HomeMy WebLinkAboutR-2004-083-Local Option Gas Tax RESOLUTION NO. 2004-083
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE 2004 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.
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BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA:
Section 1. That certain 2004 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 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repealed to the extent of such conflict.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 this 12th day of May, 2004.
C.K. MCELYEK
MAYOR—COMMISSIONER
ATT ST: ROLL CALL:
COMMISSIONER ANTON -YES
COMMISSIONER CHUNN -YES
LOUISE STILSON COMMISSIONER FLURY - YES
CITY CLERK VICE-MAYOR MIKES - YES
MAYOR MCELYEA - YES
1 RESOLUTION NO. 2004-083
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APPROVED AS TO FO AND CORRECTNESS:
BY:
THOMAS NSBRO
CITY ATTORNEY
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2 RESOLUTION NO. 2004-083
2004 AMENDMENT
to
INTERLOCAL AGREEMENT
between
BROWARD COUNTY
and
DANIA BEACH
providing for
DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD
COUNTY ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE
This 2004 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. Fifty-four and Fifty-four One-hundredths percent (54.54%) 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 Forty-five
and Forty-six One-hundredths percent (45.46%) of the total proceeds shall be
divided among and distributed to the eligible municipalities within the COUNTY
as follows:
Population of Individual Municipalitv x 45 46% _
Total Incorporated Area Population
1
Reci ient FY 20
g 05 Share of Proceeds
Coconut Creek 1.334944%
Cooper City 0.805083%
Coral Springs 3.491591%
Dania Beach 0.766867%
Davie 2.243035%
Deerfield Beach 1.820795%
Fort Lauderdale 4.757216%
Hallandale 0.981657%
Hillsboro Beach 0.062345%
Hollywood 4.009837%
Lauderdale-by-the-Sea 0.175561%
Lauderdale Lakes 0.888660%
Lauderhill 1.626505%
Lazy Lake 0.001069%
Lighthouse Point 0.304722%
Margate 1.520516%
Miramar 2.697419%
North Lauderdale * 1.115233%
Oakland Park 0.892512%
Parkland 0.514956%
Pembroke Park 0.184644%
Pembroke Pines 4.169819%
Plantation 2.361285%
Pompano Beach 2.427820%
Sea Ranch Lakes 0.020444%
Southwest Ranches 0.208519%
Sunrise 2.460300%
Tamarac 1.599565%
Weston 1.667984%
Wilton Manors 0.349097%
Total Incorporated 45.460000%
Population was adjusted for annexation effective between 4/1/03 and 4/1/04.
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 contai ned in
the document referred to as the "Florida Estimates of Population," published on
2
• an annual basis by the Bureau of Economics and Business Research, Population
Division, University of Florida. The population figures to be utilized in theformula
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 Population
Coconut Creek 47,471
Cooper City 28,629
Coral Springs 124,162
Dania Beach 27,270
Davie 79,763
Deerfield Beach 64,748
Fort Lauderdale 169,168
Hallandale 34,908
• Hillsboro Beach 2,217
Hollywood 142,591
Lauderdale-by-the-Sea 6,243
Lauderdale Lakes 31,601
Lauderhill 57,839
Lazy Lake 38
Lighthouse Point 10,836
Margate 54,070
Miramar 95,921
North Lauderdale * 39,658
Oakland Park 31,738
Parkland 18,312
Pembroke Park 6,566
Pembroke Pines 148,280
Plantation 83,968
Pompano Beach 86,334
Sea Ranch Lakes 727
Southwest Ranches 7,415
Sunrise 87,489
Tamarac 56,881
® Weston 59,314
Wilton Manors 12,414
3
• Recipient Population
Total Incorporated 1,616,571
Unincorporated Area 81,854
Total County 1,698,425
* Population was adjusted for annexation effective between 4/1/03 and 4/1/04.
3. This 2004 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 have executed this Interlocal
Agreement prior to June 1, 2004.
4. In the event this 2004 Amendment to Interlocal Agreement or a portion of this
2004 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 2004 Amendment and the
Agreement and/or any prior Amendment to the Agreement, the parties hereby agree
that this document shall control.
6. This 2004 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]
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r
• IN WITNESS WHEREOF, the parties have made and executed this 2004
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
ATTES BROWARD COUNTY, through its
K BOARD OF COUNTY COMMISSIONERS
C my Administra x-Offreio 6
Clerk of the Board of County - i ayor
Commissioners of Broward County,
Florida -5aa of
Y � , 2004.
Approved as to form by
Office of County Attorney
Broward County, Florida
EDWARD A. DION, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Teleco " r: (954) 357-7641
By �z�(o
Pamela . Kane
Assistant County Attorney
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5
f
• 2004 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROAIARD
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: DANIA BEACH
B
C.K. McElyi
Mayor-Commissioner
,mil \
L`l day of l 2004.
i
ATTEST:
Louise Stilson Ivan-Pato
City Clerk City Manager
&5day of , 2004.
(CORPORATE SEAL)
APPROVED AS TO FO M:
By
Th masU.-Ansbro
City Attorney
PMK
02/04/2004
CoralSpringsldocDANIA BEACH
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0
RD
Public Works and Transportation Department
115 S.Andrews Avenue, Room 514•Fort Lauderdale,Florida 33301 •954-357-6410•FAX 954-357-6340
October 22, 2004
Ms. Louise Stilson, City Clerk
City of Dania Beach
100 W Dania Beach Blvd.
Dania Beach, FI 33004
Re: Interlocal Agreements - Local Option Gas Tax
Dear Ms. Stilson:
0 Enclosed please find an original of each of the four interloc I
a agreements for the Local Option Gas
Tax, fully executed by Broward County.
I apologize for the delay in getting these back out to you. Thank you for your cooperation, and
should you have any questions, please contact me at (954) 357-6410.
Sincerely,
1C�
Lisette R. Murado
Executive Assistant
/Irm
Enclosures
Broward County Board of County Commissioners
Josephus Eggelletion,Jr.•Ben Graber•Sue Gunzburger•Kristin D.Jacobs•Ilene Lieberman-.Lori Nance.Parrish•John E.Rodstrom,Jr.•Jim Scott•Diana Wasserman-Rubin
www.broward.org
_ - Agenda Request Form
'ham
City of Dania Beach
Agenda ltem: ?e7o
Date of Commission meeting: 5/12/2004
Description of Agenda Item: Approved Interlocal Agreement with Broward County for 3 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 3 cents local option gas tax. The distribution is based on the population of the
• municipality which is updated annually by the Bureau of Economic and Business Research from the
University of Florida. The FY 05 distribution is .7669% compared to .7695% in FY 04. This revenue
is to fund the capital elements in an approved Comprehensive Plan
Attached eXh�bits and additional backup materials'(Please list):
Resolution
Agreement
For purchasing requests ONLY
Department: Amount:
Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑
Account Name: Account Number:
Submitted by: pvarney Date: 5/4/2004
Department Director: Date:
Admin. Services Director: Date:
Finance Director: pvarrney Date: 5/4/2004
City Manager: ,ems (,� Date: s S 0 9
a , V VA K U
OFFICE OF BUDGET SERVICES
115 S.Andrews Avenue,Room 409$Fort Lauderdale,FL 33301$954-357-7350$FAX 954-357-7360
April 16, 2004
Dear Municipality:
Attached are amendments to four interlocal agreements requiring approval by your municipal
governing board no inter than June 1, 2004T The attached amendments are required in order to 1)
revise population figures, 2) increase the Cities' share of gas taxes to compensate for annexation
and 3) extend the interlocal agreement for the one cent gas tax levied five years ago to provide a
"dedicated"funding source for homeless assistance programs.
Summary of Amendments
The four 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 2004 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 45.46%of three cents of gas tax. The Cities'share of this gas tax has increased over
the years due to annexation. The 2004 amendment increases the Cities' share .53% to
45.46%. This increase ensures that the Cities' share of ten cents of gas tax is not negatively
impacted by the annexations effective in September, 2003. Each City's percentage share of
the 45.46% is also adjusted based on updated population figures.
■ The "homeless" gas tax agreement adopted in 1998 provides for the County to receive
100% of the proceeds of one cent of gas tax to provide the "dedicated" revenue source
required by the Federal Government and other agencies to leverage significant funding for
homeless assistance programs. The First amendment extends the term of the interlocal
agreement for twenty five years (from five to a total of thirty years)to ensure sufficient funding
to maintain current homeless assistance service levels.
■ The "transit gas tax" agreement adopted in 2000 provides for Cities to receive 26% of the
proceeds of one cent of gas tax. The 2004 amendment includes adjustments to each City's
percentage share based on updated population figures.
• Revisions to Population Figures
Three of the 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 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 .53% increase in the
Cities' share of the three cent "additional„ local option gas tax is calculated based on the full
impact of annexation on all ten cents of shared gas taxes. The .53% increase results in a shift of
$116,000 to the Cities.
Extension of Interlocal Agreement for the One Cent Gas Tax for the"Homeless"
The County levied a one cent gas tax in 1998 for five years with the support of the Cities to provide
a "dedicated" revenue source for homeless assistance programs to maximize the funds leveraged
from the Federal Government and other sources. The five year interlocal agreement must be
extended to ensure the continuation of current homeless assistance service levels. The proposed
twenty five year extension of the gas tax and intedocal agreement is the maximum allowed by
Statute and is consistent with the term of all eleven cents of local option gas taxes.
Below is a summary of the success of this"dedicated"revenue source:
The gas tax currently supports over 720 beds in the County's continuum of care at three
full-service homeless assistance centers, a mental health safe haven,transitional shelter,
medical respite care and a county-wide shelter bed hotline.
Establishment of a"dedicated"revenue source has enabled the leveraging of funding
sources like the examples below in addition to the proceeds of the gas tax:
❑ $7 million annually in Federal Funds, resulting in an additional 835 permanent
affordable,supportive and transitional housing beds.
❑ $4.4 million for a national Chronic Homeless Initiative pilot project for additional
permanent affordable housing and intensive treatment services. The County was only
one of 11 communities chosen from the 100 competing for the funds.
$1 million for three housing projects from the State Office on Homelessness. The
• County received the highest score of any continuum in Florida the first year the grant
became available.
Please place the four amendments on the agenda for approval by the municipal governing board
as soon as possible and no later than June 1, 2004. The Amendments must be executed by
June 1,2004 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(twelve 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,
Kc ylCv OIL
Kayla Olsen
• Director
Office of Budget Services
KO:MG:ls
Attachments
G:ICLERICALWGNRPTS1LocalOptGasTax_files1FY05LocGasTax_LtrTEMPLATE.doc
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