SECOND AMENDMENT TO INTERLOCAL AGREEMENT - LOCAL OPTION FUEL TAX (LOFT)SECOND AMENDMENT TO
INTERLOCAL AGREEMENT
THIS SECOND AMENDMENT TO INTERLOCAL AGREEMENT made and
entered into as of the lrit day of
, 2015, by and between
Pinellas County, a political subdivision of the State of Florida (the "County ") and the
municipalities that are parties hereto within Pinellas County representing a majority of the
population of the incorporated area of Pinellas County, as listed on the signature pages hereto
(the "Municipalities ").
WITNESSETH:
WHEREAS, this Second Amendment to Interlocal is authorized by Section 336.025,
Florida Statutes, and other applicable law; and
WHEREAS, the Board of County Commissioners initially levied the local option fuel
tax as authorized by Section 336.025(1)(a), Florida Statutes, ( "Local Option Fuel Tax ") on
June 18, 1985, and has continuously levied it since that time; and
WHEREAS, in accordance with these levies, the County and Municipalities representing
a majority of the population of the incorporated areas of Pinellas County previously entered into
interlocal agreements, which determined the method and distribution of the Local Option Fuel
Tax, including the Interlocal Agreement dated December 21, 2005 and the First Amendment
thereto dated May 6, 2008 ( "Prior Interlocals "); and
WHEREAS, there continues to be a need within Pinellas County for additional funds to
be used for transportation expenditures authorized by Section 336.025, Florida Statutes; and
WHEREAS, the County and the Municipalities are desirous of insuring a stable and
sufficient revenue flow from the local option fuel tax proceeds both in terms of the amount and
the period of the levy, in order to have such monies available for the payment of transportation
expenditures incurred by the County and the Municipalities as permitted by applicable Florida
law; and
WHEREAS, the purpose and intent of this Second Amendment to Inter local Agreement
("Second Amendment") is to establish a current plan for the continued administration and
expenditure of the proceeds of the Local Option Fuel Tax, and as required by Section
336.025(1)(01., Florida Statutes, to establish a new distribution formula by redeterrnining the
division of the proceeds based upon current population estimates.
NOW, THEREFORE, in consideration of the premises and of the mutual benefit, and in
consideration of the covenants and agreements set forth herein, the County and the
Municipalities agree as follows:
1. EFFECTIVE DATE. This Second Amendment shall be effective for the purposes
stated herein on January 1, 2018, and shall expire on December 31, 2027.
2. DISTRIBUTION. Effective January 1, 2018 and contingent upon the extension
of the Local Option Fuel Tax beyond August 31, 2017, allocation and disbursement to the
County and Municipalities shall be made in accordance with the distribution formula attached to
this Second Amendment as Exhibit 1, which is incorporated by reference. The distribution terms
of this Second Amendment shall supersede the distribution formulas contained in the Prior
Interlocals and the distribution of any local option fuel tax in effect as of January 1, 2018, shall
be governed specifically by the terms of this Second Amendment. The parties hereby agree that
all distributions which have been undertaken prior to the date hereof are proper and acceptable
and the parties hereby waive any right to dispute an amounts previously distributed.
3. TERMINATION IF NO LEVY. This Second Amendment shall automatically terminate
in the event that the County does not adopt an ordinance extending the Local Option Fuel Tax
pursuant to Section 336.025, Florida Statutes, on or before September 1, 2017.
4. Except as amended herein, all other terms, conditions and provisions of the
Interlocal dated December 21, 2005, and the First Amendment thereto dated May 6, 2008, shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be
executed as of the day and year first written above.
ATTEST:
KEN BURKE, CLERK
By:
PINELLAS COUNTY, FLORIDA, by and
Through its Board of County Commissioners
APPROVED AS TO FORM
By: g(A{
Offic the County Attorney
< ADDITIONAL SIGNATURE PAGES TO FOLLOW >
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to
be executed as of the day and year first written above.
ATTEST: TOWN OF BELLEAIR
By: By:
City Clerk Mayor
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to
be executed as of the day and year first written above.
ATTEST: CITY OF BELLEAIR BEACH
By By:
City Clerk Mayor
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to
be executed as of the day and year first written above.
ATTEST: CITY OF BELLEAIR BLUFFS
By: By
City Clerk Mayor
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to
be executed as of the day and year first written above.
ATTEST: TOWN OF BELLEA1R SHORE
By: By:
City Clerk Mayor
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to
be executed as of the day and year first written above.
ATTEST:
By: l il
,�: City Clerk
CITY OF CLEARWATER
By:
City Manager
COUNTERSIGNED
By:
Mayor
APPROVED AS TO FORM
By: Pt IC Ar
City Attorney
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to
be executed as of the day and year first written above.
ATTEST: CITY OF DUNEDIN
By: By:
City Clerk Mayor
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to
be executed as of the day and year first written above.
ATTEST: CITY OF GULFPORT
By: By:
City Clerk Mayor
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to
be executed as of the day and year first written above.
NITEST: CITY OF INDIAN ROCKS BEACH
By: By:
City Clerk Mayor
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to
be executed as of the day and year first written above.
ATTEST: TOWN OF INDIAN SHORES
By: By:
City Clerk Mayor
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to
be executed as of the day and year first written above.
ATTEST: TOWN OF KENNETH CITY
By: By:
City Clerk Mayor
N WITNESS WHEREOF, the parties hereto have caused this Second Amendment to
be executed as of the day and year first written above.
ATTEST: CITY OF LARGO
By: By:
City Manager Mayor
[SEAL]
Reviewed and approved:
By:
City Attorney
ATTEST:
By
City Clerk
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to
be executed as of the day and year first written above.
ATTEST: CITY OF MADEIRA BEACH
By: By:
City Clerk Mayor
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to
be executed as of the day and year first written above.
ATTEST: TOWN OF NORTH REDINGTON BEACH
By: By:
City Clerk Mayor
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to
be executed as of the day and year first written above.
ATTEST: CITY OF OLDSMAR
By: By:
City Clerk Mayor
APPROVED AS TO FORM
By:
City Attorney
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to
be executed as of the day and year first written above.
ATTEST: CITY OF PINELLAS PARK
By By:
City Clerk Mayor
APPROVED AS TO FORM AND CONTENT
By:
City Attorney
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to
be executed as of the day and year first written above.
A I I EST: TOWN OF REDINGTON BEACH
By: By:
City Clerk Mayor
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to
be executed as of the day and year first written above.
ATTEST: TOWN OF REDINGTON SHORES
By: By:
City Clerk Mayor
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to
be executed as of the day and year first written above.
ATTEST: CITY OF SAFETY HARBOR
By: By:
City Clerk Mayor
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to
be executed as of the day and year first written above,
ATTEST: CITY OF ST. PETE BEACH
By: By:
City Clerk Mayor
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to
be executed as of the day and year first written above.
ATTEST: CITY OF ST. PETERSBURG
By: By:
City Clerk Mayor
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to
be executed as of the day and year first written above.
ATTEST; CITY OF SEMINOLE
By: By:
City Clerk Mayor
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to
be executed as of the day and year first written above.
ATTEST: CITY OF SOUTH PASADENA
By: By:
City Clerk Mayor
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to
be executed as of the day and year first written above.
ATTEST: CITY OF TARPON SPRINGS
By: By:
City Clerk Mayor
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to
be executed as of the day and year first written above.
ATTEST: CITY OF TREASURE ISLAND
By: By:
City Manager Mayor
EXHIBIT 1
The Municipalities shall be entitled to receive forty percent (40%) of the First Local
Option Fuel Tax proceeds received by the County from the Department of Revenue and the
County shall be entitled to retain sixty percent (60%) of the Local Option Fuel Tax proceeds.
The Municipalities shall individually be entitled to receive the following respective portions of
such forty percent (40%):
Municipality Allocation of Local Option Fuel Tax to be Received
Effective January 1, 2018
Belleair 0.0059
Belleair Beach 0.0024
Belleair Bluffs 0.0031
Belleair Shores 0.0002
Clearwater 0.1654
Dunedin 0.0539
Gulfport 0.0184
Indian Rocks Beach 0.0063
Indian Shores 0.0022
Kenneth City 0.0076
Largo 0.1202
Madeira Beach 0.0065
North Redington Beach 0.0022
Oldsmar 0.0210
Pinellas Park 0.0762
Redington Beach 0.0022
Redington Shores 0.0032
Safety Harbor 0.0257
St, Petersburg 0.3819
St. Pete Beach 0.0142
Seminole 0.0269
South Pasadena 0.0077
Tarpon Springs 0.0366
Treasure Island 0.0103