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1996-09 Amendment to Interlocal Agmt-Division & Distribution of Procees of Addl Tax on Motor Fuel RESOLUTION NO. 96-09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA AUTHORIZING THE CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF PARKLAND AND BROWARD COUNTY PROVIDING FOR DMSION AND DISTRIBUTION OF THE PROCEEDS OF THE ADDmONAL TAX ON MOTOR FUEL WHEREAS , the City Commission of the City of Parkland, florida finds and determines that it is in the best interest of the citizens of the City to execute the Amendment to the Interlocal Agreement between Broward County and the City of Parkland providing or the division and distribution of the proceeds of the Additional Tax on Motor Fuel: Section 1. The appropriate City Officials are hereby authorized to execute the attached amended Agreement between the City of Parkland, Florida and Broward County, Section 2. That this Resolution shall be in full force and effect immediately upon its passage and adoption, PASSED AND ADOPTED THIS 2ND DAY OF APRIL , 1996. -&&~~ '- 'S:._q_~ {2~ SUSAN ARMSTRONG, C. . CITY CLERK .. AMENDMENT to INTERLOCAL AGREEMENT Between BROWARD COUNTY and CITY OF PARKLAND Providing for DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE AMENDMENT to INTERLOCAL AGREEMENT Between BROWARD COUNTY and CITY OF PARKLAND Providing for DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE THIS AGREEMENT, made and entered into by and between: COUNTY, a political subdivision of the state of hereinafter referred to as "COUNTY," BROWARD Florida, AND CITY OF PARKLAND , a municipal corporation, existing under the laws of the state of Florida, hereinafter referred to as "CITY." WIT N E SSE T H: IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth and pursuant to the authorization of paragraph (1)(b)(2 of Section 336.025, Florida Statutes, the COUNTY and CITY agree as follows: 1. The CITY is a municipality located within Broward County, Florida, and the CITY represents that the CITY is eligible to recei ve a portion of proceeds from the "Broward County Additional Local Option Gas Tax on Motor Fuel Ordinance," as that term is defined and imposed by Broward County pursuant to ordinance. 2. Sixty-two and one-half percent (62.5%) of the total proceeds from the Broward County Additional Local Option Gas Tax on Motor Fuel Ordinance shall be distributed to the COUNTY and the remaining thirty-seven and one-half percent (37.5%) of the total proceeds shall be divided among and distributed to the eligible municipalities within the COUNTY as follows: pODulation of Individual MuniciDalitv x 37.5% = Total Incorporated Area Population Recipient Share of Proceeds Coconut Creek 1.038146% Cooper City Coral Springs 0.851897% 2.905336% Dania 0.534837% Davie 1. 698041% Deerfield Beach 1. 504703% Fort Lauderdale 4.648182% Hallandale 0.979100% Hillsboro Beach 0.054662% Hollywood Lauderdale-by-the Sea 3.897308% 0.093373% Lauderdale Lakes 0.865796% Lauderhill 1. 555354% Lazy Lake Lighthouse Point ' 0.001244% 0.324024% Margate 1. 470065% Miramar 1.380920% North Lauderdale 0.846891% Oakland Park 0.873569% Parkland 0.264014% Pembroke Park 0.152700% Pembroke pines 2.734602% Plantation 2.337726% -2- Pompano Beach 2.299356% Sea Ranch Lakes 0.019091% Sunrise 2.283996% Tamarac 1. 516052% Wilton Manors 0.369016% TOTAL 62.50000% 100.00% Broward County 3. The population figures set out herein are based on the figures contained in the document referred to as the "Florida Estimates of population, published on an annual basis by the Bureau of Economics and Business Research, Population Division, University of Florida. The population figures to be utilized in the formula described in Paragraph 3 of this Interlocal Agreement, for the division and distribution of the proceeds from the Broward County Additional Local Option Gas Tax on Motor Fuel Ordinance, shall be adjusted annually based on the current Research, population Division, University of Florida. Such annual adjustment shall be determined as of September 1 of each year during which this Interlocal Agreement is in effect. For the purpose of this Agreement, the following population figures are hereby agreed upon: Recipient Population Coconut Creek 33,388 Cooper City Coral springs 27,398 93,439 Dania 17,201 Davie 54,611 Deerfield Beach 48,393 Fort Lauderdale 149,491 Hallandale 31,489 Hillsboro Beach 1,758 -3- Hollywood Lauderdale-by-the Sea 125,342 3,003 Lauderdale Lakes 27,845 50,022 Lauderhill Lazy Lake Lighthouse Point 40 10,421 Margate 47,279 Miramar 44,412 North Lauderdale 27,237 Oakland Park 28,095 Parkland 8,491 Pembroke Park 4,911 Pembroke pines 87,948 Plantation 75,184 Pompano Beach 73,950 Sea Ranch Lakes 614 Sunrise 73,456 Tamarac 48,758 wilton Manors 11,868 Broward County (Unincorporated) Total County 158,124 1,364,168 4. This is one of several interlocal agreements between the COUNTY and various municipalities providing the same terms for the division and distribution of the proceeds from the Broward County Additional Local Option Gas Tax on Motor Fuel Ordinance. All such agreements shall be deemed one agreement (the Interlocal Agreement) for the purposes of paragraph (1) (b) (2) of Section 336.025, Florida Statutes, and the -4- Interlocal Agreement constitutes an interlocal agreement between Broward County and municipalities located therein representing a majority of the incorporated area population within this COUNTY. 5. This Agreement shall be in effect from September 1, 1993, to December 31, 2024, both inclusive. It shall also govern the division and distribution of proceeds from the Broward County Addi tional Local Option Gas Tax on Motor Fuel Ordinance imposed through December 31, 2024, but not collected or otherwise not available for distribution until after December 31, 2024. 6. The COUNTY and the CITY agree that all expenditures of the proceeds from the Broward County Additional Local Option Gas Tax on Motor Fuel Ordinance, divided and distributed pursuant to this Interlocal Agreement, shall be utilized only for transportation expenditures needed to meet the requirements of the capital improvements element of an adopted comprehensive plan in accordance with the provisions and requirements of section 336.025, Florida Statutes. 7. References herein to section 336.025, Florida Statutes, are referenced to that section as created by Section 40 of Chapter 93-206, Laws of Florida. 8. This Agreement may be executed in counterparts and each fully executed counterpart shall be deemed an original instrument. 9. This Amendment to the Interlocal Agreement shall become effecti ve on the date last executed by the parties hereto provided that those eligible municipalities representing a majority of the incorporated area population have executed this Interlocal Agreement prior to June 1, 1996. 10. In the event COUNTY or CITIES pledge the proceeds of the Broward County Additional ,Local Option Gas Tax on Motor Fuel Ordinance for any bond indebtedness, the amounts distributed to the COUNTY and each CITY in accordance with the distribution formula contained in paragraph 2 herein shall not be reduced below the amount necessary for payment of principal and interest and reserves for principal and interest as required under the covenants of any bond resolution. -5- IN WITNESS WHEREOF, the parties have made and executed this Amendment to the Interlocal Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMIS- SIONERS, signing by and through its Chair or-Yice Chair, authorized to execute same by Board action on the ~ day of ~a~, 19~, and CITY, signing by and through 1ts Mayor-Comm1ss1 ner, duly authorized to execute same. COUNTY BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS ~ ~~. , 19j&. Approved as to form by Office of County Attorney Broward County, Florida JOHN J. COPELAN, JR., County Attorney Governmental Center, suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 By -6- AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF PARKLAND PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE ATTEST: ByS~~ ~t'~ . C1ty Clerk -1 Susan Armstrong, C.M.C. (CORPORATE SEAL) MFB:fcl 3/6/96 parkland.a06 #96-087 ~ CITY OF PARKLAND ~~' w~.J Ma r- ... x Sal Pagliara By 2 day of APRIL , 19 96 . 2 day of APRIL , 19li. FORM: By Attorney Andrew Mauroais, Esq. -7- CITY OF PARKLAND 6500 PARKSIDE DRIVE PARKLAND, FLORIDA 33067 (305)753-5040 FAX (305)341-5141 April 5, 1996 Eileen J. Steigerwald, Administrative Coordinator Broward County Public Works Department 115 South Andrews Avenue, Room 514 Fort Lauderdale, Florida 33301 RE: (1) Thirteenth Amendment to Interlocal Agreement Providing for Division and Distribution of the Proceeds of the Local Option Gas Tax (2) Amendment to Interlocal Agreement Providing for Division and Distribution of the Proceeds of the Additional Tax on Motor Fuel Dear Ms. Steigerwald: As directed in your March 8, 1996 letter, enclosed are three copies each (six total) of the above referenced agreements that were approved and executed at the April 2, 1996 City Commission Meeting. As I undentand it, once the agreements have been executed by the Board of County Commissionen an original of each will be sent to us for our files. In order to ensure compliance it was requested that a letter be included from our Finance Director, Judith Kilgore, certifying that aU 1995 expenditures from local option gas tax proceeds were in accordance with Florida Statute 336.025 and that certification letter is attached. Should you need additional information, please feel free to contact me. Very truly youn, S~a-- l2.Z1 Susan Armstrong, C.M.C. City Clerk Enclosures: Six (6) agreements Letter of Certification from Finance Director Judith Kilgore CITY OF PARKLAND 6500 PARKSIDE DRIVE PARKLAND, FLORIDA 33067 (954) 753-5040 April 1, 1996 Mr, Lee E, Billingsley, P. E., Acting Director Broward County Public Works Department 115 South Andrews Avenue, Room 514 Fort Lauderdale, Florida 33301 Re: Amendment to Interlocal Agreement Providing for the Division and distribution of Proceeds of the Local Option Gas Tax. Dear Mr, Billingsley: This letter certifies that the 1995 expenditures from local option gas tax proceeds were in accordance with Florida Statute 336.025 and the capital improvements element of the City's Comprehensive Plan. Respectfully submitted, ~ cK)" "_ t 'I , r,~ '..., ",c.,M.-<.A . I clith t. Kilgore 1)( Finance Director [J 96LOCOPT,aOl