belleair Bluffs
0.12%
Belleair Shore
0.01%
Clearwater
6.69%
Dunedin
2.14%
Gulfport
0.71%
Indian Rocks Beach
0.24%
Indian Shores
0.08%
Kenneth City
0.29%
Largo
4.79%
Madeira Beach
0.25%
North Redington Beach
0.09%
Oldsmar
0.85%
Pinellas Park
3.07%
Redington Beach
0.09%
Redington Shores
0.12%
Safety Harbor
1.00%
St. Pete Beach
0.54%
St. Petersburg
15.33%
Seminole
1.12%
South Pasadena
0.29%
Tarpon Springs
1.47%
Treasure Island
0.39%
GRAND TOTAL
100.00%
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