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Home My WebLink AboutR-1994-066RESOLUTTON NO 66-e4 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE SECOND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWTH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; Section 1. That that certain Second Amendment to lnterlocal Agreement Between Broward County and City Of Dania Providing for Division and Distribution of the Proceeds from the Broward County Additional Local Option Gas Tax on Motor Fuel Ordinance. a copy of which is attached hereto and made a part hereof as Exhibit '4", be and the same is hereby approved and the appropriate city officials are hereby directed to execute same. Section 2. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 3. That this resolution shall be in force and take effect immediately upon its passage and adoption. 26th ,19PASSED and ADOPTED on this day of ATTEST: Apri 1 /U"*Mayor - Com ssroner ity Clerk - Auditor APPROVED AS TO FORM & CORRECTNESS r'. A//tA----By:4 FRANK C. ADLER, City Attorney THIS AGREEMENT, made and entered into by and betwee:r: couNTi;- a --pJili"":. subdivision of the state of hereinafter ieferred to as rr CoIJNTY r rl AND CITY OF DANIA, a municipal corporation' exi-sting under the laws of the state or rfoiiaa,' hereinifter referred to as rrcrTY'r' W I T N E S S E T H: IN CoNSIDERATIoN of the mutual terms' conditions' promises' covenants and payrnents hereinafter set forth and pursuant -to the authorization ot parlltipu lil(b)(2 of^section 316'o25' Florida siui"i"", the cot NTY ana cftv agree as follows: 1. The cfTY is a municipatity located within Bro!'ard county 'iioriaa, ana tue iiiY iepreient-s th-at the crrY is eligible to i"""i".' . po.iiott of -proceeds frorn the trBroward county Additional r,oca-i option bas Tax on Motor Fuel ordinance' rr as ttrat terrn is aeflnei and inposed by Broward County Pursuant to ordinance . 2. Sixty-two and one-half percent. (62-'5t) of the .tota-I proceeds fron the Broward counti Additional Local option Gas Tax on i"i". -i".i orainante sfa1l be distributed to the couNTY and in" i.rui.i"g thiiiy-.even and one-half Percent (.37 '5t) of the total proce"at sn.ff be divided among and distributed to the "iigiui" nunicipalities within the couNTY as follows: SECOND AI{ENDMENT to INTERI.OCAL AGREE!,IENT Betrreen BROWARD COUNTY and CTTY OF DANIA Providing for DIVISION AND DISTRIBIITION OF THE PROCEEDS TRO}T THE BROWARD COI'NTY ADDITIONAL IOCAL OPTION GAS TAX ON UOTOR FUEL ORDINANCE BROWARDFIorida, EXHIBIT ,,A" Pooulation of rndividual Municipality x 37.58 =Total Incorporated Area Population RecipLent Share of Proceeds Coconut creek l. 0]-77971 cooper city 0.821904* Corat Springs 2.a62422$ Dania o.544o42* Davie 1.6841548 Deerfleld Beach 1. 53 313 2t Fort Lauderdale 4.786891t Hallandale 1.004535* Hiltsboro Beach 0.056222* Hollywood 3.989188* Lauderdale-by-the sea o. o95ooo* Lauderdale Lakes 0.891160* l,auderhill 1.590954t Lazy Lake O. OO1287t Lighthouse Point o.334245rt t[argate 1.457021* Uiranar 1.350732t North Lauderdale 0.8581098 oakland Park 0.900107t Parkland 0.237 602* Penbroke Park o.159849t Penbroke Pines 2.414L23* Plantation 2.338205* Pompano Beach 2.355355t o.019824t 2 .302386* I . 503267 Z 0.378367t 52.500000* 100, 008 3.The population figures set out herein are based on the figurescontained in the docunent referred to as the ItFlorida Estinates of Population, published on an annual basis by theBureau of Economics and Business Research, PopulationDivision, University of Florida. The population figures to be utilized in the formula deiscribed in Paragraph 3 of thisInterlocal Agreement, for the division and distribution of the proceeds frorn the Brordard county Additional Local option Gas tax on uotor FueI Ordinance, shall be adjusted annually based on the current Research, Population Division, University of Florida. Such annual adjustnent shal1 be deterrnined as of Septenber 1 of each year during which this Interlocal Agreenent is in effect. For the purpose of this Agreement, the following population fignrres are hereby agreed uPon: sea Ranch Lakes Sunrise Tanarac Wilton Uanors Broward county TOTAI Rec ipient coconut creek Cooper City coral springs Dan ia Davie Deerfield Beach Ha I landa Ie HilIsboro Beach PopuLat ion 3L,626 25 ,539 88,944 16,9O5 52,332 47 ,639 t4a ,7 43 31_ ,217 7,747 L23 ,956Hol lywood -3- Fort Lauderdale L ,3L7 , 5L2 This is one of several interlocal agreenents between the coUNTY and various municipalities providing the same terns for the division and distribution of the proceeds from the BrowardCounty Additional Local option Gas Tax on Motor Fuel ordinance. AII such agreenents shall be deened one agreenent(the Interlocal Agreenent) for the purposes of paragraph(1)(b)(2) of Section 336.o25, Florida statutes, and the 2 ,983 27 ,69L 49 .436 40 10, 386 45 ,27 4 42,282 26 , 664 27,969 7 ,383 4,957 75,OLA 72,655 7 3 ,219 616 7L,542 46 r7lL 7L,757 L , L65 ,237 L52 ,27 5 4 -4- Lauderda }e-by-the Sea Lauderdale Lakes LauderhiLl Lazy Lake Lighthouse Point ltargate uiraDar North Lauderdale Oakland Park Parkland Pembroke Park Penbroke Pines Plantation Ponpano Beach Sea Ranch Lakes Sunrise Tanarac wilton l,lanors Tota1 Incorporated Broward County(Unincorporated) TOTAL COUNTY 5 Interlocal AgreeDent constitutes an interlocal agreenent betrreen Brorird county and uunicipalities located therein representing a majority of the incorporated area population within thls coUNTY. This Agreeuent shall be in effect from September L, 1993, to pecernb6r 3L, 2024, both inclusive. It shalL also govern the division and distribution of Proceeds from the Broward county Additional Local oPtion Gas Tax on l{otor ruel ordinance inposed through December 31, 2024, but not collected or otieruise not available for distribution until after December 31 , 2024 . The cot NTY and the CITY agree that all expenditures of the proceeds fron the Broward County A'Eitional Local option Gas iax on Motor Fuel ordinance, divided and distributed pursuant to thls Interlocal Agreement, shall be utilized only for transportation expenditures needed to neet the requirements of the cipital improvements element of an adopted comprehensiveplan in accordance lrith the provisions and requirenents of Section 336.o25 ' Florida Statutes. 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. This Agreenent may be executed in counterparts and. each fully executld counterplrt sha11 be deemed an original instrurnent. This Second Amendnent to the Interlocal Agreement shall become effective on the date last executed by the parties heretoprovided that those eligible nunicipalities representing a iajority of the incorporated area population have executed this Interlocal Agreement prior to June 1, 1994. In the event cotNTY or CITIES pledge the proceeds of the Broward county Additional Local option Gas Tax on llotor FueI ordinance for-any bond indebtedness, the amounts distributed to the CoUNTY and each CITY in accordance sith the distribution fornula contained in paragraph 2 herein shall not be reduced belo$, the amount necessary for paynent of principal and interest and reserves for principal and interest as required under the covenants of any bond resolution. 6 7 I 9 10. -5- IN WIINESS WHEREOF, the parties have nade and executed thisSecond Amendment to the fnterlocal Agreenent on the respectJ.vedates under each eignature: BRoWARD cot NTY through its BoARD oF COUTffY coMuISsIoNERS, slgning by and through lts Chalr or Vicechair, authorized to execute sane by Board action on the - dayof , L9 , and CITY, signing by and through its uayo?6ffi:lEEi-oner, aIlt authorized to execute same. COUNTY ATTEST:BRoWARD colrNTY, through its BOARD OF COTJNTY COM}TISSIONERS county Adninistrator and ByEx-Officio clerk ofthe Board of county Conmiss ioners of Broward County, Florida cha ir Approved as to foro byoffice of county Attorney Broward county, Florida JoHN J. CoPEL,AN, JR., county Attorney Governnental Center, Suite 423 115 South Andrerrs AvenueFort Lauderdale, Florida 3 3301Telephone: (3o5) 357-7600 Mary Frances BakkeAssistant County Attorney -6- - day of -, 19-. By CTTY WITNESSES :CITY OF DANIA Mayor-Commiss ioner ATTEST: city clerk ( CORPORATE SE'AL) c Lty Manager day of APPROVED AS ?O FORM: 19 l{88 s fcl 2 | t8le4danla. aO1 194-OA7 -7- SECOND A}{ENDUENT TO TNTERTOCAL AGREEI'{ENT BETWEEN BROWARD COI'NTY AND CITY OF DANIA PROVIDING FOR DIVTSION AND DISTRIBUTION OF THE PROCEEDS FROU THE BROWARD COT'NTY ADDTTIONAL I.oCAL OPTION GAS TAX ON MOTOR TUEL ORDTNANCE BY - day of -, l9-- BY BY -city Attorney