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HomeMy WebLinkAboutR-2004-084-5 Cent Gas Tax RESOLUTION NO. 2004-084 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 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 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 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 That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict.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 this 12th day of May, 2004. C.K.MCELYE MAYOR— COMMISSIONER AT EST: 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. 2004-084 APPROVED AS TO FO M AND CORRECTNESS: BY: THbMAo J. BRO CITY ATTORNEY 2 RESOLUTION NO. 2004-084 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 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." 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 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 2005 Share of Proceeds Coconut Creek 1.101197% Cooper City 0.664114% Coral Springs 2.880217% Dania Beach 0.632589% Davie 1.850282% Deerfield Beach 1.501975% Fort Lauderdale 3.924232% Hallandale 0.809770% Hillsboro Beach 0.051428% Hollywood 3.307719% Lauderdale-by-the-Sea 0.144820% Lauderdale Lakes 0.733056% Lauderhill 1.341706% Lazy Lake 0.000882% Lighthouse Point 0.251365% Margate 1.254275% Miramar 2.225103% North Lauderdale * 0.919957% Oakland Park 0.736234% 2 • Recipients FY 2005 Share of Proceeds Parkland 0.424788% Pembroke Park 0.152313% Pembroke Pines 3.439688% Plantation 1.947827% Pompano Beach 2.002711% Sea Ranch Lakes 0.016864% Southwest Ranches 0.172008% Sunrise 2.029504% Tamarac 1.319483% Weston 1.375922% Wilton Manors 0.287971% Total Incorporated 37.500000% * Population was adjusted for annexation effective between 4/1/03 and 4/1/04. 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 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 3 ® Recipients Population 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 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. 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 the Addendum to the Agreement and/or First through the Twentieth Amendment, the parties hereby agree that this document shall control. 4. This 2004 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 2004 Amendment prior to June 1, 2004, 5. This 2004 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 2004 Amendment is found by a court of competent jurisdiction to be invalid, the remaining portions shall continue to be effective. [INTENTIONALLY LEFT BLANK] 4 Y 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 ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS Countj Administrator a_6W..rx tcio By Clerk of the Board of County 6AWayor Commissioners of Broward County, Florida day of �` ;Lv , 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 Telec ier: (954) 357-7641 By 5[Zfh) 1 Pamela M. Kane Assistant County Attorney 5 2004 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 C.K. McElyea-Mayor-Commissioner V &-�day of � �A 2004. ATTEST: Z" By ® Louise Stilson, City ClerkIvan Palo, City Manager 1 day of 2004. (CORPORATE SEAL) APPROVED AS TO ORM: By Thomas J. Ansbro, City Attorney PMK 4/2/2004 GasTax6rev.docDANIA BEACH 6 R,B VWkA ' 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: Enclosed please find an original of each of the four interlocal 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, l 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 - City of Dania Beach Ji Agenda Stem:, A ' ;7 Date of Commission meeting: 5/12/2004 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 and Business Research from the University of Florida. The FY 05 distribution is .6326% compared to ..6422% in FY 04. This revenue is to be used for the maintenance of all city's streets. `Mtach6 ezhi its and additional backup materials(Please lisf):; 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: pvarney Date: 5/4/2004 City Manager: L,, � Date: ,S S o �t COLON 4�° OFFICE OF BUDGET SERVICES 115 S.Andrews Avenue,Room 409 S Fort Lauderdale,FL 33301 S 954-357-7350 S FAX 954-357-7360 April 16, 2004 Dear Municipality: Attached are amendments to four interlocal agreements requiring approval by your municipal governing board n4 later than.lune't, 2004 "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 45.461/6 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 260/6 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 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 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 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 Intedocal 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 interlocal 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, Kayla,04e ri/ Kayla Olsen ® Director Office of Budget Services KO:MG:Is Attachments G:ICLERICALIAGNRPTS1LocalOptGasTax_filesIFY05LocGasTax_LtTEMPLATE.doc