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HomeMy WebLinkAboutR-2004-085-5th Cent Gas Tax ® RESOLUTION NO. 2004-085 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 FIFTH CENT 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 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 Fifth Cent 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 That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict.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. MCELYE 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. 2004-085 APPROVED AS TO FOR BY: AND CORRECTNESS: THOMAS AN1 BRO CITY ATTORNEY 2 RESOLUTION NO. 2004-085 2004 AMENDMENT to INTERLOCAL AGREEMENT between BROWARD COUNTY and DANIA BEACH providing for DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT 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." WHEREAS, Section 336.025(1)(b), Florida Statutes, authorizes the counties to extend the levy of five (5) cents 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 13, 2000, the Board of County Commissioners enacted Ordinance No. 2000-25, effective January 1, 2001, through December 31, 2031, pursuant to Section 336.025(1)(b), Florida Statutes, extending the levy of the fifth-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 said 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 tax among the County and all eligible municipalities within the County; and 1 WHEREAS, paragraph 4 of the Interlocal Agreement, 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 and pursuant to Section 336.025(1)(b), Florida Statutes, for transportation expenditures set forth in Section 336.025(7)(a),Florida Statutes, the COUNTY and MUNICIPALITY agree as follows: 1. Paragraph 2 of the Interlocal Agreement, is hereby amended to read as follows: 2.1 Forty-eight percent (48%) of said proceeds shall be distributed to the COUNTY. The remaining fifty-two percent (52%) shall be distributed to the eligible municipalities in the following manner: 2.1.1 Twenty-six percent (26%) shall be distributed to the eligible municipalities based on population as follows: Population of Individual CITY Total incorporated area Population X 26.0000% Cam, - Population FY 2005 Percent Share Coconut Creek 47,471 0.763496% Cooper City 28,629 0.460452% Coral Springs 124,162 1.996950% Dania Beach 27,270 0.438595% Davie 79,763 1.282862% Deerfield Beach 64,748 1.041370% Fort Lauderdale 169,168 2.720801% Hallandale 34,908 0.561440% Hillsboro Beach 2,217 0.035657% Hollywood 142,591 2.293352% Lauderdale-by-the-Sea 6,243 0.100409% Lauderdale Lakes 31,601 0.508252% Lauderhill 57,839 0.930249% Lazy Lake 38 0.000611% Lighthouse Point 10,836 0.174280% Margate 54,070 0.869631% Miramar 95,921 1.542738% North Lauderdale * 39,658 0.637837% Oakland Park 31,738 0.510456% Parkland 18,312 0.294520% 2 City Population FY 2005 Percent Share . Pembroke Park 6,566 0.105604% Pembroke Pines 148,280 2.384850% Plantation 83,968 1.350493% Pompano Beach 86,334 1.388547% Sea Ranch Lakes 727 0.011693% Southwest Ranches 7,415 0.119259% Sunrise 87,489 1.407123% Tamarac 56,881 0,914841% Weston 59,314 0,953972% Wilton Manors 12,414 0.199660% Total Incorporated 1,616,571 26.000000% Unincorporated Area 81,854 Total County 1,698,425 * Population was adjusted for annexation effective between 4/1/03 and 4/1/04. The population figures set forth above 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 Economic and Business Research, Population Division, of the University of Florida. The population figures to be utilized in the • formula described in this section, for the distribution of the Fifth Cent, shall be adjusted annually based on the current Florida Estimates of Population. 2.1.2 Twenty-six percent (26%) shall be distributed by COUNTY to the Municipalities by grant agreement for Community Shuttle Services. 2. 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. 3. 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. 4. All provisions of the Interlocal Agreement and any prior Amendment, not in conflict with this 2004 Amendment to Interlocal Agreement, shall remain in full force and effect. 3 5. 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. 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 I BOARD OF COUNTY COMMISSIONERS Codity Administra or x-Officio B Clerk of the Board of County „ Commissioners of Broward County, Florida } Ida, of 2004. Approved as to form by t 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 Telecopi (954) 357-7641 By slu Lb�k amela M. Kane Assistant County Attorney 4 2004 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROINARD • COUNTY AND DANIA BEACH PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT MUNICIPALITY WITNESSES: DANIA BEACH B y C.K. McElyea! ayor-Commissioner day of , 2004. ATTEST: By Louise Stilson, City Clerk Ivan-Pato, City Manager p/ day of , 2004. (CORPORATE SEAL) APPROVED AS FORM: By Thomas . Ansbro, City Attorney PMK 4/2/2004 CoralSprings5.docDANIA BEACH • 5 . oaf RD . a � 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, A 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, 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 s City of Dania Beach 71P Agenda Item: Date of Commission meeting: 5/12/2004 Description of Agenda Item: Approved Interlocal Agreement with Broward County for 5th 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) t f Summa ex lanation and bap kground rY P Annually Broward County reviews its interlocal agreement with municipalities regarding the distribution of the 5th 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 .4386%_compared to .4452% in FY 04. This revenue is to fund the community bus services._ Attached exhibits and additional backup materials (Please list): Resolution Agreement For purchasing requests ONLY Department: Amount: Fund: General: 0 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: Date: f 5 tioov d NMI", • COU 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{aW-Ahan June 1, 2004 x The attached amendments are required in order to 1) , , revise population figures,'22) 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 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 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 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, Kc vylav OUe4v Kayla Olsen • Director Office of Budget Services KO:MG:ls Attachments G:ICLERICALIAGNRPTS1LocalOptGasTax_filesTY05LocGasTax_LtrTEMPLATE.doc •