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Home My WebLink AboutR-2005-077 Local Option Gas Tax • RESOLUTION NO. 2005-077 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2005 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 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 certain 2005 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 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 That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict.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 10 , 2005. ANNE CASTRO MAYOR—COMMISSIONER • ATTEST: ROLL CALL: COMMISSIONER ANTON - YES - COMMISSIONER BERTINO - YES LOUISE STILSON COMMISSIONER MCELYEA-YES CITY CLERK VICE-MAYOR FLURY - YES MAYOR CASTRO - YES APPROVED AS FORM AND CORRECTNESS: BY: TH M S 1. ANSBRO CITY-ATTORNEY • • 2 RESOLUTION #2005-077 Agenda Request Form Air City of Dania Beach Agenda Item: Date of Commission meeting: 5/10/2005 Description of Agenda Item: Approved Interlocal Agreement with Broward County for 5 cents gas tax Commission action being requested: Adopt Resolution or Ordinance ❑ Expenditure ❑ Award BID/ RFP ❑ Presentation ❑ General approval of item ❑ Continued from meeting Other'(Please explain): Summary explanation and background: 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 06 distribution is .6276% compared to 6326% in FY 2005. This revenue is to be used for the maintenance of all city's streets. Attached exhibits.and additional backup,materials (Please list): For purchasing requests ONLY Department: Amount: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Account Name: Account Number: Submitted by: pvarney Date: 5/3/2005 Department Director: Date.- Admin. Services Director: Date: Z Finance Director. pvarney Date: _ 5/ /2005 • City Manager., ` Date: A/Vw v 2005 AMENDMENT to INTERLOCAL AGREEMENT between BROWARD COUNTY and 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 2005 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 o-f 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 eighteen amendments, is amended to read as follows: 2. Sixty-two and Five tenths (62.5) percent of said Local Option Gas Tax proceeds shall be distributed to the COUNTY, and the remaining Thirty-seven and five tenths (37.5) percent 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 2006 Percent Share of Proceeds Coconut Creek 1.071097% Cooper City 0.656332% Coral Springs 2.832098% Dania 0.627612% Davie 1.829305% Deerfield Beach 1.672603% Fort Lauderdale 3.806282% Hallandale 0.787420% Hillsboro Beach 0.050178% Hollywood 3.196126% Lauderdale-by-the-Sea 0.140319% Lauderdale Lakes 0,709684% Lauderhill 1.294918% Lazy Lake 0.000760% Lighthouse Point 0.242663% Margate 1.217115% 2 Recipients FY 2006 Percent • Share of Proceeds Miramar 2.275606% North Lauderdale 0.901432% Oakland Park 0.710980% Parkland 0.433025% Pembroke Park 0.127579% Pembroke Pines 3.362349% Plantation 1.890971% Pompano Beach 2.267650% Sea Ranch Lakes 0.016249% Southwest Ranches 0.166357% Sunrise 1.988689% Tamarac 1.290225% Weston 1.355266% West Park 0.304597% Wilton Manors 0.274513% Total Incorporated 37.500000% Unincorporated Area • Total County 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 Twenty amendments, is amended to read as follows: Recipients FY 2006 Population Coconut Creek 47,922 Cooper City 29,365 Coral Springs 126,711 Dania 28,080 Davie 81,845 Deerfield Beach 74,834 Fort Lauderdale 170,297 Hallandale 35,230 • 3 Recipients FY 2006 Population Hillsboro Beach 2,245 Hollywood 142,998 Lauderdale-by-the-Sea 6,278 Lauderdale Lakes 31,752 Lauderhill 57,936 Lazy Lake 34 Lighthouse Point 10,857 Margate 54,455 Miramar 101,813 North Lauderdale 40,331 Oakland Park 31,810 Parkland 19,374 Pembroke Park 5,708 Pembroke Pines 150,435 Plantation 84,604 Pompano Beach 101,457 Sea Ranch Lakes 727 Southwest Ranches 7,443 Sunrise 88,976 • Tamarac 57,726 Weston 60,636 West Park 13,628 Wilton Manors 12,282 Total Incorporated 1,677,789 Unincorporated Area 45,342 Total County 1,723,131 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 2005 Amendment and the Agreement and/or the Addendum to the Agreement and/or First through the Twentieth Amendment, the parties hereby agree that this document shall control. _4. This 2005 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 have executed this 2005 Amendment prior to June 1 , 2005. 4 5. This 2005 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 2005 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 2005 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 J o Adminis rator nd Ex-Officio By drk of the Board of County Mayor Commissioners of Broward County, �-t� Florida Aday of 2005. Approved as to form by Office of County Attorney Broward County, Florida Sharon L. Cruz, Interim County Attorney s Governmental Center, Suite 423 r 115 South Andrews Avenue 'f Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier (954) 357-7641 By Pamela M. Kane Assistant County Attorney 6 2005 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND 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: DANIA BEACH By 0,, ash Mayor-Commissioner Tk `Y \ /�� day of�!I��/ 2005. ATTEST: B jJ 17, Municipal Clerk nicipal Manager day of 1?9 , , 2005. • (CORPORATE SEAL) APPROVED AS 0 F RM: By . Mu icip I Atf6rney PMK 4/25/2005 • GASTAX6.docDANIA BEACH 7 1. zoom Cott// FLORIDA May 13, 2005 Lisette Murado, Executive Assistant Broward County Public Works Department 115 South Andrews Avenue, Room 514 Fort Lauderdale, Florida 33301 RE: Amendments to Local Option Gas Tax Agreements Dear Ms. Murado: We are enclosing three (3) originals for each of the three (3) amendments as they relate to the Division and Distribution of the Proceeds of the Local Option Gas Tax Imposed by Broward County. Upon execution by Broward County, please return one (1) original of each of the following: • 2005 Amendment - Broward County Sixth Cent Local Option Gas Tax Ordinance • 2005 Amendment — Broward County Fifth Cent Additional Local Option Gas Tax on Motor Fuel for Transit e 2005 Amendment — Broward County Additional Local Option Gas Tax on Motor Fuel Ordinance If you have any questions regarding these agreements, please contact Pat Varney, Finance Director, at 954-924-3620. Sincerely, Miriam Nasser Deputy City Clerk Enclosures "Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us i 8:tsR"d_,-W, )ARD COUNT` OFFICE OF MANAGEMENT AND BUDGET 115 S.Andrews Avenue,Room 404•Fort Lauderdale,Florida 33301 •954-357-6345•FAX 954-357-6364 May 2, 2005 Dear Municipality: Attached are amendments to three interocal agreements requiring approval by your municipal governing board no later than June 1, 2005. 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 2005 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 48.69% of three cents of gas tax. The Cities'share of this gas tax has increased over the years due to annexation. The 2005 amendment increases the Cities'share 3.23% from 45.46% to 48.69%. This increase ensures that the Cities' share of ten cents of gas tax is not negatively impacted by the • annexations effective in September, 2004 and the incorporation of the city of West Park. Each City's percentage share of the 48.69%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 2005 amendment includes adjustments to each City's percentage share based on updated population figures. Revisions to Population Figures The three interocal 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 interlocal 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 45,46%to 48.69%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 3.23%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 3.23% increase results in a shift of $702,000 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:Correspondence00051Broward Co.Letter enclosing Local Option Gas Agreem..doc Please place the three amendments on the agenda for approval by the municipal governing board as soon as possible and no later than June 1,2005. The Amendments must be executed by June 1,2005 per State Statute. If you have any questions about the amendments,please contact Maureen Shields from the County's Office of Budget Services 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 Department 115 S.Andrews Avenue, room 514 Fort Lauderdale, FL 33301 Ph. (954)357-6410 Sincerely, Kayla Kayla Olsen, Director Office of Management and Budget KO:MCS:Is Attachments • •