1994-05
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RECEIVED
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FEB 10 1994
INTERLOCAL AGREEMENT
COUNTY ATTORNEY'S OFFICE
THIS AGREEMENT, entered into this
12th
day of August, 1986
by and between the Board of County Commissioners of Lake County,
Florida,
hereinafter
referred
to
as
County,
and
the
Municipalities who have
signed
this
Agreement,
hereinafter
referred to as Municipalities.
WHEREAS, Flor ida Statu te 336.025 allows counties to impose
additional local option gas taxes to be used for transportation
expenditures; and
WHEREAS, in 1984 and in 1985, the County levied local option
gas taxes in the total amount of four cents on each and every
gallon
of
motor
fuel
and
special
fuel
sold
in
Lake
County,
Florida,
and
taxed
pursuant
to
Chapter
206
of
the
Florida
Statutes; and
WHEREAS, those previous four cents were distributed pursuant
to
a
formula
adopted
by
an
Interlocal
Agreement
between
the
County
and
Municipalities
representing
more
than
half
of
the
persons living within Municipalities in Lake County, Florida; and
WHEREAS,
the County wishes
to
increase
the
tax
beginning
September 1, 1986 -by an additional -two-ce-ñt-s-;"and
WHEREAS, Flor ida Statute 336.025 allows the County and one
or more Municipalities within Lake County representing a majority
of the population of the incorporated area within Lake County to
adopt by Interlocal Agreement a distribution formula for dividing
the
proceeds
of
the
tax
among
the
County
and
all
eligible
Municipalities; and
WHEREAS,
the
County and Municipalities wish
to have
this
additional two cents (fifth and si~th c=nt loca1 option gas tax)
distributed as provided in this Interlocal Agreement.
NOW THEREFORE, it is agreed as follows:
1.
This
Agreement
is
entered
into
by
County
and
Municipalities pursuant to Florida Statute 336.025 and 163.01.
2.
This Agreement shall have no effect upon the first four
cents of local option gas tax adopted pursuant to Florida Statute
336.025 and the distribution of such proceeds.
It is intended
Interlocal Agreement
Page 1
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that the previous Interlocal Agreement distribution formula
adopted by County and Municipalities shall continue to govern for
distribution of those original four cents gas tax.
3.
Proceeds of the fifth and sixth cent local gas option
tax, which shall be effective September 1, 1986 and continue for
a period of thirty (30) years, pursuant to Lake County Ordinance,
shall
be
divided
among
Lake
County
and
the
eligible
Municipalities in Lake County in the following percentages:
Lake County
Leesburg
Clermont
Mount Dora
Eustis
Tavares
Umatilla
Astatula
Montverde
Minneola
Lady Lake
Fruitland Park
Groveland
Mascotte
Howey-in-the-Hills
69.04%
7.60%
3.20%
3.35%
6.34%
3.19%
1.11%
.51%
.24%
.50%
1.14%
1.41%
1.13%
.88%
.36%
4.
This Agreement may be modified only if agreed
to in
writing by County and Municipalities representing a majority of
the
population
of
the- incorporated
area
within
Lake
County,
Florida.
This Agreement Æntered into on the da~and date first-above
written.
Nunc pro tunc August )2, 1986.
LAKE COUNTY BOARD OF COUNTY
COMMISSIONERS
~~L!~
Catherine C. Hanson, Chairman
ATTEST:
J ~ ~Tt::. ~ r~~ ~eK-
Bo~rd of CGunty Coü~issionets of
Lake County, Florida
This ~ day of ~~6
, 1994.
APPROVED AS TO FORM AND
~
LEGALITY:
City of Clermont
Interim County Attorney
SAM/bc/8
Interlocal Agreement
Page 2
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RESOLUTION
1986-42
WHEREAS, Florida Statute 336.025 allows the Board of County
Commissioners to adopt a one, two, three, four, five or six cent
local option gas tax on every gallon of motor fuel and special
fuel sold in Lake County, Florida, and
WHEREAS,
said
statute
requires
that
if
an
interlocal
agreement has not been executed by cities representing a majority
of
those persons
living
in the
incorporated areas within Lake
County and Lake County by July 15th,
that the County Commission
must adopt a Resolution of intent to levy the tax allowed under
the statute, and
WHEREAS, the Board of County Commissioners wishes to adopt
the fifth and sixth cent tax making a total of six cents local
option gas tax in Lake County, Florida.
NOW,
THEREFOFE,
BE
IT
FF.SOLVED
by
the
Board
of
County
Commissioners of Lake County, Florida:
1.
That
this
Resolution
is
adopted
pursuant
to
Florida
Statute 336.025 (3)( a)( 2)
and
j s an expr-ess ion of the in ten t or
the Board of County Commissioners
to levy the fifth and sixth
cent local option gas tax pursuant to said statute.
2.
Should
no
interloca1
agreement
be
adopted
prior
to
August 15th of this year, distribution proportions for said tax
shall be as estahlishen in Florida Statute.
DONE AND RESOLVED in regular session by the Board of County
Commissioners
of
Lake
County,
Florida,
this
1 ')
day
of
July
, 1986.
"
L~FE COUNTY BOAFD OF COUNTY
COMMISSIONERS
~.u~ .p
MES R. CAR
ATTEST:
d¿.,l 'A"-,, Q ,;'~'
JAMES 9. WATKI~~, CLC~K
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ORDINANCE 1986 - 4
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AU ORDHfANCE ADOPTED PURSUANT TO FLORIDA. S~TUTE~
3.36.025; IHPOSIHG AU ADDITIONAL :;-CEH'I' (TWO) tppCAL ~
OPTION GAS TAX TO MAKE Ã TOT^L 6-(ENTS (SIX) ~CAL
OPTION GAS TAX UPON EVERY GALLON OF MOTOR FUEL~ND ..t--
SPECIAL FUEL SOLD IN LAKE COUNTY, FLORIDA. AND T~ED ~
UNDER THE PROVISIONS OF CHAPTER 206, FLORIDA STATUT~; ---'t
ESTABLISHING A DURATION OF THIRTY YEARS FOR SUÇH 0;
;:'DDITIONAL TAX; PROVIDING FOR ;'N APPLICABLE METHOD crþ ;~
Dr STRIBUTION OF SUCH ADDITIONAL TAX BETWEEtl LAKE COüNT~
AND ELIGIBLE ~UNICIPALITIES LOCATED IN LAKE COUNTY;
PROVIDING AN EFFECTIVE DATE; PROVIDIt:G À. SEVERANCE
CLAUSE.
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WHEREAS. Flor~da S~a~u~e 336.0:5
allows ~he
:J°ver:u. ng body
or a
Coun~y to ixpose in aãdi~ion to o~hèr ~axes allowed ty law,
a ~ne-cent, two-cent, thr€c-c€~t.
f:>ur-cenc.
f1..ve-cen~
or S1..X-
CI.;:1~ ::"acal
option gas
tax upon
¿very gallon
of ~otor fuel anã
~pe=~al fuel sold in that Coun~y and taxeã
unèe( Chapcèr
206 of
Ln~ Florida S~~tUt~S, a~d
WHEREAS, the
Board of
Co~nty Co~~issio~ers of Lake County.
flc:-:..da has
prev1..ously imposed
iour-c:..mts of
saiå local option
~as tax in Ord1..nanCES 19B4-5 and 19~5-15, and
IJHEP,EAS, the
Boa:-å of
Col:nt:y Co!1.missloners of Lake Ccur.t:y,
:l~:-lda nas now àetermi~ed t~a~
~t
lS
ne~e~sary
co
l:npose a::
ad¿~tlOnal ~wo-cent local op~io~ gas ~ax in Lake County, Florida.
t:>
::1aY.ë
a
total
ot
S1..:<-cencs,
to
pro'/ide
ITìor.les
fer
che
cor.s truc t ion
and
maintenance
of
roads
and
for
oth¿r
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transportation expenses as defi~e¿
in
Florida
St.atutè 336.0::5.
anå
WHEREAS,
Ht.:nicipalities
loca~¿å
lr'.
Lak.:
County, Florida
representing a majority of the population
living in lncorporated
areas
have
agreed
to
establish
a
èistributlon
formula
tor
dividing the proceeds of
the
fifth
and
~ i ..~ t h
cent
t:ax among
Councy Government and all eligible municipalities in La~e Count:y,
Florida.
tlOW
THEREFORE~
BE
IT
ORDAINED
by
the
Board
or County
Commissioners of Lake County as follows:
Section One:
Beginning
September 1,
1986, and continulng
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~~r_~ y_e~i_°<:i__<:~--~~~!"_~X-.J.~~)_~c:~r_s___ur~t~)- ;'u~\l?-t J9_,-- 2016.. _~_he_rè-
snall be l~posed in addition to all oth~r taxes allowed by law ~n
additional two-cent local option gas tax to make a total
of s:x-
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-:cr:ts local
option gas
tax ,,¡pon
ev¿ry gallon ~f ~ot~r fuel ar:d
~péclal fuel solå in
Lake County,
Flor::.àa. a:-:å
taxed under the
~rCVlSlons of Chapter 206. Floriåa Statutes.
Section Two:
The aåditlonal two-c¿nt tax shall be collecteà
ir: the mar:ner provided by F1crlda Stat~t¿s 336.025(~).
Section Three:
The proc~¿ds of the adåltional
two-cent tax
shall
be
distributee:.
as
provij¿d
in the Interlocal Agreement
..:nter~d inte
betwc¿n Lake
County and
ttunicipalities located in
L3ke County,
Florida representing
a !""a j 0 r it 'J
of the population
llving
in
incorporated
areas
pursuant
to
Florida
Statute
J36.025(3)(a){1).
The percentages of the additional two-cent gas
tax that Lake County
and
each
eliglble
City
will
receive as
:ollows:
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Lake County
Leesburg
Clermont
Nount Dora
Eustis
Tavares
Umatilla
Astatula
Hontverde
1'1inne01 a
Lady Lake
Fruitland Park
Groveland
Hascotte:
Howey~~~~~~e-Kills
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69.04%
ï.60%
3.20%
3.35%
6.34"6
3.19%
1.11%
.51%
.~4%
.50%
1.14%
1.41%
1.13%
.88%
~. 36\~
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t:othi¡¡g in
this Ordinance
shall affect tDe distribution ot
t::-.¿
first
four-cents
local
Opt:lr...¡¡
gas
tax
as
adopted
lr1
Oråi~ances 1984-5 and 1985-15.
Section
Fo\.:r.
The'
Clerk
ot
the
Board
ot
County
Co~~issioners is directed to proviãe
a
certified
copy
of this
Ordlnance and
of the
.
Incer1ocal Agreement
to th~ D~parcment or
/
Revenue prior t9 August 15, 19~6.
Section Five.
Proceeàs of che
addicional two-Cc~t
gas t a:-:
shall be used by Lake County anà eligible municipalicies only tor
cra~sportation expenses as è¿rined in Flcrida Scatute 336.025.
Scctl.on Six.
If any Section
or part
ot a
Section of tn::.s
vr¿ ir.ance shall
be held
invallà,
toe rè~aining porcions of th:s
Orà:.nanc.e- shall-not- be - ..affected --but--snall--remain
in full' f'orce
anå effect.
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S '.= :- t ~ 0 r. :3 è "¡ L' r¡ :
:::-st a::å.
:::::l";/ r¿aà~n9
::1:3:::=:,
Sta1:U :: :lcr~å~.
~üt1E:
.:.tfD
úRr)ÀI![ED
~~g~_ar seSS10n cf ~he
'.: 0 L::-. ~ y ,
Florida.
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Thl.S
\
ùr~lnar.c~ sr.all ~c~~~ê ~fi~c~lVë ~po~
and upon
illlng W1Ù1
tné Department of
(:1:5
12
-:1.ay
:;£ August:,
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Beard
or
l G...lr. t":l
-':::>r.,:'.lss10ners
LAKE COUNTY BOARD OF
COUl1TY Cúl111ISSIOJŒRS
~ '£J,¡;~-..~~),.
~ Ca~so~, Jr., Chairman
:'~~6 :::
of Lakt:
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County Attorney
315 WEST MAIN STREET
TAVARES, FLORIDA 32778
PHONE. 904-343-9787
SUNCOM: 659-1787
FAX' 904-343-9646
February ll, 1994
Leonard H. Baird, Jr., Esquire
Post Office Box l2l066
Clermont, Florida 34712
RE:
Interlocal Agreement Between Lake County and City of
Clermont Relating to the Two Cent Local Option Gas Tax
Dear Lenny:
Enclosed please find a fully executed copy of the above-referenced
Agreement.
FTGjqsd
Enclosure
/ltrs1/baird.ftg
DISTRICT ONE
RHONDA H GERBER
DISTRICT TWO
DON BAILEY
DISTRICT TH REE
RICHARD SWARTZ
DISTRICT FOUR
CATHERINE C, HANSON
DISTRICT FIVE
WELTON G, CADWELL