Okaloosa County BOCC — September 6, 2016 — Stipulation and Agreement of Lawsuit 81-199

Ae— __ 195% ) Betore )Zflday — é N Sy 7 T ERWIN FLEET, Circuit Judge S1-199 STIPULATION AND AGREEMENT FILED . The Parties hereto, Okaloosa N%ngraéuéhemflnes of Fort Walton Beach, GCrestview, and Valparal'ss?*. Ffls‘gerfihy“c‘}gg\t. agree, and stipulate that each of them desires to amicablyfsettle that certain lawsuit styled City of Fort Vlaltegf_flfla&fi.fi'@é:‘:%fi,cfiy(kaloosa County, Nurber 81-199, and finally dispgg(eALgPSi‘hzcbiNsTs‘\{;es i.nvolved therein, through the establishment of the termms of this agreement and the formulas contained herein with regard to all future years. The Parties further agree that this Stipulation and Agreement shall be incorporated into and became a part of the Final Judgment to be entered in the previously-referenced case, and as a part of such Final Judgment, it shall be binding on the Parties hereto for all future years, except if legislation addressing the issue or issues of double taxation or the budgetary process of the county or cities, is substantially modified or amended, or the parties mutually agree to a modification of this agreement. WHEREFORE, in consideration of the mutual covenants and agreements contained herein, the Parties Stipulate and Agree as follows: I. PARKS AND RECREATION The Parties agree that the following parks do not provide "real and substantial benefit" to the cities of Fort Walton Beach, Crestview, and Valparaiso: Taylor Park (Destin Park), Meigs Park, Longwood Park, South Avenue Park, Oak Grove River Park, Lang Road Park, Seminole Park, and Milligan-Yellow River Park. The County agrees that it will establish municipal service taxing units (MSIU'S) for each of said parks beginning with fiscal year 1984-85, and that each year thereafter the cost of maintenance and operation of all such parks shall be financed from funds generated fram the imposition of ad valorem property tax, special assessments, or service charges, as Okaloosa County may determine. The cities stipulate and agree that the following parks are of real and substantial benefit to the persons and property within the incorporated limits of said three cities: Ross Marlier Park (a/k/a Brooks Bridge), Little League Park, Shoal River Wayside Park, County Line Park, Blackesater River Park, Newman C. Brackin Wayside Park and Joln Beasley Park. T cop ©d 0€ZT1 M€ »» SQYOD3IV TYIDIZIO w» B L T T IT. QOUNTY ROAD MAINTAINANCE AND TRANSFORTATION Based on maps reviewed by the Okaloosa County Road Department staff, and the attorneys representing the Parties, the Parties have agreed on certain roads which have been marked in red pencil on a map of the County, which such roads do not provide a "real and substantial benefit" to the residents of the cities of Fort Walton Beach, Crestview, and Valparaiso. It is agreed that the above mentioned maps has been signed by each attorney and will be retained in a place designated by the County. The County Road Department staff, pursuant to the instruction of counsel for the Parties and Mr. David Heinrich, have calculated the amount of funds expended for maintenance of such roads. Based on this calculation it has been determined that 63.4 percent of the expenditure for the maintenance of roads involves roads from which the residents of the three cities receive no "real and substantial benefit", and 36.6 percent of such expenditures involve roads which serve both residents in the unincorporated of the County and residents within the three cities. The Parties stipulate and agree that this 63.4 percent ratio shall be used in all future years to establish the ratio and proportion of the County Road Depariment budget which does not provide a "real and substantial benefit" to the residents of the cities of Fort Walton Beach, Crestview, and Valparaiso, wunless additional areas are incorporated. The Parties further stipulate and agree that this same 63.4 percent ratio shall be applied against all related services and appropriations such as: a) Equipment maintenance; b) Fuel