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Home My WebLink AboutR-2003-106 Local Option Gas Tax 2003 5TH cents dist. RESOLUTION NO. 2003- 106 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 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 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 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 That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict.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 13th day of y .003. B NTON MAYOR — CO MISSIONER ATTEST- ROLL CALL: J COMMISSIONER CHUNN —YES COMMISSIONER FLURY - YES CHA LENE JO NSON COMMISSIONER MIKES - YES CITY CLERK VICE MAYOR MCELYEA -YES MAYOR ANTON -YES APPROVED AS TO OR AND CORRECTNESS: BY: THO AS J. ANSBRO CITY ATTORNEY 1 RESOLUTION NO. 2003-106 Agenda Request Form City of Dania Beach Agenda Item: 7* 60 lie Date of Commission meeting: 5/1 312 0 0 3 Description of Agenda Item: Approved Interlocal Agreement with Broward County for 5th cent gas tax distribution Commission action being requested: Adopt Resolution or Ordinance ® Expenditure ❑ Award BID / RFP ❑ Presentation ❑ General approval of item ❑ Continued from meeting M Oth4r Please explain) ' �umm4i 4xplanation and background Annually Broward County reviews its interlocal agreement with municipalities regarding the distribution of the 5th cent 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 .4452% compared to .4617% in FY 03. This revenue is to fund for community bus services. Attached exhibits and additio al backup mate als (Please list) 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: 4/30/2003 BARD 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, FI 33004 Re: Interlocal Agreements - Local Option Gas Tax Dear Ms. Nasser: SEnclosed 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) 357-641.0. 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.•James A.Scott•Diana Wasserman-Rubin www.broward.org. 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: 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: 2003 Amendment- Broward Count y ty 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 has 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 Wesr 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 FROM THE BROWARD COUNTY FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT 2003 AMENDMENT to INTERLOCAL AGREEMENT between BROWARD COUNTY and CITY OF 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 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 "MUNICIPALITY." WITNESSETH: 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 -1- 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 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% CITY Population FY2004 Percent Share Coconut Creek 46,965 0.769806% Cooper City 28,464 0.466555% Coral Springs 122,687 2.010969% Dania Beach 27,167 0.445296% Davie 78,696 1.289911% Deerfield Beach 64,794 1.062042% Fort Lauderdale 167,768 2.749895% Hallandale Beach 34,254 0.561459% Hillsboro Beach 2,162 0.035437% Hollywood 141,083 2.312499% Lauderdale-by-the-Sea 6,220 0.101952% Lauderdale Lakes 31,708 0.519728% Lauderhill 57,762 0.946780% Lazy Lake 34 0.000577% Lighthouse Point 10,857 0.177958% Margate 53,965 0.884543% -2- Miramar 87,537 1.434824% • North Lauderdale 33,200 0.544183% Oakland Park 31,715 0.519842% Parkland 16,256 0.266453% Pembroke Park 6,581 0.107870% Pembroke Pines 144,792 2.373294% Plantation 83,630 1.370784% Pompano Beach 86,300 1.414548% Sea Ranch Lakes 643 0.010539% Southwest Ranches 7,352 0.120507% Sunrise 86,941 1.425055% Tamarac 56,444 0.925177% Weston 57,651 0.944961% Wilton Manors 12,603 0.206576% Total 1,586,231 26.00000% Unincorporated area 82,922 Total County 1,669,153 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 2003 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, 2003. 3. In the event this 2003 Amendment to Interlocal Agreement or a portion of this 2003 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 2003 Amendment to Interlocal Agreement, shall remain in full force and effect. • -3- 5. This 2003 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 2003 Amendment to the Interlocal Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by angthrough its ayor or Vice Mayor, authorized to execute same by Board action on the aSL-day of , 2003, and MUNICIPALITY, signing by and through its Mayor- Commissioner, my au orized to execute same. COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS ountyAdministrator and -.,Ex By Clerk of the Board of Cour `�� Diana Wasserman-Rubin, Mayor Commissioners of Browa( urt y, f Florida ^3 �:,a .;��..``�` � day of '2003. 3 _ ., 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 Telecopi : (954) 357-7641 By Pamela M. Kane Assistant County Attorney • -4- 2003 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY • AND CITY OF 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: CITY OF DANIA BEACH By Mayor-Comryssioner NdaYof ' 2003. ATTEST: By City Cler City anager • ��day of �� '2003. (CORPORATE SEAL) APPROVED AS TOIF RM: By City Attorney PMK April 14, 2003 H:\DATA\DIV2\PMK\PMK03Wgreement\Gas Tax\Dania Beach\01.wpd • -5-