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1999-22 1999 Amendment to Interlocal Agmt w Broward Cty Distribution Local Option Gas Tax RESOLUTION NO. 99-22 A < RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA AUTHORIZING THE CITY OFFICIALS TO EXECUTE 1999 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF PARKLAND AND BROWARD COUNTY PROVIDING FOR DIVISION 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 1999 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 21 DAY OF APRIL , 1999. ~~ , ALPAGLI ,MAYOR ~v~~ HELEN LYNOTT, MC\AAE CITY CLERK 1/;)7 1999 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 " 1999 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 1999 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." 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. Paragraph 2 of the Interlocal Agreement, as previously amended, is hereby amended to read as follows: 2. Sixty-one and fifty-eight hundredths percent (61.58%) 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 forty-two hundredths percent (38.42%) of the total proceeds shall be divided among and distributed to the eligible municipalities within the COUNTY as follows: Population of Individual Municipality x 38.42% = 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 1.094897% 0.814211 % 3.098502% 0.511954% 1.814120% 1.451949% 4.331530% 0.908332% 0.050979% 3.669908% 0.109764% 0.805739% 1.449578% 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- 2. Paragraph 2 of the Interlocal Agreement, as previously amended, is hereby amended to read: 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 2 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 "Florida Estimates of Population." 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 Cooper City Coral Springs Dania Davie Deerfield Beach Fort Lauderdale Hallandale H iIIsboro Beach Hollywood Lauderdale-by- the-Sea Lauderdale Lakes Lauderhill Lazy Lake Lighthouse Point Margate Miramar North Lauderdale Oakland Park Parkland Pembroke Park 37,865 28,158 107,156 17,705 62,738 50,213 149.798 31,413 1.763 126,917 3,796 27,865 50,131 35 10,458 50,315 52.882 29,057 28,087 12,072 4,789 -3- Pembroke Pines Plantation Pompano Beach Sea Ranch Lakes Sunrise Tamarac Weston Wilton Manors . 112,692 78,952 74,248 616 77.025 51 ,488 38,610 11.841 Total 1,328, 685 3. Section 7 of the Interlocal Agreement is hereby amended as follows: 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, as amended from time to time. 4. This 1999 Amendment to 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, 1999. 5. In the event this 1999 Amendment to Interlocal Agreement or a portion of this 1999 Amendment to Interlocal 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. 6. All provisions of the Interlocal Agreement as previously amended, not in conflict with this 1999 Amendment to Interlocal Agreement, shall remain in full force and. effect. 7. This 1999 Amendment to Interlocal Agreement may be executed in several counterparts, each of which so executed shall be deemed to be an original, and such counterpar!.~ together shall constitute one and the same instrument. - REMAINDER OF PAGE INTENTIONALLY LEFT BLANK - -4- IN WITNESS WHEREOF, the parties have made and executed this 1999 Amendment to the Interlocal Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and.Jtlrough its Chair or Vice Chair, authorized to execute same by Board action on the ~day of ~ ' 19-21., and CITY, signing by and through its Mayor- Commissioner, du authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, through its / ./ BOA OF COUNTY COMMISSIONERS ~ ,r"""'~' ,,,,'" COMMl ~.. . · ~ l.~" ........... ~$~, County Adm inistrator and l~'" .... ... Ex-Officio Clerk of I a / CREATED \ ~\ ~ the Board of County ! : OCT. 1ST : (i) t; Commissioners of BrowaiP \!l 1915 ~: rP:- County, Florida -\\~~ l-l'il day of J~ ,19..fJ ..1) c~~. f.i ............ ~~ '* ...~pproved as to form by .,~",NHfI.... Office of County Attorney Broward County, Florida EDWARD 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 /( ~16L-p REBEC~ L. KAY Assistant County Attorney -5- 1999 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 gn: WITNESSES: /} .' CITY OF PARKLAND By ~~~ M or- II" X Sal Pagliara 8dJ- ~j~ ~ day of April ,19 99. ATTEST: By '7:kli4\./ rL;}(:dt~ City Clerk Hel~n Lynott ~ day of April ,19 99. (CORPORATE SEAL) APPROVED AS ~ORM: By torney Andrew Maurodis, Esq. RLK:sc 3/31/99 gastx02.frm #99-087 -6- 1999 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 CITY WITNESSES: CITY OF PARKLAND a~~J~~ By C/ / Cen U )-'-t iI.'w M-&~~ ayo~ 80CX Sal Pagliara ~ day of April ,1999 . ATTEST: By ~~ City Clerk Hele L;not~ City Manager -22... day of ADril , 19~. (CORPORATE SEAL) By Esq. RLK:sc 3/31/99 gastx02.frm #99-087 -6- CITY OF PARKLAND 6500 P ARKSIDE 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 1 15 South Andrews A venue, 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. S~?)rIY~ , ? "({.RJt.RA- '9xy~ Helen M. Lynott, CMCV-AE - City Clerk Enclosures: Six (6) agreements Letter of Certification from Finance Director Judith Kilgore CC: Judith Kilgore, Director of Finance