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1998-11 15th Amendment to Interlocal Agmt Providing Division of Local Option Gas Tax RESOLUTION NO. 98-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA AUTHORIZING THE CITY OFFICIALS TO EXECUTE THE "'D"fEENTH AMENDMENT TO THE INTERLOCAL AGREEMENT BE'IWEEN THE CITY OF PARKLAND AND BROWARD COUNTY PROVIDING FOR DMSION AND DISTRIBUTION OF THE PROCEEDS OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE 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 Fifteenth Amendment to the InterIocal Agreement with Broward County for the division and distribution of the proceeds of the local option gas tax imposed by the Broward County Local Option Gas Tax Ordinance: 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 1 st DAY OF APRIL , 1998. ~f~~~ LPAG ,MAYOR ~___ C2.... ~ SUSAN ARMSTRONG, C.M. . CITY CLERK March 13, 1998 ceC_SD ~:\\ 115 S, Andrews Avenue, Room 514 Fort Lauderdale. FL 33301 (954) 357-6410 . FAX (954) 357-6340 Email: rbrossard@co.broward.fl.us Harry Mertz, City Manager 6500 Parkside Drive Parkland, FL 33067 Re: (1) Fifteenth 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 Oivision and Distri.- bution of the Proceeds of the Additional Tax on Motor Fuel Dear Mr. Mertz: Broward County levies nine cents of local option gas tax to be distributed in accordance with two interlocal agreements. Once again, the County Attorney's Office has prepared the necessary annual amendments to the Interlocal Agreements, to include the most recent population data to update the distribution formula. The original six cents of gas tax may be utilized for all transportation expenditures as defined by Florida Statutes. The additional three cents must be used for transportation expenditures needed to meet the requirements of the capital improvement element of an adopted comprehensive plan. To ensure compliance with State Statutes, please return the enclosed letter, certifying that all 1997 expenditures from local option gas tax proceeds were in accordance with Florida Statute 336.025. Enclosed are three copies of each of the above referenced amendments. These amendments comply with the statutory requirement for the establishment of a distribution formula and incorporate the latest population figures prepared and published by the Bureau of Economic and Business Research of the University of Florida. Interlocal agreements with municipalities representing a majority of the incorporated population must be executed by both the municipality and Broward County Drior to lune 1. 1998. Upon execution, please return three copies of each amendment (six total) as soon as possible, to: Eileen J. Steigerwald, Administrative Coordinator Broward County Public Works Department 115 South Andrews Ave., Room 514 Fort Lauderdale, FL 33301 Once executed by our Board of County Commissioners, we will return an original of each agreement for your files. Thank you for your assistance in expediting these amendments and should you have any questions, we can be reached at 357.6410. Sincerely, ~ ., /) .__f1.....~ ~~.;L~ Lee E. Billingsley, P.E. Director Office of Transportation ~ Enclosures ... Norman Thabit, Commission Auditor reen ., Lights ,A.TllIe. BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS - An Equal Opportunity Employer and Provider of Service. Norman Abramowitz Scott I. Cowan Suzanne N. Gunzburger Ilene Lieberman Lori Nance Parrish sylvia Poltier John E. Rodstrom. Jr. World Wide Web: hffp:llwww.co.browardJI.u. CITY OF PARKLAND 6500 PARKS IDE DRIVE PARKLAND, FL 33067 (954) 753-5040 FAX (954) 341-5161 April 8, 1998 Ms. Eileen 1. Steigerwald, Administrative Coordinator Broward County Public Works Department 115 South Andrews Avenue, Room 514 Fort Lauderdale, FL 33301 RE: (1) Fifteenth Amendment to Interlocal Agreement Providing for Division and Distribution of the Proceeds of the Local Option Gu Tu (2) Amendment to Interlocal Agreement Providing for Division and Distribution of the Proceeds of the Additional Tu on Motor Fuel Dear Ms. Steigerwald: Enclosed please find three (3) executed copies each (six total) of the above referenced agreements that were approved at the April 1, 1998 City Commission Meeting. As I understand it, once the agreements have been executed by the Board of County Commissioners 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 Iudith Kilgore certifying that all 1997' 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. . s~ Helen Lynott, C.M.C. Deputy eity Clerk Enclosures: Six (6) agreements Letter of Certification from Finance Director Iudith Kilgore winward\gastax.doc CITY OF PARKLAND 6500 PARKSIDE DRIVE PARKLAND, FL 33067 (954) 753-5040 FAX (954) 341-5161 April 8, 1998 Mr. Lee E. Billingsley, P .E. Director Office of Transportation 115 South Andrews Avenue, Room 514 Fort Lauderdale, FL 33301 RE: Certification of FY 1997 Exoenditures from Local Ootion Gas Taxes Dear Mr. BiIIingsley: This letter will serve as certification that the City of Parkland is in compliance with Florida Statute 336.025, regarding the uSe of Fiscal year 199710caI option gas tax proceeds, and the City's Comprehensive . Respectfully submitted, CJA J. ~'- 0:. )L1.x:v- :~~~~ore u Finance Director winwudIpstax2.doc FIFTEENTH AMENDMENT to INTERLOCAL AGREEMENT Between BROWARD COUNTY and CITY OF PARKLAND Providing for DIVISION AND DISTRIBUTION OF THE PROCEEDS OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE FIFTEENTH AMENDMENT to INTERLOCAL AGREEMENT Between BROWARD COUNTY and CITY OF PARKLAND Providing for DIVISION AND DISTRIBUTION OF THE PROCEEDS OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE This is the Fifteenth Amendment to Interlocal Agreement, made and entered into by and between: BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY," AND CITY OF PARKLAND ,a municipal corporation, existing under the laws of the state of Florida, hereinafter referred to as "CITY." WHEREAS, Section 336.025(1 )(a), Florida Statutes, authorizes the counties to extend the levy of the six (6) cent local option gas tax upon every gallon of motor fuel and special fuel sold in Broward County for a period not to exceed thirty (30) years on a majority vote of the governing body of the COUNTY; and WHEREAS, on June 14, 1988, the Board of County Commissioners enacted Ordinance No. 88-27, effective September 1,1988, through August 31,2018, pursuant to Section 336.025(1 )(b), Florida Statutes, extending the levy of the six cent local option gas tax for thirty years and providing for a method of distribution of the proceeds of the tax; and VVHEREAS, pursuant to said ordinance, the method for distribution of the proceeds is the execution of an interlocal agreement with one or more of the municipalities representing a majority of the' population of the incorporated area within the county which establishes the distribution formulas for dividing the proceeds of the tax among the county and all eligible municipalities within the county, as set forth in Section 336.025(3)(a)1., Florida Statutes; and WHEREAS, paragraph 4 of the Interlocal Agreement, as amended by the Addendum to the Interlocal Agreement, requires annual adjustment of the population of the individual municipalities and unincorporated Broward County in accordance with the population figures set forth in the most current edition of "Florida Estimates of Population," published by the Bureau of Economics and Business Research, Population Division, University of Florida; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, COUNTY and CITY agree as follows: 20. Paragraph 2 of the Interlocal Agreement, as amended by the Addendum thereto and the Fifteenth Amendment to Interlocal Agreement, is amended to read as follows: 2. Sixty-one and three-quarters percent (61. 75%) of said Local Option Gas Tax proceeds shall be distributed to the COUNTY, and the remaining thirty-eight and a quarter percent (38.25%) shall be divided among and distributed to the eligible municipalities within the COUNTY as follows: Population of Individual Municipality x 38.25% = Total Incorporated Area Population Recipients Share of Proceeds Coconut Creek Cooper City Coral Springs Dania Davie Deerfield Beach Fort Lauderdale Hallandale Hillsboro Beach Hollywood Lauderdale- by- the- Sea Lauderdale Lakes Lauderhill Lazy Lake Lighthouse Point Margate Miramar North Lauderdale Oakland Park 1.067295% 0.828921% 3.055487% 0.518907% 1.835175% 1.466168% 4.458566% 0.934317% 0.052283% 3.756329% 0.088622% 0.826961% 1.490335% 0.001069% 0.310816% 1.481725% 1.486179% 0.825536% 0.837234% -2- Parkland Pembroke Park Pembroke Pines Plantation Pompano Beach Sea Ranch Lakes Sunrise Tamarac Weston Wilton Manors 0.334537% 0.144705% 3.091916% 2.299424% 2.204270% 0.018378% 2.235889% 1.507971 % 0.739556% 0.351430% Total Incorporated 38.2500000% 2. The population figures set forth herein are based on the most current edition of "Florida Estimates of Population, published by the Bureau of Economics and Business Research, Population Division, University of Florida. In accordance with the population figures, paragraph 3, of the Interlocal Agreement, as amended by the Addendum thereto and the Fifteenth Amendment to Interlocal Agreement, is amended to read as follows: Recipient Population Coconut Creek Cooper City Coral Springs Dania Davie Deerfield Beach Fort Lauderdale Hallandale Hillsboro Beach Hollywood Lauderdale-by- the-Sea Lauderdale Lakes Lauderhill Lazy Lake Lighthouse Point Margate Miramar North Lauderdale Oakland Park Parkland Pembroke Park 35,949 27,920 102,916 17,478 61,813 49,384 150,175 31,470 1,761 126,522 2,985 27,854 50,198 36 10,469 49,908 50,058 27,806 28,200 11,268 4,874 -3- Pembroke Pines Plantation Pompano Beach Sea Ranch Lakes Sunrise Tamarac Weston Wilton Manors 104,143 77,450 74,245 619 75,310 50,792 24,910 11.837 Total County 1. 288.350 3. All provisions of the Interlocal Agreement and the Addendum thereto, as amended, not in conflict with this Fifteenth Amendment shall remain in full force and effect. 4. This Fifteenth Amendment shall become effective 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 Fifteenth Amendment prior to June 1, 1998. 5. This Fifteenth Amendment may be simultaneously executed in several counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one and the same instrument. 6. CITY is a state agency as defined in Chapter 768.28, F.S. and agrees to be fully responsible for acts and omissions of its agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a sate agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract. 7. CITY is a state agency as defined in Chapter 768.28, F.S. and shall maintain liability protection in accordance with state law. 8. CITY shall comply with all federal, state, and local laws, codes, ordinances, rules and regulations in performing its duties, responsibilities, and obligations under this Agreement. . 9. In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining portions shall continue to be effective. -4- 10. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Venue for litigation concerning this Agreement shall be in Broward County, Florida. 11. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board of County Commissioners and CITY. 12. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document in accordance with Section 11 above. IN WITNESS WHEREOF, the parties have made and executed this Fifteenth Amendment on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its hair or Vice Chajr, authorized to execute same by Board action on the /~U::ijay of I w~ , 1998 ,and CITY, signing by and through its Mayor-Commissioner, d ~ authorized to execute same. ,""''',IJ;..OU NTY .f' lP_... ..-'" COMMf..~lII"'c", ATTEST: ~'..t.~ .......... D COUNTY thr :~ ... ' ~..... 'OF 'V: CRE "':Ti- ",1"\. 1- !l;O. ,~ "~iC , ! (.) : OCT. i ci :. - County Administrator a\d ~." 1315 $: I Chair E Offi. CI k f · ..:.~ 0.. I 1 x- ICIO er 0 \.... ~-9D ~ ~i _ rd the Board of c.ounty ...Jr. .....f~Cl'!~...~ day 0 . L(,.LX-- cCommissi,on~rs of Broward lII"""',..":H,,,f"'" _; ( ounty, Fonda. '-/ , 19.1t -5- FIFTEENTH AMENDMENT TO INTERLOCAL.AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF PARKLAND PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE Approved as to form by Office of County Attorney Broward County, Florida jOllN J. COPELAN, Jf(., County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 J/td/~ ranees Bakke tant County Attorney ,,-/ By QIL- mn: A -L. day of' APRIL ,19~ By MFB:i:I 316198 GASTX15,FRM #98-087 -6-