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Home My WebLink AboutR-2006-087 Gas Tax (3 cents) RESOLUTION NO. 2006-087 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2006 AMENDMENT TO THE 1NTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS OF THE LOCAL OPTION GAS TAX (THREE CENTS) IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE; PROVIDING FOR CONFLICTS; 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 Local Option Gas Tax (three cents) imposed by the Broward County Local Option Gas Tax Ordinance, in substantial form as Exhibit "A", attached, is approved and the appropriate City officials are authorized to execute same. 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 F RM AND CORRECTNESS: BY: �. TH ,MAS J. AI'V BRO CITY ATTORNEY CITY OF DANIA BEACH , Agenda Item# 7 Agenda Request Item 9 ,� Date of Commission Meeting: 5/9/2006 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: Requested ACtIOn (adenfity appropr�ateAction orMotan) A, Approve Interlocal Agreement with Broward County for 3 cents gas tax 4rc Action is Necessay WR � f Required by Broward County 11Uhat rAction Accomplishes City receives distribution of 3 cents gas tax Purchasing Requests ONLY' �w Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ s r Summary Exp oNBackground � ._.w.,_. ,, .. . The distribution of the 3 cents gas tax is based on the same formula for the 5 cents'tax which is based on the population of the municipality twhich is updated annually by the Bureau of Economic& Business Research. The FY 07 distribution is .841891 compared to .814891 in FY 06. This increase is due to a 2006 amendment which increases the Cities' share by 1.8% from 48.69% to 50.49% impacted by annexations. This revenue is to be used to fund capital elements in an approved Comprehensive Plan. s , s Fiscal lmpact/Cost Summary;= A t ' F ... .. Or . , .. .., .w.,......„ ..u. r Exhibits Attached C F n zx 3 r Resolution Agreement Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 t r a r s� ' 1*Authorized Signatures�' � N r ..,s,.t. �.�.,.. v..�. .�., VA, Submitted by Patricia Varney Date 04/30/06 Department Director Date HR Director Date Finance Director Patricia Varney Date 04/30/06 City Attorney Thomas J. Ansbro Date 05/01/06 City Manager Van Pato Date 05/01/06 City Clerk 3l)sef ?.. , Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ f INA Ilk b RD a COUNTY 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 intedocal 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 intedocal 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 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. 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 G:ICorrespondencel20061Leler-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 OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE • This is the 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)(a), Florida Statutes, authorizes the counties to extend the levy of the six (6) cent 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 14, 1988, the Board of County Commissioners enacted Ordinance No. 88-27, effective September 1, 1988, through August 31, 2018, pursuant to Section 336.025(1)(a), Florida Statutes, extending the levy of the six 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 the 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 1 tax among the county and all eligible municipalities within the county, as set forth in Section 336.025(3)(a)1, Florida Statutes; and WHEREAS, paragraph 4 of the Interlocal Agreement, as amended by the Addendum to the Interlocal Agreement and the prior twenty amendments, 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, COUNTY and MUNICIPALITY agree as follows: 1. Paragraph 2 of the Interlocal Agreement, as amended by the Addendum thereto and the prior amendments, is amended to read as follows: 2. Sixty-two and Five tenths percent (62.5%) of said Local Option Gas Tax proceeds shall be distributed to the COUNTY, and the remaining Thirty-seven and five tenths percent (37.5%) shall be divided among and distributed to the eligible municipalities within the COUNTY as follows: Population of Individual Municipality x 37.5% _ • Total Incorporated Area Population Recipients FY 2007 Percent Share of Proceeds Coconut Creek 1.055138% Cooper City 0.641049% Coral Springs 2.799304% Dania Beach 0.625291% Davie 1.827524% Deerfield Beach 1.640550% Fort Lauderdale 3.827354% Hallandale 0.779589% Hillsboro Beach 0.050247% Hollywood 3.121870% Lauderdale-by-the-Sea 0.137033% Lauderdale Lakes 0.702101% Lauderhill 1.407848% Lazy Lake 0.000742% Lighthouse Point 0.236457% ® Margate 1.200116% 2 • Recipients FY 2007 Percent Share of Proceeds Miramar 2.365811% North Lauderdale 0.893288% Oakland Park 0.926531% Parkland 0.438142% Pembroke Park 0.126119% Pembroke Pines 3.296926% Plantation 1.858759% Pompano Beach 2.220113% Sea Ranch Lakes 0.015934% Southwest Ranches 0.162549% Sunrise 1.958707% Tamarac 1.281511% Weston 1.332391% West Park 0.299494% Wilton Manors 0.271512% Total Incorporated 37,500000% • 2. The population figures set forth herein are based on the most current edition of Florida Estimates of Population, published by the Bureau of Economics and Business Research, Population Division, University of Florida. In accordance with the population figures, paragraph 3 of the Interlocal Agreement, as amended by the Addendum thereto and the prior amendments, is amended to read as follows: Recipients 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 3 • Recipients FY 2007 Population 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 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. 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 prior amendments, the parties hereby agree that this document shall control. 4. This 2006 Amendment 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 2006 Amendment prior to June 1 , 2006. 4 • 5. This 2006 Amendment may be simultaneously 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. 6. In the event a portion of this 2006 Amendment is found by a court of competent jurisdiction to be invalid, the remaining portions shall continue to be effective. [INTENTIONALLY LEFT BLANK] • 5 • 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 ount'` ministrator and Ex-Officio By �- C of the Board of County ��j ayor Commissioners of Broward County, Florida _ day of , 2006. �., Approved as to form y Office of County Att rney +�Ntptterfrorr,th'' Broward County, Florida Jeffrey J. Newton, County Attorney Governmental Center, Suite 423 • 115 South Andrews Avenue Fort Lauderdale Florida 33301 Telephone: 954 357-7600 P ) �~ '•.� �� ,da •` Telecopier: (954) 357-7641 By �aite Azcoitia eputy County Attorney i 6 2006 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH PROVIDING FOR DIVISION AND DISTRIBUTION OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE MUNICIPALITY WITNESSES: CITY OF DANIA BEACH y4q�� Y Patricia Flury, Mayor-Comm' sioner r //7 day of 2006. ATTEST: i B Louise Stilson, City Clerk I n Pato, WManager • day of , 2006. (CORPORATE SEAL) APPROVED AS TO F RM: By ✓� , � /fn� Thomas J. 4nsbroTt 'Attorney • 4/06/2006 GASTAX6.doc6.doc«Municipality» 7