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Home My WebLink AboutR-2003-105 Local Option Gas tax 5 cents tax Ordinance RESOLUTION NO. 2003- 105 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2003 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 2003 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 That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict.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 13t" day of Mar 20 f. BO NT MAYOR— CO T ISSIONER A TEST: ROLL CALL: COMMISSIONER CHUNN - YES COMMISSIONER FLURY - YES tfiNRLENE JbHq ON COMMISSIONER MIKES - YES CITY CLERK VICE MAYOR MCELYEA - YES MAYOR ANTON - YES APPROVED AS TO FORM AND CORRECTNESS: BY: � /I IV HO A J. ANSBRO • CITY ATTORNEY 1 RESOLUTION NO. 2003-105 _ Agenda Request Form T City of Dania Beach Agenda Item: Date of Commission meeting: 6/13/2003 Description of Agenda Item: Approved Interlocal Agreement with Broward County for 5 cents gas tax distribution Commission action being requested: Adopt Resolution or Ordinance ❑ Expenditure ❑ Award BID/RFP ❑ Presentation ❑ General approval of item ❑ Continued from meeting Summary,explanation and�background ��t�� „ s 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 04 distribution is .6422%compared to .6659% in FY 03. This revenue is to be used for the maintenance of all city's streets. � �i�.��'A'�' ��'av``�aa �,�"a t��+�'^T •&, 'Y"�a, ��.�`rP�t4�'��'�:'a�i �r t z r i a s� .. Attached exhibrts and additoonal backup�matenalst(Pleaselist) ,., Resolution For purchasing requests ONLY Department: Amount: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Account Name: Account Number: Submitted by. Patricia Varney Date: 4/30/2003 Department Director.• Date: Admin. Services Director: Date: • Finance Director. Patricia Varney Date: 4/30/2003 City Manager. Ivan Pato Date: 5/7/2003 B RD .,.:':' COUNTY PUBLIC WORKS DEPARTMENT 115 S.Andrews Avenue,Room 514•Fort Lauderdale,Florida 33301 •954-357-6410•FAX 954-357-6340 July 14, 2003 Ms. Miriam Nasser Deputy City Clerk 100 West Dania Beach Blvd Dania Beach, Fl 33004 Re: Interlocai Agreements - Local Option Gas Tax Dear Ms. Nasser: ®Enclosed please find an original of each of the three interlocal agreements for the Local Option Gas Tax, fully executed by Broward County. Thank you for your cooperation, and should you have any questions, please contact me at (954) 357-6410. Sincerely, $-,0-�� Lisette R. Murado Executive Assistant /Irm Enclosures i 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.•James A.Scott•Diana Wasserman-Rubin www.broward.org A 9t FLORIDA May 19, 2003 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: 4 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: • 0 2003 Amendment - Broward County Sixth Cent Additional Local Option Gas Tax 2003 Amendment— Broward County Fifth Cent Additional Local Option Gas Tax on Motor Fuel for Transit 2003 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 2003 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 2003 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 2003 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 CITY OF DANIA BEACH, a municipal corporation, existing under the laws of the state of Florida, hereinafter referred to as "CITY." 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 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 -1- 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 nineteen 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 CITY agree as follows: 1. Paragraph 2 of the Interlocal Agreement, as amended by the Addendum thereto and the prior nineteen 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 2004 Share of Proceeds Coconut Creek 1.110297% Cooper City 0.672916% Coral Springs 2.900437% Dania Beach 0.642254% Davie 1.860448% Deerfield Beach 1.531791% Fort Lauderdale 3.966194% Hallandale Beach 0.809797% Hillsboro Beach 0.051112% Hollywood 3.335335% Lauderdale-by-the-Sea 0.147047% Lauderdale Lakes 0.749607% Lauderhill 1.365548% Lazy Lake 0.000804% Lighthouse Point 0.256670% Margate 1.275784% Miramar 2.069457% North Lauderdale 0.784879% • Oakland Park 0.749773% -2- Parkland 0.384307% Pembroke Park 0.155581% Pembroke Pines 3.423020% Plantation 1.977092% Pompano Beach 2.040214% Sea Ranch Lakes 0.015201% Southwest Ranches 0.173808% Sunrise 2.055367% Tamarac 1.334389% Weston 1.362924% Wilton Manors 0.297947% 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 Nineteen amendments, is amended to read as follows: Recipient Population • Coconut Creek 46,965 Cooper City 28,464 Coral Springs 122,687 Dania Beach 27,167 Davie 78,696 Deerfield Beach 64,794 Fort Lauderdale 167,768 Hallandale Beach 34,254 Hillsboro Beach 2,162 Hollywood 141,083 Lauderdale-by-the-Sea 6,220 Lauderdale Lakes 31,708 Lauderhill 57,762 Lazy Lake 34 Lighthouse Point 10,857 Margate 53,965 Miramar 87,537 North Lauderdale 33,200 Oakland Park 31,715 Parkland 16,256 Pembroke Park 6,581 Pembroke Pines 144,792 • -3- Plantation 83,630 Pompano Beach 86,300 Sea Ranch Lakes 643 Southwest Ranches 7,352 Sunrise 86,941 Tamarac 56,444 Weston 57,651 Wilton Manors 12,603 Total 1,586,231 Unincorporated area 82,922 Total County 1,669,153 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 2003 Amendment and the Agreement and/or the Addendum to the Agreement and/or First through the Nineteenth Amendment, the parties hereby agree that this document shall control. 4. This 2003 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 2003 Amendment prior to June 1, 2003. • 5. This 2003 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 2003 Amendment is found by a court of competent jurisdiction to be invalid, the remaining portions shall continue to be effective. [INTENTIONALLY LEFT BLANK] • -4- IN WITNESS WHEREOF, the parties have made and executed this 2003 t 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 ayor or V' e Mayor, authorized to execute same by Board action on the ��day of , 2003, and CITY, signing by and through its Mayor- Commissioner, duly authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and Ex-Officio By Clerkof the Board of County , Mayor Commissioners of Broward County, - - Florida day of 2003. Approved as to form by Office of County Attorney U !`' Broward County, Florida EDWARD A. DION, County Attorney Governmental Center, Suite 423 • "I_---" 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopi : (954) 357-7641 By 1. ;Ue�,0,3 Pamela M. Kane Assistant County Attorney -5- 2003 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 CITY WITNESSES: CITY OF DANIA BEACH By Mayor-Commi loner day of ' 2003. ATTEST: By ity Clerk City manager day of '2003. • (CORPORATE SEAL) APPROVED AS TO FORM: B Y City,Attdrney PMK April 15, 2003 H:\DATA\DIV2\PMK\PMK03\Agreement\Gas Tax\Dania Beach\20.wpd • -6-