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1998-12 Amendment to Interlocal Agmt Providing for Distribution of Procees of Addl Tax on Motor Fuel RESOLUTION NO. 98-12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA AUmORIZING THE CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE INTERLOCAL AGREEMENT BElWEEN THE CITY OF PARKLAND AND BROWARD COUNTY PROVIDING FOR DMSION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL 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 Amendment to the Interlocal Agreement between Broward County and the City of Parkland providing for the division and distribution of the proceeds from the Broward County Additional Local Option Gas Tax on Motor Fuel 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. ~~~~ SALPAGL ,MAYOR ~(~ SUSAN ARMSTRONG, C.M.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: 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." 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 Sedion 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 receive 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-one and three-quarters percent (61.75%) 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-eight and a quarter percent (38.25%) of the total proceeds 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 Recipient 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 Parkland Pembroke Park Pembroke Pines Plantation Pompano Beach Sea Ranch Lakes Sunrise Tamarac Weston Wilton Manors 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% 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- 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. F or the purpose of this Agreement, the following population figures are hereby agreed upon: 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 Pembroke Pines Plantation Pompano Beach 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 4,874 104,143 77,450 74,245 -3- Sea Ranch Lakes Sunrise Tamarac Weston Wilton Manors 619 75,310 50,792 24,910 11.837 $1,288,350 Total 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 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 Additional 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 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 Interlocal Agreement prior to June 1, 1998. -4- .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. 11. CITY shall comply with all federal, state, and local laws, codes, ordinances, rul~s, and regulations in performing its duties, responsibilities, and obligations related to this Agreement. 12. In the event this Agreement or a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless COUNTY or CITY elects to terminate this Agreement. The election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 13. 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. 14. 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 and CITY. 15. 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 14 above. 16. CITY is a state agency as defined in Section 768.28, Florida Statutes, 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 state agency or political -5- subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract. 17. CITY is a state agency as defined by Section 768.28, Florida Statutes, and CITY shall maintain liability protection in accordance with state law. 18. This Agreement may be executed in three (3) counterparts, each of which shall be deemed to be an original. 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 COMMISSIONERS, signing by and through ~t~r. o~ Vice Chair, authorized to execute same by Board action on the 1(,l:ft..day of , 19..tL" and CITY, signing by and through its Mayor-Commissioner, duly orized to execute same. COUNTY ATTEST: ~~d/ County Adm inistralOr and Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS t:)O~ " , 19.91... ...,...~OMMIS ~~ ..........8,^ 1:iJ..."'. 't "'A_ I ~..., .:tt,-. ....-~ l8: CREATED \ ~ t ~: oel: 1ST : V. t . · ~ '\ ~.,- 1915 Ii I ,~~.... ~ ..tlJ co~.., / ......... , * .......' j I -"."",... , '.' ."....q Approved 0 form by Office of County Attorney Broward County, Florida J"III~ J. 6ePlb(.f J, JR., County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 BY~~~~'~ Frances Bakke Assistant County Attorney -6- .. ~ AMENDMENT TO INTERLOCAL AGREEMENT BElWEEN 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 gn WITNESSES: ~ 0,1~. CITY OF PARKLAND By 1 ~t' day of APRIL , 19-2.8.. ATTEST: City Manage J..s.t.... day of APRIL,19 98 (CORPORATE SEAL) APPROVED AS TO FORM: QY~.~ - City Attorney Andrew Ma~iodis MFB:f::I 319/98 GASTX.02.FRM a8-087 -7- / CITY OF PARKLAND 6500 P ARKS IDE DRIVE PARKLAND, FL 33067 (954) 753-5040 FAX (954) 341-5161 April 8, 1998 Ms. Eileen J. 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 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: 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 eounty 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 Judith 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 City Clerk Enclosures: Six (6) agreements Letter of Certification from Finance Director Judith Kilgore winward\pstax.doc