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Home My WebLink AboutR-2006-086 Additional Local Option Gas Tax RESOLUTION NO. 2006-086 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 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 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO Ff RM AND CORRECTNESS: BY: { THOMA J. ANSBRO CITY ATTORNEY CITY OF DANIA BEACH Agenda Item# Agenda Request Item --Yeagff. Date of Commission Meeting: 5/9/2006 Adopt Resolution ® Adopt Ordinance(1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: Requested Act On {Idehfityapp opr,t Act,on or Mot,o�) � .-, r Approve Interlocal Agreement with Broward County for 5 cents gas tax Wh Action is Necessary � N ...> xi.. �Y' „.. �Si aim ., �z Required by Broward County 11Nhat Action Accomplishes Y -x< _<.,` .__ ,.. .. .<.�"p�, _. .,o y City receives allocation of 5 cents gas tax to fund streets'expenditures. Purchasing Requests ONLY r f Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ $Um� � 3� � �� /r' $ mary Explanation/Background „ ' yf p �� F UN ,. .. ......s .. , ,,. Annually Broward County reviews its interlocal agreement with municipalities regarding the distribution of the 5 cents local option gas tax. The distribution is based on the population of the municipality which is updated annually by the Bureau of Economic & Business Research from the University of Florida. The FY 07 distribution is .625291% compared to .6276% in FY 2006. This revenue is to be used for the maintenance of all city streets. Fiscal Impacvcost Summary �Exhibitg"Attached 3 r � - ;...... ,,.. .: Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 �` . Authorized Signatures,r $ g� 4 Submitted by Patricia Varney Date 04/28/06 Department Director Date HR Director Date Finance Director Patricia Varney Date 04/28/06 City Attorney Thomas J. Ansbro Date 05/01/06 City Manager Ivan Pato Date 05/01/06 Cffi lc k Use r s Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ B0 `WA R,Rya RD COUNTY 31 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 interlocal 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 figures. ® 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 interlocal 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. Broward County Board of County Commissioners Josephus Eggelletion,Jr.•Ben Graber•Sue Gunzburger•Kristin D..Jacobs•Ilene Lieberman•John E.Rodstrom,Jr.•Jim Scott•Diana Wasserman—Rubin•Lois Wexler www.broward.org GlCorrespondence120061Letler-LocalOptio nGasTaxAgr-2006.doc 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 KO:MCS:Is Office of Management and Budget 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 ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE 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." IN CONSIDERATION of-the mutual terms, conditions, promises, covenants and payments hereinafter set forth and pursuant to the authorization of paragraph (1)(b)(2) of Section 336.025, Florida Statutes, the COUNTY and MUNICIPALITY agree as follows: 1. Paragraph 2 of the Interlocal Agreement, as previously amended, is hereby amended to read as follows: 2. Forty-nine and Fifty-one One-hundredths percent (49.51%) of the total proceeds from the Broward County Additional Local Option Gas Tax on Motor Fuel Ordinance shall be distributed to the COUNTY and the remaining Fifty and Forty-nine One- hundredths percent (50.49%) of the total proceeds shall be divided among and distributed to the eligible municipalities within the COUNTY as follows: Population of Individual Municipality x 50.49% _ Total Incorporated Area Population 1 Recipient FY 2007 Percent Share of Proceeds Coconut Creek 1.420638% Cooper City 0.863110% Coral Springs 3.768982% Dania Beach 0.841891% Davie 2.460579% Deerfield Beach 2.208837% Fort Lauderdale 5.153150% Hallandale 1.049638% Hillsboro Beach 0.067652% Hollywood 4.203285% Lauderdale-by-the-Sea 0.184501% Lauderdale Lakes 0.945309% Lauderhill 1.895527% Lazy Lake 0.000999% Lighthouse Point 0.318365% Margate 1.615837% Miramar 3.185328% • North Lauderdale 1.202723% Oakland Park 1.247482% Parkland 0.589915% Pembroke Park 0,169807% Pembroke Pines 4.438981% Plantation 2.502634% Pompano Beach 2.989160% Sea Ranch Lakes 0.021454% Southwest Ranches 0.218856% Sunrise 2.637203% Tamarac 1.725426% Weston 1.793931% West Park 0,403239% Wilton Manors 0.365563% Total Incorporated 50.490000% 2 • 2. Paragraph 3 of the Interlocal Agreement, as previously amended, is hereby amended to read: 3. The population figures set out herein 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 Economics and Business Research, Population Division, University of Florida. The population figures to be utilized in the formula described in Paragraph 2 of this Interlocal Agreement, for the division and distribution of the proceeds from the Broward County Additional Local Option Gas Tax on Motor Fuel Ordinance, shall be adjusted annually based on the current "Florida Estimates of Population." For the purpose of this Agreement, the following population figures are hereby agreed upon: Recipient FY 2007 Population Coconut Creek 48,340 Cooper City 29,369 Coral Springs 128,247 • Dania Beach 28,647 Davie 83,726 Deerfield Beach 75,160 Fort Lauderdale 175,346 Hallandale 35,716 Hillsboro Beach 2,302 Hollywood 143,025 Lauderdale-by-the-Sea 6,278 Lauderdale Lakes 32,166 Lauderhill 64,499 Lazy Lake 34 Lighthouse Point 10,833 Margate 54,982 Miramar 108,387 North Lauderdale 40,925 Oakland Park 42,448 Parkland 20,073 Pembroke Park 5,778 Pembroke Pines 151,045 Plantation 85,157 • Pompano Beach 101,712 Sea Ranch Lakes 730 3 t Recipient FY 2007 Population Southwest Ranches 7,447 Sunrise 89,736 Tamarac 58,711 Weston 61,042 West Park 13,721 Wilton Manors 12,439 Total Incorporated 1,718,021 Unincorporated Area 22,966 Total County 1,740,987 3. 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. 4. 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 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. 5. Except to the extent amended, the Agreement shall remain in full force and effect. In the event of any conflict between the terms of this 2006 Amendment and the Agreement and/or any prior Amendment to the Agreement, the parties hereby agree that this document shall control. 6. 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. [INTENTIONALLY LEFT BLANK] 4 • IN 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 �S Count . A'dministrator and Ex-Officio By .., G t ClerKof the Board of County ;`` V �- or , Commissioners of Broward County, Florida day of �` 2006. Approved as to form by Office of County Attorney Broward County, Florida OP�br c � �.• Jeffrey J. Newton, County Attorney ,. %A Governmental Center, Suite 423 115 South Andrews Avenue b Fort Lauderdale, Florida 33301 `-�� '• , Telephone: (954) 357-7600 Telecopier: (954) 357-7641 4'v0j4taia++ A .won aite Azcoitia eputy County Attorney 5 • 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 ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE MUNICIPALITY WITNESSES: CITY OF DANIA BEACH By Gli (Tlew-� Patricia Flury, Mayor-Commi ioner day of 2006. ATTEST: Louise Stilson, City Clerk Iv n Pato, C anager • �� day of , 2006. (CORPORATE SEAL) APPROVED ASTO/Fr RY: By_ Thomas J.,Ansbr'o' City Attorney MA 4/06/2006 GASTAX3.doc«Municipalityu 6