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1999-21 16th Amendment to Interlocal Agmt with Broward Cty-Proceeds of Local Option Gas RESOLUTION NO. 99-21 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA AUTHORIZING THE CITY OFFICIALS TO EXECUTE THE SIXTEENTH AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF PARKLAND AND BROWARD COUNTY PROVIDING FOR DIVISION 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 Sixteenth Amendment to the Interlocal 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 21 DAYOF APRIL ,1999. sBu~ CJd:eiU'v ~~~ HELEN LYNOTT, C/AAE CITY CLERK SIXTEENTH 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 SIXTEENTH 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 Sixteenth 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 WHEREAS, 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 prior fifteenth amendments, is amended to read as follows: 2. Sixty-one and fifty-eight hundredths percent (61.58%) of said Local Option Gas Tax proceeds shall be distributed to the COUNTY, and the remaining thirty-eight and forty-two hundredths percent (38.42%) shall be divided among and distributed to the eligible municipalities within the COUNTY as follows: Population of Individual Municipality x 38.42% = Total Incorporated Area Population Recipients Share of Proceeds 1999 Coconut Creek Cooper City Coral Springs Dania Davie Deerfield Beach Fort Lauderdale Hallandale Hillsboro Beach Hollywood Lauderdale-by-the-Sea Lauderdale Lakes Lauderhill 1.094897% 0,814211 % 3.098502% 0.511954% 1.814120% 1.451949% 4.331530% 0.908332% 0.050979% 3.669908% 0.109764% 0.805739% 1.449578% -2- Lazy Lake Lighthouse Point Margate Miramar North Lauderdale Oakland Park Parkland Pembroke Park Pembroke Pines Plantation Pompano Beach Sea Ranch Lakes Sunrise Tamarac Weston WiltonManors 0.001012% 0,302402% 1.454899% 1.529126% 0.840207% 0,812158% 0.349072% 0.138478% 3.258580% 2.282961% 2.146941% 0.017812% 2.227240% 1.488817% 1.116439% 0.342392% Total Incorporated 38.420000% 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 prior fifteenth amendments, 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 37,865 28,158 107,156 17,705 62,738 50,213 149,798 31,413 1,763 126,917 3,796 -3- Lauderdale Lakes Lauderh ill 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 27,865 50,131 35 10,458 50,315 52,882 29,057 28,087 12,072 4,789 112,692 78,952 74,248 616 77,025 51 ,488 38,610 11,841 Total County 1,328,685 3. All provisions of the Interlocal Agreement and the Addendum thereto, as amended, not in conflict with this Sixteenth Amendment shall remain in full force and effect. 4. This Sixteenth 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 Sixteenth Amendment prior to June 1,1999. 5. This Sixteenth 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. In the event a portion of this Sixteenth Amendment is found by a court of competent jurisdiction to be invalid, the remaining portions shall continue to be effective. - REMAINDER OF PAGE INTENTIONALLY LEFT BLANK - -4- IN WITNESS WHEREOF, the parties have made and executed this Sixteenth Amendment to Interlocal Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by an9J.hrough its Chair.or Vice Chair, authorized to execute same by Board action on the ~day of ~ ' 19~, and CITY, signing by and through its Mayor- Commissioner, du y authorized to execute same. COUNTY ~ ATTEST: . .. IIfHNh_,1~ County Administrator an _, Cort1MIS~~"'~ Chair Ex-Officio Clerk of ~"..'\""" ........... vzo~... ....--: !t' ... ... ... ';,1 J the Board of County l.$ ... .. day of j.,(,...r-A- Commissioners of Brt>~iJ CR~ATED \ c,.., 1 County Florida ~ : OC I. 1ST : ~ , \ \~ 1915 ;kprcJed as to form by \. ....!1!' com~.!:~.offir# of County Attorney '" ........ B....f:'ard County Florida ... ..... L" , "''''',#,;;,III,,;F1::uWARD A. DION, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 By /C~ ~~ REBECCA Y Assistant C unty Attorney ,199q,- -5- SIXTEENTH 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 WITNESSES: ATTEST: Qj .17~ ,-/J --Lf- IJCU1'---' tZ:-f{1t-iPCAJ City Clerk Belen ynott RLK:sc 3/31/99 gastax 16 .frm #99-087 CITY CITY OF PARKLAND By _dL~L,~ Mayor . Sal Pagliara ~ day of April , 19~. ertz APPROVED AS TO FORM: By ... orney Andrew Maurodis, Esq. -6- Public Works Department 115 S. Andrews Avenue. Room 514 Fort Lauderdale. FL 33301 (954) 357-6410 · FAX (954) 357-6340 Emall: rbrossard@co.broward.fl.us June 16, 1999 Ms. Helen M. Lynott,CMCI AAE City Clerk 6500 Parkside Drive Parkland, FL 33067 Dear Ms. Lynott: Enclosed please rmd completely executed agreements between Broward County and your municipatity for the Sixteenth Amendment to Interlocal Agreement on Local Option Gas Tax as weD as for the 1999 Amendment to Interlocal Agreement on Additional Local Option Gas Tax on Motor Fuel. Please note that we have substituted a new County execution page to update the County Attorney signature block. If you require additional information, please.let me know. Sincerely, ~\) .'j-~oill Eileen J. Stei~rwald Administrative Coordinator Public Works Department Ie Enclosures QQ- . Lights ...."".. 'ROWARD COUNTY BOARD Of COUNTY COMMISSIONERS - An Equal Opportunity Employer and ProYlder of Servlc.. Norman Abramowitz Scott I. Cowan Suzanne N. Gunzburger Kristin D. Jacobs Ilene Lieberman Lori Nonce Parrish John E. Rodstrom Jr. VIsIt US on the Internet: www.co.broward.fl.u. April 5. 1999 ~pN\~~tf(u( PublIc Wo..... ~_nt \ 115 S, Andrews Avenue, Room 514 I 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) (2) Sixteenth Amendment to Interlocal Agreement Providing for Division and Distribution of the Proceeds of the Local Option Gas Tax 1999 Amendment to Interlocal Agreement Providing for Division and Distribution 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 shared with the municipalities and 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 1998 expenditures from local option gas tax proceeds were in accordance with Florida Statute 336.025. Both amendments also include a modification of the distribution formula from 61.75%/County, 38.25%/City to 61.58%/County, 38.420/0/City. This change was necessary to provide for the impact ofthe incorporation of various unincorporated areas into incorporated areas. 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 prior to June 1, 1999. Upon execution. please return three cODies of each amendment (six total) by June 2. 1999, 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, ~~L~ Lee E. Billingsley, P.E. . Director CJ Office of Transportation / w:losures :Sreen Norman Thabit, Commission Auditor, Marcia Gelman, Office of Budget Services ~ghts ,.'TII'_ BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS - An Equal Opportunity Employer and Provider of Services Norman Abramowitz Scott I. Cowan Suzanne N. Gunzburger Kristin D. Jacobs Ilene Lieberman Lori Nance Parrish John E. Rodstrom, Jr. Visit us on the Internet: www.co.browarc:Ul.us SIXTEENTH 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 CITY WITNESSES: CITY OF PARKLAND By ~r;(~gliara ~ day of April ,1999 . ATTEST: r--'0 // '-I"J -)lff.Mu (\'!~f~ City Clerk Heleri Lynott By RLK:sc 3/31/99 gastax16.frm #99-087 -6- CITY OF PARKLAND 6500 PARKSIDE DRIVE PARKLAND, FL 33067 (954) 753-5040 FAX (954) 341-5161 April 23, 1999 Ms. Eileen J. Steigerwald, Administrative Coordinator Broward County Public Works Department 115 Sou~ Andrews Avenue, Room 514 Fort Lauderdale, FL 33301 Re: (1) Sixteenth Amendment to Interlocal Agreement Providing for Division & Distribution of the Proceeds of the Local Option Gas Tax (2) 1999 Amendment to Interlocal Agreement Providing for Division and Distribution of the Proceeds of 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 by the Parkland City Commission. As I understand it, once the Board of County Commissioners executes the agreements, 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 1998 expenditures from local option gas tax proceeds were in accordance with Florida Statute 336.025 and that certification letter is attached. . Should you require further information please feel free to contact me. Sincerrly'; . LJ~9x y~ Helen M. Lynott, CMC~ - - City Clerk Enclosures: Six (6) agreements Letter of Certification from Finance Director Judith Kilgore CC: Judith Kilgore, Director of Finance CITY OF PARKLAND 6500 PARKSIDE DRIVE PARKLAND, FL 33067 (954) 753-5040 FAX (954) 341-5161 April 22, 1999 Mr. Lee ~. Billingsley, P.E. Director Office of Transportation 115 South Andrews Avenue, Room 514 Fort Lauderdale, FL 33301 RE: Certification of FY 1998 Expenditures from Local Option Gas Taxes Dear Mr. Billingsley: 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 1998 local option gas tax proceeds. hcer.e e.llYY" ~C.~ Judith Kilgore, . (J Director of Finance