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Home My WebLink AboutR-2006-085 Gas Tax (5th cent) • RESOLUTION NO. 2006-085 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2006 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain 2006 Amendment to the Interlocal Agreement between Broward County and the City of Dania Beach providing for Division and Distribution of the Proceeds of the Broward County Fifth Cent Additional Local Option Gas Tax on Motor Fuel Ordinance, in substantial form as Exhibit "A", attached, is approved and the appropriate city officials are authorized to execute it. Section 2. That the City Manager and City Attorney are authorized to make minor ® revisions to the Amendment as are deemed necessary and proper for the best interests of the City. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on May 9, 2006. PATRICIA FLURY MAYOR—COMMISSIONER ATTEST: i� ) Jai v�v LOUISE STILSON, CMC CITY CLERK APPROVED AS TO F RM AND CORRECTNESS: BY: THOMAS J. AI&SBRO CITY ATTORNEY 4 { i CITY OF DANIA BEACH Agenda Item# Agenda Request Item Date of Commission Meeting: 5/9/2006 Adopt Resolution ® Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: Requested Action {idenfh�appropnateAcfio OrM10 Ot100� Approve Interlocal Agreement with Broward County for 5th Cent gas tax Why Action is Necessary M � f at , Required by Broward County What Aion Accomplishes ct W h , ^r , City receives allocation of 5th cent gas tax for funding of Community Bus service. Purchasm Re uests ONLY 9 Q Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Explanation/Background� ,„ ^' &,, !- }` Y •` .... n Xnry In June 200, the County enacted an ordinance extending the levy of the fifth-cent local option gas tax for thirty years until December 31, 2031 to fund the operation of the community bus. 26% of the 5th cent gas tax is to be distributed to the cities based on updated population figures. Fiscal Impact/Cost Summary's " r z � Exhibits Attached , ._.,_ .... M� .. .. .. . ,. ..a , . A.. . Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 OXLiffibrii6d a#S�gnures z " 'jrp Submitted by Patricia Varney Date 04/29/06 Department Director Date HR Director Date Finance Director Patricia Varney Date 04/29/06 City Attorney Thomas J. Ansbro Date 05/01/06 City Manager Ivan Pato Date 05/01/06 City"Clerk Use , 5 '3.. Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ t51R,-"6,:V, VARD ' COUNTY m s OFFICE OF MANAGEMENT AND BUDGET 115 S.Andrews Avenue, Room 404-Fort Lauderdale,Florida 33301 -954-357-6345-FAX 954-357-6364 April 24, 2006 Dear Municipality: Attached are amendments to three interiocal agreements requiring approval by your municipal governing board no later than June 1, 2006. The attached amendments are required in order to 1) revise population figures, and 2) increase the Cities' share of gas taxes to compensate for annexation. Summary of Amendments The three interlocal agreements and amendments are described below: ® The "original" local option gas tax agreement adopted in 1983 provides for Cities to receive 37.5%of the proceeds of six cents of gas tax. The 2006 amendment adjusts each City's percentage share of the 37.5%based on updated population figures. • The "additional" local option gas tax agreement adopted in 1993 provides for Cities to receive 50.49% of three cents of gas tax. The Cities' share of this gas tax has increased over the years due to annexation. The 2006 amendment increases the Cities' share 1.80% from 48.69% to 50.49%. This increase ensures that the Cities' share of ten cents of gas tax is not negatively impacted by the annexations effective September 15, 2005. Each City's percentage share of the 50.49% is also adjusted based on updated population ifigures. ® The "transit gas tax" agreement adopted in 2000 provides for Cities to receive 26% of the proceeds of one cent of gas tax. The 2006 amendment includes adjustments to each City's percentage share based on updated population figures. Revisions to Population Figures The three intedocal agreements provide for the distribution of gas taxes among the Cities based on population figures published annually by the University of Florida Bureau of Economics and Business Research. The intedocal agreements provide for the population numbers to be revised annually using the most current published figures. Increase in the Cities' Share of Gas Taxes Due to Annexation In 1997, the Board of County Commissioners approved a policy of increasing the Cities'share of local option gas taxes to take into account the population shift resulting from annexation. Only the three cent"additional" gas tax agreement is amended from 48.69%to 50.49%due to the pledge of 37.5%of the"original" local option gas tax for the repayment of the County's gas tax bonds and due to the commitment of '26%of the transit gas tax for city transit improvements. Even though the Cities'share of the "original" local option gas tax and the"transit" gas tax will not change,the 1.80%increase in the Cities'share of the three cent "additional"local option gas tax is calculated based on the full impact of annexation and incorporation on all ten cents of shared gas taxes. The 1.80% increase results in a shift of $408,000 to the Cities. 0JOSephus Broward County Board of County Commissioners Eggelietion,Jr.-Ben Graber-Sue Gunzburger-Kristin D.Jacobs-Ilene Lieberman•John:E.Rodstrom,Jr.-Jim Scott-Diana Wasserman-Rubin-Lois Wexler www.broward.oro G:1Correspondence120061Leaer-LocalOptionGasTaxAgr-2006.doc P Please place the three amendments on the agenda for approval by the municipal governing board as soon as possible and return the signed agreements no later than May 25, 2006. The Amendments must be executed by all parties by June 1,2006 per State Statute. If you have any questions about the amendments,please contact Maureen Shields from the County's Office of Management and Budget at 357-6358. Attached are copies of the above discussed amendments. Please return three executed originals of each amendment(nine total)to: Lisette Murado, Executive Assistant Broward County Public Works and Transportation Department One North University Drive, Suite 305 Plantation, FL 33324 Ph. (954)357-6410 Sincerely, Kayla Olsen, Director Office of Management and Budget KO:MCS:Is Attachments • • 2006 AMENDMENT to INTERLOCAL AGREEMENT between BROWARD COUNTY and CITY OF DANIA BEACH providing for DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT This 2006 Amendment to Interlocal Agreement made and entered into by and between: BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY," • AND DANIA BEACH, a municipal corporation, existing under the laws of the state of Florida, hereinafter referred to as "MUNICIPALITY." WHEREAS, Section 336.025(1)(b), Florida Statutes, authorizes the counties to extend the levy of five (5) cents local option gas tax upon every gallon of motor fuel and special fuel sold in Broward County for a period not to exceed thirty (30) years on a majority vote of the governing body of the COUNTY; and WHEREAS, on June 13, 2000, the Board of County Commissioners enacted Ordinance No. 2000-25, effective January 1, 2001, through December 31, 2031 , pursuant to Section 336.025(1)(b), Florida Statutes, extending the levy of the fifth-cent local option gas tax for thirty years and providing for a method of distribution of the proceeds of the tax; and WHEREAS, pursuant to said Ordinance, the method for distribution of the proceeds is the execution of an Interlocal Agreement with one or more of the municipalities representing a majority of the population of the incorporated area within the County which establishes the distribution formulas for dividing the proceeds of the • tax among the County and all eligible municipalities within the County; and 1 • WHEREAS, paragraph 4 of the Interlocal Agreement, requires annual adjustment of the population of the individual municipalities and unincorporated Broward County in accordance with the population figures set forth in the most current edition of "Florida Estimates of Population," published by the Bureau of Economics and Business Research, Population Division, University of Florida; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth and pursuant to Section 336.025(1)(b), Florida Statutes, for transportation expenditures set forth in Section 336.025(7)(a),Florida Statutes, the COUNTY and MUNICIPALITY agree as follows: 1. Paragraph 2 of the Interlocal Agreement, is hereby amended to read as follows: 2.1 Forty-eight percent (48%) of said proceeds shall be distributed to the COUNTY. The remaining fifty-two percent (52%) shall be distributed to the eligible municipalities in the following manner: 2.1.1 Twenty-six percent (26%) shall be distributed to the eligible municipalities based on population as follows: Population of Individual CITY Total incorporated area Population X 26.0000% • Recipient FY 2007 FY 2007 Percent Population Share of Proceeds Coconut Creek 48,340 0.731563% Cooper City 29,369 0.444461% Coral Springs 128,247 1.940851% Dania Beach 28,647 0.433535% Davie 83,726 1.267083% Deerfield Beach 75,160 1.137448% Fort Lauderdale 175,346 2.653632% Hallandale 35,716 0.540515% Hillsboro Beach 2,302 0.034838% Hollywood 143,025 2.164496% Lauderdale-by-the-Sea 6,278 0.095009% Lauderdale Lakes 32,166 0.486791% Lauderhill 64,499 0.976108% Lazy Lake 34 0.000515% Lighthouse Point 10,833 0.163943% ® Margate 54,982 0.832081% 2 • Recipient FY 2007 FY 2007 Percent Population Share of Proceeds Miramar 108,387 1.640295% North Lauderdale 40,925 0.619346% Oakland Park 42,448 0.642395% Parkland 20,073 0.303779% Pembroke Park 5,778 0.087442% Pembroke Pines 151,045 2.285868% Plantation 85,157 1.288740% Pompano Beach 101,712 1.539278% Sea Ranch Lakes 730 0.011048% Southwest Ranches 7,447 0.112701% Sunrise 89,736 1.358037% Tamarac 58,711 0,888514% Weston 61,042 0.923791% West Park 13,721 0.207649% Wilton Manors 12,439 0.188248% Total Incorporated 1,718,021 26.000000% Unincorporated Area 22,966 Total County 1,740,987 The population figures set forth above are based on the figures contained in the document referred to as the "Florida Estimates of Population," published on an annual basis by the Bureau of Economic and Business Research, Population Division, of the University of Florida. The population figures to be utilized in the formula described in this section, for the distribution of the Fifth Cent, shall be adjusted annually based on the current Florida Estimates of Population. 2.1.2 Twenty-six percent (26%) shall be distributed by COUNTY to the Municipalities by grant agreement for Community Shuttle Services. 2. This 2006 Amendment to Interlocal Agreement shall become effective on the date last executed by the parties hereto provided that those eligible municipalities representing a majority of the incorporated area population and Broward County have executed this Interlocal Agreement prior to June 1, 2006. 3. In the event this 2006 Amendment to Interlocal Agreement or a portion of this 2006 Amendment to Interlocal Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless COUNTY or 3 • MUNICIPALITY elects to terminate this Agreement. The election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 4. All provisions of the Interlocal Agreement and any prior Amendment, not in conflict with this 2006 Amendment to Interlocal Agreement, shall remain in full force and effect. 5. This 2006 Amendment to Interlocal Agreement may be executed in several counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one and the same instrument. 1N WITNESS WHEREOF, the parties have made and executed this 2006 Amendment to the Interlocal Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor or Vice Mayor, authorized to execute same by Board action, and MUNICIPALITY, signing by and through its Mayor-Commissioner, duly authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, through its . BOARD OF COUNTY COMMISSIONERS Asw' - ounty� ` ministra or and Ex-Officio B Clerk.6 the Board of County I' �� :' , Mayor Commissioners of Broward County, Florida day of 2006. /) �`�",,•,'��`�c`,0Ni#.t Approved as to form by Office of County Attorney Broward County, Florida Jeffrey J. Newton, County Attorney Governmental Center, Suite 423 1 A. 115 South Andrews Avenue r `P° Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 x� B \ Y site"Azcoitia=S=�_ Deputy County Attorney 4 2006 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD • COUNTY AND CITY OF DANIA BEACH PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT MUNICIPALITY WITNESSES: CITY OF DANIA BEACH rn By -- , Patricia Flury, Mayor-Com ssioner _day of , 2006. ATFST: } By Louise Stilson, City Clerk Ivan Pato, City Manager • day of , 2006. (CORPORATE SEAL) APPROVED AS TO OR BydY Thomas J. Ansbro, City Attorney MA 4/06/2006 GASTAX5.doc«Municipality» 5