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222-Seminole County Local Option Gas Tax ,. INTERLOCAL AGREEMENT THIS AGREEMENT, by and between the COUNTY OF SEMINOLE, a political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771, hereinafter referred to as COUNTY, and the following municipalities: CITY OF ALTAMONTE SPRINGS, a Florida municipal corpora- tion, whose address is 225 Newburyport Avenue, Altarnonte Springs, Florida 32701, hereinafter referred to as ALTAMONTE SPRINGS; and CITY OF CASSELBERRY, a Florida municipal corporation, whose address is 95 Lake Triplet Drive, Casselberry, Florida 32707, hereinafter referred to as CASSELBERRY; and CITY OF LAKE MARY, a Florida municipal corporation, whose address is Post Office Box 725, Lake Mary, Florida 32746, hereinafter referred to as LAKE MARY; and CITY OF LONGWOOD, a Florida municipal corporation, whose address is 175 W. Warren Avenue, Longwood, Florida 32750, hereinafter referred to as LONGWOOD; and CITY OF OVIEDO, a Florida municipal corporation, whose address is Post Office Box 159, Oviedo, Florida 32765, herein- after referred to as OVIEDO; and CITY OF SANFORD, a Florida municipal corporation, whose address is Post Office Box 1778, Sanford, Florida 32771, herein- after referred to as SANFORD; and CITY OF WINTER SPRINGS, a Florida municipal corpora- tion, whose address is 400 N. Edgemon Avenue, Winter Springs, Florida 32708, hereinafter referred to as WINTER SPRINGS. WHEREAS, under the authority of Section 336.025, -~rida Statutes, and pursuant to Seminole County Ordinances Nos. .J " ~ '2, 85-33 and 85-34, the COUNTY levied a combined six cents local option gas tax upon every gallon of motor fuel and 1 fuel sold in Seminole County and provided for distribu- the proceeds from the tax between itself and rnunicipali- lthin Seminole County; and -1- WHEREAS, Senate Bill 313, passed during the 1986 Legislative Session, provides that an inter local agreement to determine the method for distribution of local option gas tax revenues may be entered into prior to August 1, 1986 to be effective as to 1986-1987 local option gas tax proceeds or prior to June 1 of any year thereafter; and WHEREAS, the COUNTY and signatory municipal ties intend to provide for the distribution of local option gas tax proceeds according to this Agreement: NOW THEREFORE in consideration of the covenants contained herein, the receipt and adequacy of which are hereby acknowledged by all parties hereto, the parties agree to provide for the distribution of local option gas tax proceeds as follows: SECTION 1. TERM. This Agreement shall become effec- tive when approved by the Governing Bodies of the COUNTY and the requisite number of municipalities pursuant to Section 336.025, 3(a) (1), Florida Statutes (as amended 1986), and upon the dismissal by ALTAMONTE SPRINGS of its petition filed on August 27, 1985, with the Administration Commission. This Agreement shall remain in effect for the lives of the taxes adopted pursuant to Seminole County Ordinance 83-22, as amended by Seminole County Ordinance 84-33, and Ordinance 85-34. SECTION 2. DISTRIBUTION OF PROCEEDS BEGINNING FISCAL YEAR 1987-1988. (a) The net proceeds of the combined six cents ($.06) local option gas tax levied and imposed by the COUNTY shall be allocated for calendar year January, 1988 and for each calendar year thereafter until the expiration of this Agreement on the basis of the formula set forth at Subsections (b) and (c) of this Section. Net proceeds shall mean the combined six cents ($.06) local option gas tax collected by the Florida Department of Revenue less the amount retained by the Florida Department of Revenue for administration as provided in Section 215.20, Florida Statutes, or its successor provision. -2- (b) The County portion of the combined six cents ($.06) local option gas tax shall be distributed for calendar years beginning January, 1988 and thereafter for the lives of the taxes, as established pursuant to Seminole County Ordinances 83-22, as amended by Ordinance 85-33, and Ordinance 85-34 on the basis of 63.6 per cent (the County portion) to the County. The balance of 36.4 percent (the municipal portion) shall be distri- buted to all eligible incorporated municipalities in Seminole County, Florida. (c) The municipal portion of the combined six cents ($.06) local option gas tax shall be distributed for calendar years beginning January 1, 1988 and thereafter for the lives of the taxes as established pursuant to Seminole County Ordinances 83-22, as amended by Ordinance 85-33, and Ordinance 85-34, among the eligible incorporated municipalities in Seminole County, Florida, based upon a five (5) year floating formula, annually adjusted, based upon the proportional share of the total transportation expenditures made by each of the municipalities. SECTION 3. ROLLING FORMULA COMPUTATION. (a) The COUNTY shall collect from the municipali- ties and the municipalities shall provide to the COUNTY, on or before a date established by the COUNTY and in a form determined by the COUNTY, adequate data detailing the expenditures made in each category listed in subsections (b) (1) through (b) (7) of this Section. The COUNTY shall compute distribution percentages therefrom and provide to the municipalities a summary of the percentages computed and make available for review the documents from which such percentages were computed. The distribution percentages shall apply to revenue distribution during the next calendar year and, on or before July 1 of each year, the COUNTY shall forward the provided percentages to the Florida Department of Revenue. Failure by any City to provide the expenditure information in substantial compliance as required herein shall -3- authorize the County to use that City's transportation expendi- tures contained in that City's audit reports, for that City's current calculations. (b) In accordance with Section 336.025(7), Florida Statutes (1985), transportation expenditures utilized in calcu- lating each party's distribution proportion of the local option gas tax proceeds shall only include expenditures by each party from local or state shared revenue sources, excluding federal revenue sharing funds, local option gas tax proceeds, and bond proceeds, for the following programs: (1) public transportation operations and maintenance; (2) roadway and right-of-way maintenance and equipment; (3) roadway and right-of-way drainage; (4) street lighting; (5) traffic signs, traffic engineering, signalization and pavement markings; (6) bridge maintenance and operation; (7) debt service and current expenditures for transpor- tation capital projects in the foregoing program areas, including construction or reconstruction of roads. SECTION 4. DISTRIBUTION OF PROCEEDS FOR FISCAL YEARS 1985-1986 and 1986-1987. (a) The distribution proportions for the proceeds of the first four cents ($.04) of the combined six cents ($.06) local option gas tax for fiscal years 1985-1986 and 1986-1987 up to and including December 31, 1987, shall be as set forth below and are based upon the proportionate share of the total transportation expenditures made by the COUNTY and eligible municipalities for the five (5) fiscal years preceding authoriza- tion and imposition of the tax (1978-1982): -4- Local Government Distribution Proportion Seminole County 64.89% Altarnonte Springs 7.46% Casselberry 6.86% Lake Mary 1.04% Longwood 5.41% Oviedo 1.54% Sanford 10.06% winter Springs 2.74% (b) The distribution proportions for the proceeds of the last two cents ($.02) of the combined six cents ($.06) local option gas tax for fiscal years 1985-1986 and 1986-1987 up to and including December 31, 1987, shall be as set forth below and are based upon the proportionate share of the total transpor- tation expenditures made by the COUNTY and eligible municipali- ties for the five (5) fiscal years preceding authorization and imposition of the tax (1980-1984): Local Government Distribution Proportion Seminole County 61.09% Altarnonte Springs 11.87% Casselberry 6.59% Lake Mary 0.93% Longwood 5.31% Oviedo 1.33% Sanford 9.64% winter Springs 3.24% SECTION 5. COVENANT OF THE PARTIES. (a) Prior to challenging the distribution of local option gas tax revenues under the provisions of Section 336.025(5) (b), Florida Statutes, or its successor provision, in any forum, judicial or administrative, a party shall submit, in writing, its objection to the distribution proportion to the Seminole County Office of Management and Budget, which shall, within thirty (30) days of receipt, provide to the chairperson of -5- \ the Council of Local Governments in Seminole County (CALNO), an analysis of the challenge. Upon receipt of the analysis, CALNO shall, within thirty (30) days, hear the challenge at a special meeting called solely for said purpose, at which CALNO shall, upon majority vote, render an advisory and non-binding opinion as to the validity or invalidity of the challenge. (b) In the event that any party hereto shall challenge the distribution of local option gas tax revenues under the provisions of Section 336.025(5) (b), Florida Statutes, or its successor provision, in any forum, judicial or administra- tive, the revenues to be distributed to the parties shall not be held, escrowed, or delayed by the Florida Department of Revenue during the pendency of the dispute and, to the extent legally permissible, the revenues shall be distributed to each party to the extent that each party's distribution share would not be reduced if the challenge were successful. SECTION 6. AMENDMENT OF ORDINANCE 83-22. Upon due authorization, execution, and delivery of a valid Interlocal Agreement by and among the COUNTY and municipalities in accor- dance with Section 336.025(3)(a)1., Florida Statutes (1985), the COUNTY will cause Seminole County Ordinance 83-22 to be amended as follows: Delete Section 3 in its entirety and substitute therefore the following SECTION 3. DISTRIBUTION OF PROCEEDS. Proceeds of the tax hereby imposed shall be divided and distri- buted among the County government and eligible munici- palities in accordance with the provisions of Section 336.025, Florida Statutes, as amended. The County shall provide the Department of Revenue, State of Florida, with the actual distribution percentages whether derived from an interlocal agreement as authorized by Section 336.025(3) (a)l, Florida Statutes (1985), or by applicability of the statutory formula -6- , " . , . set forth in Section 336.025(4), Florida Statutes (1983) . SECTION 7. SAVINGS CLAUSE. The parties agree that if any provision of this Agreement is declared invalid in any administrative or judicial proceeding, the provisions of Seminole County Ordinance Numbers 83-22, 85-33, and 85-34 shall survive and be in full force and effect without prejudice to any party disputing distribution percentages pursuant to Section 336.025(5) (b), Florida Statutes (1985). IN WITNESS WHEREOF, the parties having caused this Agreement to be executed in eight (8) counterparts by their respective and duly authorized offices on the respective dates. J' /' .. , I . / ' yji-JA Y; Ii ..', hfll- __ ~' L', IZi.:J;if.. 'J _ PATSY (WAINRIGHT, _ TY,CLERK CITY OF ALTAMONTE SPRINGS ,) I By: _~~~O ~AY ND AMBROSE, Mayor ~ Date: ~yA-.n'" ~7;. <fZ,{4-, ( ATTEST: ATTEST: CITY OF CASSELBERRY LINDA GARAVANO, City Clerk By: OWEN SHEPPARD, Mayor Date: d:&Q2~u~ ROL A. EDWARDS, Clty C erk CITY OF LAKE MARY By: ((~~lU~~ RICHARD A. FES , Mayor Date: q IL L lob I I ATTEST: CITY OF LONGWOOD By: LARRY GOLDBERG, Mayor DONALD L. TERRY, City Clerk Date: L/ l :t: /1 /Ia{(c-cff ,U Y NANCY K. C , Clty Clerk tj By~'I/~ R~~.IWH~R, Mayor Date: Sl/I-S/, ATTEST: -7- ... , ATTEST: /j7A~~ H~NRY ~AMM_y. C// Clty C erk ATTEST: CITY OF SANFORD iii' [) Ij, By: . J ,#n~Jl BE-'T~ 8MI,/:, Mayor Date: '1 It/' In / / ~J' ~J::j MARY T. NORTON, City Clerk ATTEST: As authorized for execution by .th. e Board of c!lnty Commis- si5LQS in their ~ r ~ ' 19 regular rnee in LNG/gg 061786 Rev 070286/1f Rev 070386 Rev 070786 Rev 070886 Rev 080686 Rev 080786 Date: -8- BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA By: ~tenstrom, McIntosh, Julian, Colbert (6 Whigham, P. A. Attorneys and Counsellors at Law 0un Bank Downtown. 200 W. First 0treel Post Ofllce Box 1330 0anford. Florida 32772-1330 (305) 322-2171 ORL. 834-5119 William L. Colbert Reference: July 10, 1986 ~AND DELIVERY )aX Frank A. Faison, City Manager City of Sanford, Florida Sanford City Hall Sanford, Florida 32771 RE: Local Option Gas Tax/Proposed Inter10cal Agreement Dear Frank: Enclosed please find a final draft of a proposed Interlocal Agreement between the County and the Cities regarding settlement of the ongoing local option gas tax issue. As I understand it, tentative agreement has been reached between the Cities and the County to resolve this matter. The enclosed draft is intended to be a final one and should be submitted to the City Commission for their consideration. If I may be of further assistance, please feel free to contact me. Sincerely, STENSTROM, McINTOSH, COLBE~ ~HIGHAM, I!){d William L. Colbert JULIAN, P. A. WLC/lss Enclosures COUNTY OF SEMINOLE FLORIDA COUNTY A HORNEY'S OFFICE PHONE: (305) 321-1130, EXT. 254 July 0, 1986 1101 EAST FIRST STREET SANFORD, FLORIDA 32771 Clay SiIn!l1ons, Esquire Stenstroill, McIntosh, JUlian, Colbert & Whigham, P.A. Post Office Box 1330 Sanford, Florida 32771 Attorney for Casselberry, Oviedo and Sanford Re: Legislation Pertaining to Local Option Gas Tax/ Proposed Interlocal Agreement Dear Clay: Two counterparts of an Interlocal Agreement are enclosed for your review. This document is the result of our "ll1ark-llp" session of July 7, 1986. If the document meets with your approval, please arrange for its consideration by your City Commission on or before July 22. The reason for the deadline is so that an Interlocal Agreement, fully executed 01' all the parties, can be submitted to the Cabinet Aides' meeting scheduled for July 23 in Tallahassee, and thereby placed on the agenda for the meeting of the Governor and the Cabinet scheduled for July 29. Should your City COil1mission aecide to enter into the Agreement, please return one fully executed counterpart to my office by noon July ~2. It is anticipated that, if these deadlines can be met, Altamonte I-/ill dismiss its petition anci tile local option gas tax proceeas can be distriouted ill1;lIediately ii1 accordance with the Inter local Agree;,lent. Thank you [or your assistance 1n this matter. Very truly yours, . ~~ton County Attorney UC/lf Enclosures c c : I jay 0 rot E a c 11 C i t Y - II i tho ute 11 c 1 0 sur e s City i'Jdll,YjCrs - l/itllOUt enclosurL';; INTERLOCAL AGREEMENT THIS AGREEMENT, by and between the COUNTY OF SEMINOLE, a poli tical subdivision of the State of F10r ida, whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771, hereinafter referred to as COUNTY, and the following municipalities: CITY OF ALTAMONTE SPRINGS, a Florida municipal corpora- tion, whose address is 225 Newburyport Avenue, Altamonte Springs, Florida 32701, hereinafter referred to as ALTAMONTE SPRINGS; and CITY OF CASSELBERRY, a Florida municipal corporation, whose address is 95 Lake Triplet prive, Casselberry, Florida 32707, hereinafter referred to as CASSELBERRY; and CITY OF LAKE MARY, a Florida municipal corporation, whose address is Post Office Box 725, Lake Mary, Florida 32746, herein- after referred to as LAKE MARY; and CITY OF LONGWOOD, a Florida municipal corporation, whose address is 175 W. Warren Avenue, Longwood, Florida 32750, herein- after referred to as LONGWOOD; and CITY OF OVIEDO, a Florida municipal corporation, whose address is Post Office Box 159, Oviedo, Florida 32765, hereinafter referred to as OVIEDO; and CITY OF SANFORD, a Florida municipal corporation, whose address is Post Office Box 1778, Sanford, Florida 32771, herein- after referred to as SANFORD; and CITY OF WINTER SPRINGS, a Florida municipal corporation, whose address is 400 N. Edgemon Avenue, Winter Spr ings, F10r ida 32708, hereinafter referred to as WINTER SPRINGS. WHEREAS, under the authority of Section 336.025, Florida Statutes, and pursuant to Seminole County Ordinances Nos. 83-22, 85-33 and 85-34, the COUNTY levied a combined six cents ($.06) local option gas tax upon every gallon of motor fuel and special fuel sold in Seminole County and provided for distribution of the proceeds from the tax between itself and rnunicipali ties wi thin Seminole County; and -1- WHEREAS, Senate Bill 313, passed during the 1986 Legisla- tive Session, provides that an inter local agreement to determine the method for distribution of local option gas tax revenues may be entered into prior to August 1, 1986 to be effective as to 1986- 1987 local option gas tax proceeds; and WHEREAS, the COUNTY and signatory municipalties intend to provide for the distr ibution of local option gas tax proceeds according to this Agreement: NOW THEREFORE in consideration of the covenants contained herein, the receipt and adequacy of which are hereby acknowledged by all parties hereto, the parties agree to provide for the distri- bution of local option gas tax proceeds as follows: SECTION 1. TERM. This Agreement shall become effective when approved by the Governing Bodies of the COUNTY and the requi- site number of municipalities pursuant to Section 336.025, 3(a) (1), Florida Statutes (as amended 1986), and upon the dismissal by ALTAMONTE SPRINGS of its petition filed on August 27, 1985, with the Administration Commission. This Agreement shall terminate on December 31, 1997. SECTION 2. DISTRIBUTION OF PROCEEDS BEGINNING PISCAL YEAR 1987-1988. (a) The net proceeds of the combined six cents ($.06) local option gas tax levied and imposed by the COUNTY shall be allocated for calendar year January, 1988 and for each calendar year thereafter until the expiration of this Agreement on the basis of the formula set forth at Subsections (b) and (c) of this Section. Net proceeds shall mean the combined six cents ($.06) local option gas tax collected by the Florida Department of Revenue less the amount retained by the Florida Department of Revenue for administration as provided in Section 215.20, Florida Statutes or its successor provision. (b) The COUNTY and municipal portions of the com- bined six cents ($.06) local option gas tax shall be distributed for calendar years beginning January, 1988 through calendar year ending December 31, 1992, among the COUNTY and eligible -2- incorporated municipalties in Seminole County, Florida, based upon the proportional share of the total transportation expenditures made by the County and each of the eligible municipalties during fiscal years 1982-1983 through 1986-1987. (c) The COUNTY and municipal portions of the com- bined six cents ($.06) local option gas tax shall be distributed for calendar years beginning January, 1993 through calendar year ending December 31, 1997, among the COUNTY and eligible incorporated municipalities in Seminole County, Florida, based upon the proportional share of the total transportation expendi tures made by the COUNTY and each of the eligible municipalities during fiscal year 1987-1988 through 1991-1992. SECTION 3. ROLLING FORMULA COMPUTATION. (a) The COUNTY shall collect from the municipali- ties and the municipalities shall provide to the COUNTY, on or before a date established by the COUNTY and in a form determined by the COUNTY, adequate data detailing the expenditures made in each category listed in subsections (b) (1) through (b) (7) of this Section. The COUNTY shall compute distribution percentages there- from and provide to the municipalities a summary of the percentages computed and make available for review the documents from which such percentages were computed. The distribution percentages shall apply to revenue distribution during the next five (5) calendar years and, on or before July 1 of each year, the COUNTY shall forward the provided percentages to the Florida Department of Revenue. Failure by any City to provide the expenditure information in substantial compliance as required herein shall authorize the County to use that City's transportation expenditures contained in that City's audit reports, for that City's current calculations. (b) In accordance with Section 336.025(7), Florida Statutes (1985) , transportation expenditures utilized in calculating each party's distribution proportion of the local option gas tax proceeds shall only include expendi tures by each party from local or state shared revenue sources, excluding federal -3- revenue shar ing funds, local option gas tax proceeds, and bond proceeds, for the following programs: (1) public transportation operations and maintenance; (2) roadway and right-of-way maintenance and equipment; (3) roadway and right-of-way drainage; (4) street lighting; (5) traffic signs, traffic engineering, signalization and pavement markings; (6) bridge maintenance and operation; (7) debt service and current expenditures for transpor- tation capital projects in the foregoing program areas, including construction or reconstruction of roads. (c) The COUNTY and each of the Cities shall be responsible for their proportionate share of the costs incurred in computing distribution percentages and forwarding same to the Florida Department of Revenue. SECTION 4. DISTRIBUTION OF PROCEEDS FOR FISCAL YEARS 1985-1986 and 1986-1987. (a) The distribution proportions for the proceeds of the first four cents ($.04) of the combined six cents ($.06) local option gas tax for fiscal years 1985-1986 and 1986-1987 shall be as set forth below and are based upon the proportionate share of the total transportation expenditures made by the COUNTY and eligible municipalities for the five (5) fiscal years preceding authorization and imposition of the tax (1978-1982): Local Government Distribution Proportion Seminole County 64.89% Altamonte Springs 7.46% Casselberry 6.86% Lake Mary 1. 04% Longwood 5.41% Oviedo 1.54% Sanford 10.06% Winter Springs 2.74% -4- (b) The distribution proportions for the proceeds of the last two cents ($.02) of the combined six cents ($.06) local option gas tax for fiscal years 1985-1986 and 1986-1987 shall be as set forth below and are based upon the proportionate share of the total transportation expenditures made by the COUNTY and eligible municipalities for the five (5) fiscal years preceding authoriza- tion and imposition of the tax (1980-1984): Local Government Distribution Proportion Seminole County 61.09% Altamonte Springs 11.87% Casselberry 6.59% Lake Mary 0.93% Longwood 5 . 31 % Oviedo 1.33% Sanford 9.64% Winter Springs 3.24% SECTION 5. COVENANT OF THE PARTIES. (a) Prior to challenging the distribution of local option gas tax revenues under the provisions of Section 336.025(5) (b), Florida Statutes, or its successor provision, in any forum, judicial or administrative, a party shall submit, in writing, its objection to the distribution proportion to the Seminole County Off ice of Management and Budget, which shall, within thirty (30) days of receipt, provide to the chairperson of the Council of Local Governments in Seminole County (CALNO), an analysis of the challenge. Upon receipt of the analysis, CALNO shall, within thirty (30) days, hear the challenge at a special meeting called solely for said purpose, at which CALNO shall, upon majority vote, render an advisory and non-binding opinion as to the validity or invalidity of the challenge. (b) In the event that any party hereto shall challenge the distribution of local option gas tax revenues under the provisions of Section 336.025(5) (b), Florida Statutes, or its successor provision, in any forum, judicial or administrative, the -5- revenues to be distributed to the parties shall not be held, escrowed, or delayed by the Florida Department of Revenue during the pendency of the dispute and, to the extent legally permissible, the revenues shall be distributed to each party to the extent that each party's distribution share would not be reduced if the challenge were successful. IN WITNESS WHEREOF, the parties having caused this Agree- ment to be executed in eight (8) counterparts by their respective and duly authorized offices on the respective dates. ATTEST: CITY OF ALTAMONTE SPRINGS By: PENNY CONAHAN, City Clerk RAYMOND AMBROSE, Mayor Date: ATTEST: CITY OF CASSELBERRY By: LINDA GARAVANO, City Clerk CHARLES H. GLASCOCK, Mayor Date: ATTEST: CITY OF LAKE MARY By: CAROL A. EDWARDS, City Clerk RICHARD A. FESS, Mayor Date: ATTEST: CITY OF LONGWOOD By: DONALD L. TERRY, City Clerk LARRY GOLDBERG, Mayor Date: ATTEST: CITY OF OVIEDO By: NANCY K. COX, City Clerk ROBERT W. WHITTIER, Mayor Date: -6- f . ATTEST: H~~~ C Y Clerk ATTEST: MARY T. NORTON, City Clerk ATTEST: DAVID N. BERRIEN Clerk to the Board of County Commissioners of Seminole County, Florida. AS authorized for execution by the Board of County Commis- sioners in their 19 , regular meeting. LNG/gg 061786 Rev 070286/lf Rev 070386 Rev 070786 Rev 070886 Date: Date: Date: CITY OF SANFORD By: CITY OF WINTER SPRINGS By: JOHN V. TORCASO, Mayor BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA -7- .. INTERLOCAL AGREEMENT THIS AGREEMENT, by and between the COUNTY OF SEMINOLE, a political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771, hereinafter referred to as COUNTY, and the following municipalities: CITY OF ALT~~ONTE SPRINGS, a Florida municipal corpora- tion, whose address is 225 Newburyport Avenue, Altamonte Springs, Florida 32701, hereinafter referred to as ALTAMONTE SPRINGS: and CITY OF CASSELBERRY, a Florida municipal corporation, whose address is 95 Lake Triplet Drive, Casselberry, Florida 32707, hereinafter referred to as CASSELBERRY: and CITY OF LAKE MARY, a Florida municipal corporation, whose address is Post Office Box 7~5, Lake Mary, Florida 32746, hereinafter referred to as LAKE MARY: and CITY OF LONGWOOD, a Florida municipal corporation, .. whose address is 175 W. Warren Avenue, Longwood, Florida 32750, hereinafter referred to as LONGWOOD: and CITY OF OVIEDO, a Florida municipal corporation, whose address is Post Office Box 159, Oviedo, Florida 32765, herein- after referred to as OVIEDO; and CITY OF SANFORD, a Florida municipal corporation, whose address is Post Office Box 1778,' Sanford, Florida 32771, herein- after referred to as SANFORD: and CITY OF WINTER SPRINGS, a Florida municipal corpora- tion, whose addr~ss is 400 N.- Edgemon Avenue, - Winter -',Springs, . ___ I ..... Florida 32708, hereinafter referred to as WINTER SPRINGS. WHEREAS, under the authority of Section 336.025, Florida Statutes, and pursuant to Seminole County Ordinances Nos. 83-22, 85-33 and 85-34, the COUNTY levied a combined six cents ($.06) local option gas tax upon every gallon of motor fuel and special fuel sold in Seminole County and provided for distribu- tion of the proceeds from the tax between itself and municipali- ties within Seminole County: and -1- ~ WHEREAS, Senate Bill 313, passed during the 1986 Legislative Session, provides that an inter local agreement to determine the method for distribution of local option gas tax revenues may be entered into prior to August 1, 1986 to be - effective as to 1986-1987 local option gas tax proceeds or prior to June 1 of any year thereafterJ and WHEREAS, the COUNTY and signatory municipalties intend to provide for the distribution of local option gas tax proceeds according to this Agreement: NOW THEREFORE in consideration of the covenants contained herein, the receipt and adequacy of which are hereby acknowledged by all parties hereto, the parties agree to provide for the distribution of local option gas tax proceeds as follows: SECTION 1. TERM. This Agreement shall become effec- tive when approved by the Governing Bodies of the COUNTY and the requisite number of municipalities pursuant to Section 336.025, 3(a)(1), Florida Statutes (as amended 1986), and upon the dismissal by ALTAMONTE SPRINGS of its petition filed on August 27, 1985, with the Administration Commission. This Agreement shall remain in effect for the lives of the taxes adopted pursuant to Seminole County Ordinance 83-22, as amended by Seminole County Ordinance 84-33, and Ordinance 85-34. SECTION 2. DISTRIBUTION OF PROCEEDS BEGINNING FISCAL YEAR 1981-1988. (a) The net proceeds of the combined six cents ($.06) local option gas tax levied and imposed by the COUNTY shall be allocated for calendar year January, 1988 and for each calendar year thereafter until the expiration of this Agreement on the basis of the formula set forth at Subsections (b) and (c) of this Section. Net pr~ceeds shall mean the combined six cents ($.06) local option gas tax collected by the Florida Department of Revenue less the amount retained by the Florida Department of Revenue for administration as provided in section 215.20, Florida Statutes, or its successor provision. -2- .. (b) The County portion of the combined six cents ($.06) local option gas tax shall be distributed for calendar years beginning January, 1988 and thereafter for the lives of the taxes, as established pursuant to Seminole County Ordinances 83-22, as amended by Ordinance 85-33, and Ordinance 85-34 on the basis of 63.6 per cent (the County portion) to the County. The balance of 36.4 percent (the municipal portion) shall be distri- buted to all eligible incorporated municipalities in Seminole County, Florida. (c) The municipal portion of the combined six - cents ($.06) local option gas tax shall be distributed for calendar years beginning January 1, 1988 and thereafter for the lives of the taxes as established pursuant to Seminole County Ordinances 83-22, as amended by Ordinance 8~-33, and Ordinance 85-34, among the eligible incorporated municipalities in Seminole County, Florida, based upon a five (5) year floating formula, annually adjusted, based upon the proportipnal share of the total transportation expenditures made by each of the municipalities. SECTION 3. ROLLING FORMULA COMPUTATION. (a) The COUNTY shall collect from the municipali- ties and the municipalities shall provide to the COUNTY, on or before a date established by the COUNTY and in a form determined by the COUNTY, adequate data detailing the expenditures made in each category listed in subsections (b) (l) through (b) (7) of this Section. The COUNTY shall compute distribution percentages therefrom and provide to the municipalities a summary of the percentages computed and make available for review the documents from which such percentages were computed. The distribution percentages shall apply to revenue. qistribution duri ng t:.hp next . - ' calendar year and, on or before July 1 of each year, the COUNTY shall forward the provided percentages to the Florida Department of Revenue. Failure by any City to provide the expenditure information in substantial compliance as required herein shall -3- , authorize the County to use that City's transportation expendi- tures contained in that City's audit reports, for that City's current calculations. (b) In accordance with Section 336.025(7), Florida Statutes (1985), transportation expenditures utilized in calcu- lating each party's distribution proportion of the local option gas tax proceeds shall only include expenditures by each party from local or state shared revenue sources, excluding federal revenue sharing funds, local option gas tax proceeds, and bond proceeds, for the following programs: (1) public transportation operations and maintenanceJ (2) roadway and right-of-way maintenance and equipmentJ (3) roadway and right-of-way drainageJ (4) street 1ightingJ (5) traffic signs, traffic engineering, signalization and pavement markingsJ (6) bridge maintenance and operationJ (7) debt service and current expenditures for transpor- tation capital projects in the foregoing program areas, including construction or reconstruction of roads. SECTION 4. DISTRIBUTION OF PROCEEDS FOR FISCAL YEARS 1985-1986 and 1986-1987. (a) 'The distribution proportions for the proceeds of the first four cents ($.04) of the combined six cents ($.06) local option gas tax for fiscal years 1985-1986 and 1986-1987 up to and including December 31, 1987, shall be as set forth below and are based upon the proportionate share of the total transportation expenditures made by the COUNTY and eligible municipalities for the five (5) fiscal yearR ~receding authori7.n- tion and imposition of the tax (1978-1982): -4- '. Local Government Distribution Proportion Seminole County 64.89' Altamonte Springs 7.46' Casselberry 6.86' Lake Mary 1~04' Longwood 5.41' OViedo 1.54' Sanford 10.06' winter Springs 2.74' (b) The distribution proportions for the proceeds of the last two cents ($.02) of the combined six cents ($.06) local option gas tax for fiscal years 1985-1986 and 1986-1987 up to and including December 31, 1987, shall be as set forth below and are based upon the proportionate share of the total transpor- tation expenditures made by the COUNTY and eligible municipali- ties for the five (5) fiscal years preceding authorization and imposition of the tax (1980-1984): Local Government Distribution Proportion Seminole County 61.09% Altamonte Springs 11.87% Casselberry 6.59% Lake Mary 0.93% Longwood 5.31% OViedo 1.33% Sanford 9.64% Winter Springs 3.24% SECTION 5. COVENANT OF '1'BE PARTIES. (a) Prior to challenging the distribution of local option gas tax revenues under the provisions of Section 336.025(5) (b), Florida Statutes, or its successor provision, in any forum, judicial or administrative, a party shall submit, in writing, its objection to the distribution proportion to the Seminole County Office of Management and Budget, which shall, within thirty (30) days of receipt, provide to the chairperson of -5- the Council of Local Governments in Seminole County (CALNO), an analysis of the challenge. Upon receipt of the analysis, CALNO shall, within thirty (30) days, hear the challenge at a special meeting called solely for said purpose, at which CALNO shall, upon majority vote, render an advisory and non-binding opinion as to the validity or invalidity of the challenge. (b) In the event that any party hereto shall challenge the distribution of local option gas tax revenues under the provisions of Section 336.025(5) (b), Florida Statutes, or its successor provision, in any forum, judicial or administra- . tive, the revenues to be distributed to the parties shall not be held, escrowed, or delayed by the Florida Department of Revenue during the pendency of the dispute and,. to the extent legally permissible, the revenues shall be distributed to each party to the extent that each party's distribution share would not be reduced if the challenge were successful. SECTION 6. AMENDMENT OF ORDINANCE 83-22. Upon due authorization, execution, and delivery of a valid Interlocal Agreement by and among the COUNTY and municipalities in accor- dance with Section 336.025(3)(a)1., Florida Statutes (1985), the COUNTY will cause Seminole County Ordinance 83-22 to be amended as follows: Delete Section 3 in its entirety and substitute therefore the following SECTION 3. DISTRIBUTION OF PROCEEDS. Proceeds of the tax hereby imposed shall be divided and distri- buted among the County government and eligible munici- palities in accordance with the provisions of Section 336.025, Florida Statutes, as amended. The County shall provide the Department of Revenue, State 01 Florida, with the actual distribution percentages whether derived from an inter local agreement as authorized by Section 336.025(3)(a)1, Florida Statutes (1985), or by applicability of the statutory formula -6- set forth in Section 336.025(4), Florida Statutes (1983). SECTION 7. SAVINGS CLAUSE. The parties agree that if any provision of this Agreement is declared invalid in any administrative or judicial proceeding, the provisions of Seminole County Ordinance Numbers 83-22, 85-33, and 85-34 shall survive and be in full force and effect without prejudice to any party disputing distribution percentages pursuant to Section 336.025(5)(b), Florida Statutes (1985). IN WITNESS WHEREOF, the parties having caused this Agreement to be executed-in eight (8) counterparts by their respective and duly authorized offices on the respective dates. ATTEST: CITY OF ALTAMONTE SPRINGS PENNY CONAHAN, City Clerk By: RAYMOND AMBROSE, Mayor Date: ATTEST: CITY OF CASSELBERRY LINDA GARAVANO, City Clerk By: OWEN SHEPPARD, Mayor Date: ATTEST: CITY OF LAKE MARY CAROL A. EDWARDS, City Clerk ,By: RICHARD A. FESS, Mayor Date: ATTEST: CITY OF LONGWOOD DONALD L. TERRY, City Clerk By: LARRY GOLDBERG, Mayor Date: ATTEST: CITY OF OVIEDO NANCY K. COX, City Clerk By: ROBERT W. WHITTIER, Mayor Date: -7- , . ATTEST! CITY OF SANFORD ~~~~f~ By. Date: ATTEST: MARY T. NORTON, City Clerk ATTEST: DAVID N. BERRIEN Clerk to \he Board of County Commissioners of Seminole County, Florida. As authorized for execution by the Board of County Commis- sioners in their 19___, regular meeting. LNG/gg 061786 Rev 070286/1f Rev 070386 Rev 070786 Rev 070886 Rev 080686 Rev 080786 Date: Date: , -8- CITY OF WINTER SPRINGS By: JOHN V. TORCASO, Mayor BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA By: ROBERT J. STURM, Chairman COUNTY OF SEMINOLE & '. .- . . . FLORIDA BOARD 0" COUNTY COMMISSIONERS PHONE: laOS> aaHlao August 8, 1985 1I0l EAST "IRST STREET SAN"ORD. "LORIDA aa77l Mr. Frank Faison City Manager City of Sanford P. O. Box 1778 Sanford, Florida 32771 Dear Mr. Faison: Enclosed for your information are copies of the following documents concerning the existing four cent and newly imposed additional two cent local option gas tax. I. Ordinance as approved by the Board of County Commissioners on August 6, 1985 amending Ordinance 1183-22 increasing the term of the four cent local option gas tax from ten years to thirty years. 2. Ordinance as approved by the Board of County Commissioners on August 6, 1985 imposing an additional two cent local option gas tax effective for a period of thirty years, beginning September I, 1985. 3. Resolution for Board action August 13, 1985 stating the distribution proportions for the four cent local option gas tax proceeds. 4. Resolution for Board action August 13, 1985 stating the distribution proportions for the additional two cent local option gas tax proceeds. 5. Memorandum to the Board from Seminole Countyts OMB Director concerning local option gas tax distribution. This should provide you with the latest information concerning these revenue sources. We wi II be forwarding fully executed copies of the documents as they become available. If Seminole County can be of further assistance please let me know. Sincerely, BOARD OF COUNTY COMMISSIONERS -tkUc ~ Richard C. George Deputy Co. Administrator! Administration RCG!kgh Enclosures ORDINANCE NO. 85- SEMINOLE COUNTY, FLORIDA o R DIN A N C E AN ORDINANCE AMENDING ORDINANCE 83-22 BY INCREASING THE TERM OF THE FOUR (4) CENT LOCAL OPTION GAS TAX IMPOSED THEREBY FROM TEN (10) YEARS TO THIRTY (30) YEARS 1 PROVIDING FOR CODIFICATION IN THE SEMINOLE COUNTY CODE 1 PROVIDING FOR SEVERABILITY 1 AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Sel.inole County, Florida, by Ordinance No. 83-22, imposed for a period of ten (10) years a local option gas tax pursuant to Section 336.025, Florida Statutes; and WHEREAS, growth trend projections for the State and Seminole County into and beyond the year 2000 anticipate a demand for improvements to the present transportation system that wi 11 exist beyond the present ten-year term of such taxI and WHEREAS, the Legislature, by Section 33 of The Transpor- tation Reform, Accountability and Cooperation Act of 1985, Chapter 85-180, Laws of Florida, has added paragraph (d) to subsection (1) of Section 336.025, Florida Statutes, 1984 Supplement, which states in part: (d) Any county which has adopted as of the ef- fective date of this act, a tax levied pursuant to thi s sect ion for a per iod of 10 year s or less may, upon a majority vote of the governing body of the county, extend such tax to a period not to exceed 30 years; and WHEREAS, the County desires at this time to take advan- tage of this legislative authorization to make provision for the future transportation needs of the County. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF SEMINOLE COUNTY, FLORIDA: SECTION 1. AUTHORITY. This Ordinance is authorized by Section 336.025, Florida Statutes, as amended. -1- SECTION 2. AMENDMENT. Section 9 of Seminole County Ordinance 83-22 is hereby amended to read as follows: Section 9. The tax imposed hereby shall be effec- tive from September 1, 1983 to August 31, 2013, both inclusive. SECTION 3. CODIFICATION. It is the intention of the Board of County Commissioners that the provisions of this Ordinance shall become and be made a part of the Seminole County Code and the word .ordinance. aay be changed to .section,. .article,. or other appropriate word or phrase and the sections of this Ordinance may be renumbered or relettered to accomplish such intention; provid- ing, however, that Sections 3, 4, and 5 shall not be codified. SECTION 4. SEVERABILITY. If any provision of this Ordi- nance or the application thereof to any person or circumstance is held invalid, it is the intent of the Board of County Commissioners that the invalidity shall not affect other provisions or applica- tions of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared severable. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect upon receipt of official acknowledgment by the Clerk of the Board of County Commissioners from the Department of State that this Ordinance has been filed with the Department of State. ENACTED this day of August, 1985. BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA RAM/lf 01/05/85 -2- ORDINANCE NO. 85- SEMINOLE COUNTY, FLORIDA o R DIN A N C E AN ORDINANCE IMPOSING AN ADDITIONAL TWO (2) CENT LOCAL OPTION GAS TAX UPON EVERY GALLON OF MOTOR FUEL AND SPECIAL FUEL SOLD IN SEMINOLE COUNTY AND TAXED UNDER THE PROVISIONS OF CHAPTER 206, FLORIDA STATUTES; PROVIDING THAT THE TAX IMPOSED SHALL BE EFFECTIVE FOR A PERIOD OF THIRTY (30) YEARS, BEGINNING SEPTEMBER 1, 1985; PROVIDING FOR DISTRIBUTION AMONG THE COUNTY GOVERNMENT AND ELIGIBLE MUNICI- PALITIES; PROVIDING FOR CODIFICATION IN SEMINOLE COUNTY CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 336.025, Florida Statutes, as amended, author i zes Seminole County to impose an add i t ional 1 or 2 cen t local option gas tax upon every gallon of motor fuel and special fuel sold in Seminole County and taxed under the provisions of Chapter 206, Florida Statutes; and WHEREAS, moneys received from the local option gas tax authorized by Section 336.025, Florida Statutes, as amended, shall be utilized for transportation expenditures; and WHEREAS, Seminole County is presently without sufficient revenues to adequately fund the transportation needs of the County; and WHEREAS, the safe, efficient and uninterrupted transpor- tation of people and property from place to place in Seminole County is a matter of great concern to the people of the County. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF SEMINOLE COUNTY, FLORIDA: Section 1. AUTHORITY. This Ordinance is authorized by Section 336.025, Florida Statutes, as amended. Section 2. TAX IMPOSED. There is hereby imposed an additional two (2) cent local option gas tax upon every gallon of motor fuel and special fuel sold in Seminole County and taxed under the provisions of Chapter 206, Florida Statutes. Section 3. TERM OF TAX. The tax imposition hereby made shall be effective from September 1, 1985, to August 31, 2015, both inclusive. -1- .. Section 4. DISTRIBUTION OF PROCEEDS. Proceeds of the tax hereby imposed shall be divided and distributed among the County government and eligible municipalities in accordance with the provisions of Section 336.025, Florida Statutes, as amended. The County shall provide the Department of Revenue, State of Florida, with the actual distribution percentages whether derived from an interloca1 agreement as authorized by Section 336.025(3) (a)l, Florida Statutes, or by applicability of the statu- tory formula set for th in Section 336. 025 (4), Flor ida Sta tu tes, prior to September 1, 1985. Section 5. CODIFICATION. It is the intention of the Board of County Commissioners that the provisions of this Ordinance shall become and be made a part of the Seminole County Code and the word .ordinance" may be changed to .section,. "article,. or other appropriate word or phrase and the sections of this Ordinance may be renumbered or relettered to accomplish such intention; provid- ing, however, that Sections 5, 6 and 7 shall not be codified. Section 6. SEVERABILITY. I f any provi s ion of thi s Ordinance or the application thereof to any person or circumstance is held invalid, it is the intent of the Board of County Commis- sioners that invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared severable. SECTION 1. EFFECTIVE DATE. This Ordinance shall take effect upon receipt of official acknowledgment by the Clerk of the Board of County Commissioners from the Department of State that this Ordinance has been filed with the Department of State. day of , 1985. ENACTED this RAM/lf 010585 COUNTY COMMISSIONERS COUNTY, FLORIDA -2- SEMINOLE COUNTY, FLORIDA RESOLUTION NO. 85-R- ON MOTION BY COMMISSIONER , SECONDED BY COMMISSIONER , THE FOLLOWING RESOLUTION WAS ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF SEMINOLE COUNTY, PLORIDA, AT THEIR REGULARLY SCHEDULED MEETING OF _____, 19_ WHEREAS, the Board of County Commissioners of Seminole County, Florida, by Ordinance No. 83-22, imposed a 4t local option gas tax pursuant to Section 336.025, Florida Statutes (1983), as amended; and WHEREAS, Section 336.025(4), Florida Statutes (1983), as amended, provides a formula for distribution of the proceeds of said tax; and WHEREAS, the County must, pursuant to said Statute, de- teraine the proportion of said tax to be distributed to the County and each of the eligible municipalities within the County; and WHEREAS, the County has compi led financial data sufficient to aake said determination. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF SEMINOLE COUNTY, FLORIDA, that the 4t local Jption gas tax proceeds shall be distributed to each of the following entities as follows: Local Government Distribution Proportion Seminole County Altamonte Springs Casselberry Lake Mary Longwood Oviedo Sanford Winter Springs 64. 89% 1. 46% 6. 86% 1. 04% 5. 41% 1. 54% 10.06% 2.14% ADOPTED this day of , 1985. ATTEST: BOARD OF COUNTY COMMISSIO~ERS SEMINOLE COUNTY, FLORIDA DAVID N. BERRIEN Clerk to the Board of County commissioners of Seminole County, Florida. RESOLUTION NO. 85-R- SEMINOLE COUNTY, FLORIDA ON MOTION BY COMMISSIONER _______. SECONDED BY COMMISSIONER , THE FOLLOWING RESOLUTION WAS ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF SEMINOLE COUNTY, FLORIDA, AT THEIR REGULARLY SCHEDULED MEETING OF AUGUST , 1985. WHEREAS, the Board of County Commissioners of Seminole County, Florida, by Ordinance No. 85- , imposed an additional 2t local option gas tax pursuant to Section 336.025, Flor ida Statutes (1984), as amended by Chapter 85-180, LAWS of Flor ida; and WHEREAS, Section 336.025(4), Florida Statutes (1983), provides a formula for distribution of the proceeds of said tax; and WHEREAS, the County must, pursuant to said Statute, de- termine the proportion of said tax to be distributed to the County and each of the eligible municipalities within the County; and WHEREAS, the County has compiled financial data sufficient to aake said determination. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF SEMINOLE COUNTY, FLORIDA, that the additional 2t local option gas tax proceeds shall be distributed to each of the following entities as follows: Local Government Distribution Proportion Seminole County A1tamonte Springs Casselberry Lake Mary Longwood Oviedo Sanford Winter Springs 61. 09% 11. 81% 6.59% 0.93% 5. 31% 1. 33% 9.64% 3.24% ADOPTED this day of August, 1985. ATTEST: BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA DAVID N. BERRIEN Clerk to the Board of County Commissioners of Seminole County, Florida. By: lmim'R'i'J":-STURM, Chai rlllan t , August S, 1985 IIBIIORANWM TO: Board of Count;Jl-)Conpissioners C'~~/6.~ Bleanor B. Anderson OMB Director FROM: Sf) B:JB::T : Local Option Gas Tax Distribution --------------------------------------------------------------------------------- In accordance with the current requirements in the Florida Statutes for distribution of the Local Option Gas Tax, the same procedures were used by the Office of Management and Budget for updating the five-year actual expenditure report to include Fiscal Years 1982/83 and 1983/84. In determining these expenses, the eligible transportation expenditure is defined as expenditures from local or state-shared revenue sources, excluding expenditure of bond proceeds and Local Option Gas Tax revenue for the following programs: 1. Public transportation operations and maintenance. 2. Roadway and right-of-way maintenance and equipment. 3. Roadway and right-of-way drainage. 4. Street Lighting. S. Traffic signs, traffic engineering, signalization and pavement markings. 6. Bridge maintenance and operation. 7. Debt service and current expenditures for transportation capital capital projects in the above program areas, including construction or reconstruction of roads. A review of information submitted by the municipalities, as well as the County's actual expenditures was done indepth to assure that all expenditures were in accordance with the legal interpretation of the statute agreed upon previously by all affected entities. The actual audit reports for the two ending fiscal years, the annual financial reports submitted to the State Comptroller's office and detailed financial accounting records were used for documentation of actual transportation expenditures for the S-year update. The comparison of the percentage distribution for 1982 and 1984 are as fo11CMs: 1978/1982 1980/1984 Five Year Five Year Increase Transp. Exp. % Transp. Exp. , (Decrease) Seminole County $19,419,313 64.89% $24,524,013 61.09% (3.80)% Altamonte Springs 2,232,507 7.46 4,767,704 11 .87 4.41 Casselberry 2,052,833 6.86 2,645,628 6.59 (0.27) Lake Mary 310,220 1.04 373,879 0.93 (0.11) Longwood 1,620,868 5.41 2,131,602 5.31 (0.10) OViedo 460,836 1.54 533,927 1.33 (0.21) Sanford 3,010,839 10.06 3,868,601 9.64 (0.42) Winter Springs 819,002 2.74 1,300,313 3.24 0.50 TOTAL $29,926,418 100.00% $40,145,667 100.00% 0.00% Should you need additional irJormation, please advise. EBA/tl cc: Ken Hooper, County Administrator Richard George, Deputy County Administrator/Adm. Larry Sellers, Director of Public Works Bob McMillan, County Attorney's Office