CORRESPONDENCE RE: LOCAL OPTION GAS TAX
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CITY
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POST OFFICE BOX 4748
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C LEA R W ATE R, F LOR I D A 34 6 lB. 4 7 4 8
Office of
City Attorney
(613) 462.6760
February 27, 1992
Susan H. Churuti, Esquire
County Attorney
315 Court Street
Clearwater, Florida 34616
Re: Local Option Gas Tax Interlocal Agreement
Dear Susan:
The county administrator has mailed copies of the fully executed
inter local agreement regarding the local option gas tax to the
mayors and city clerks of each of the municipalities in the county.
The Clearwater city commission voted to approve the agreement with
an amendment to section 6. 'l'he amendment added ", as amended II at
the end of the section, after the October 26, 1984, date. (This is
a reference to the Long Range Year 2010 Transportation Plan adopted
by the M.P.O. on that date.)
This amendment was pointed out to the county administrator in our
covering letter when we transmitted the signed agreement to him on
August 23, 1991. However, the amendment has not been incorporated
into the document.
Because the plan has been amended since 1984, our amendment was
intended to be a technical correction to the agreement. I am
disappointed to see that it was not included in the final
agreement, although our signed signature page was. I assume that
the County intends to recognize amendments to the plan. Therefore,
please keep this letter on file with the agreement as evidence of
our understanding that the reference to the plan means to the plan
as amended, even though it does not expressly say so.
Sincerely,
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M. A. Galbraith, Jr.
city Attorney
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C I T Y
OF CLEARWATER
POST OFFICE BOX 4748
C LEA R W ATE R, F L 0 ,~ I D A 3' 6 1 B - 4 74 8
Olliee 01
City AlIornay
(613) 462-6760
August 23, 1991
Fred E. Marquis, County Administrator
Pinellas County
315 Court street
Clearwater, Florida 34616
He: Local option gas tax - interlocal agreement
Dear Mr. Marquis:
In accordance with your
signed agreement which
Commission on August 15,
letter of July 8,
was approved by
1991.
1991, enclosed
the Clearwater
is a
city
Please note that in Section 6 on page 5, "as amended" has been
added at the end of the paragraph.
Very truly yours,
~~%,o~
Janis M. Przywara
Sr. Legal Staff Assistant
Enclosure
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"Equal EmpJoymenl and Affirmative Action Employer"
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contained
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in the Or ig ina 1
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Interlocal Agreement and the Second
Interlocal Agreement, and the distribution of the Total Local
Option Gas Tax proceeds shall be governed specifically by the terms
of this Inter local Agreement as of the effective date hereof
(January 1, 1992), During the period between when this Interlocal
Agreement is approved by the parties hereto and the effective date
hereof! the Original Local Option Gas Tax and the Additional Local
Option Gas Tax shall be distributed in accordance with the Second
Interlocal. The parties hereby agree that all distributions which
have been undertaken prior to the date hereof are prop",:r. and
acceptable and the parties hereby waive any right to dispute any
amounts previously distributed.
SECTION 5.
ABILITY TO PLEDGE. The parties respective
portions of the Total Local Option Gas Tax may be pledged by the
County or the Municipalities to secure revenue bonds or other
obligations for the purposes set forth in Section 336.025, Florida
statutes, and as set forth in this Agreement, The County and the
Municipalities may also develop, implement and administer any other
program.or financial arrangement in accordance with applicable law
and this Agreement which provides for payment with their respective
.share of the Total Local Option Gas Tax.
SECTION 6.
EXPENDITURE ONLY ON PROJECTS IN PLAN. The
County and the Municipalities agree that the projects constructed
with the Total Local Option Gas Tax revenues shall be limited to
those contained in the Long Range Year 2010 Transportation Plan
developed pursuant to Section 339.175, Florida Statutes, and
adopted by the Pinellas County Metropolitan Planning Organization
on October 26,
19847 as
amended. R G .
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BOARD OF COUNTY COMMlSSlONERS
PINELLAS COUNTY,FLORID.A
COMMISSIONEAS
315 COURT STREET
CLEARWATER,. FLORIDA 34616
PHONE: (813) 462,3354
SUSAN H. CHURUTI
COUNTY-ATTORNEY
GEORGE GREER - CHAIRMAN
JOHN CH,ESNLTT, JR. ~ VICE CHAIRMAN
CHARLES E. RAINEY
BARBARA- SHEEN TODD
BRUCE TYNDALL
March 6, 1992
M.A. Galbraith,
ClearwaterCi ty.
P.O. Box 4748 .
Clearwater~ FL
Jr.
Attorney
34618-4748
Re: Lo.ca 1 opt ion Gas 'l'ax Interlocal Agreement
Dear AI:
I have now had the .opportuni.ty to review th.e amendment made.
by the Clearwater City Commission to section 6 of the Local
. Option. Gas 'l'ax .Interlocal . Agreement. In addition, I have
discussed the matter with both the County Administrator and the
bond counsel, who drafted the agreement.
It is both their uhderstanding and mine, that the reference
to the plan does mean the plan as amended,
I hope that this resolves any question you may have.
Very truly yours,
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Susan H. Churuti
County Attorney
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cc: . JJ'red E.. Marquis, County Administrator
Gra.ce Dunlap, Esquire .
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I CJT'/cIERK DEPT.
RECEIVFO
MAR 0 9 1992
CITY ATTORNEY
"Pinellas County is an Equal Opportunity Employer" . Member-Pinellas Partnership lor a Drug Free Workplace 0 . printed on recycled paper