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Home My WebLink AboutR-2003-107 2003 Local Option Gas Tax 3 cents RESOLUTION NO. 2003-107 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 ADDITIONAL LOCAL OPTION 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 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 That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict.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 M y, 2 03. B B A Wr ON MAYOR- COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER CHUNN -YES t Nkm--Z-14-i COMMISSIONER FLURY - YES *ARLENE J60SON COMMISSIONER MIKES - YES CITY CLERK VICE MAYOR MCELYEA - YES MAYOR ANTON - YES APPROVED AS TO O M AND CORRECTNESS: BY: THOM/ 8 J. A NS RO CITY ATTORNEY 1 RESOLUTION NO. 2003-107 Agenda Request Form City of Dania Beach ,f Agenda Item: s Date of Commission meeting: 5/13/2003 Description of Agenda Item: Approved Interlocal Agreement with Broward County for 3 cents gas tax distribution Commission action being requested: Adopt Resolution or Ordinance ® Expenditure ❑ Award BID / RFP ❑ Presentation ❑ General approval of item ❑ Continued from meeting Other{Please explain) RR Summary explanatron and backgroud ,may ��.,.�. 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 04 distribution is .7695% compared to .7791% in FY 03. This fund is to fund the capital elements approved in the Adopted Comprehensive Plan. �. , Attached exhibits and;additidnalbackup materials (Please list): ...a ,..,——. 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 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, Lisette R. Murado Executive Assistant /Irm Enclosures • Browar&Count,y 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 p 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: t2` 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 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.El.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 ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE 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 ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE 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: 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-five and seven one-hundredths percent (55.07%) 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-four and ninety-three one hundredths percent(44.93%) of the total proceeds shall be divided among and distributed to the eligible municipalities within the COUNTY as follows: • -1- Population of Individual Municipality x 44.93% _ • Total Incorporated Area Population Recipient FY 2004 Share of Proceeds Coconut Creek 1.330284% Cooper City 0.806243% Coral Springs 3.475110% Dania Beach 0.769505% Davie 2.229065% Deerfield Beach 1.835290% Fort Lauderdale 4.752029% Hallandale Beach 0.970245% Hillsboro Beach 0.061239% Hollywood 3.996177% Lauderdale-by-the-Sea 0.176181% Lauderdale Lakes 0.898129% Lauderhill 1.636109% Lazy Lake 0.000963% Lighthouse Point 0.307525% Margate 1.528559% Miramar 2.479486% North Lauderdale 0.940390% Oakland Park 0.898327% • Parkland 0.460451% Pembroke Park 0.186407% Pembroke Pines 4.101234% Plantation 2.368820% Pompano Beach 2.444448% Sea Ranch Lakes 0.018213% Southwest Ranches 0.208245% Sunrise 2.462604% Tamarac 1.598777% Weston 1.632965% Wilton Manors 0.356980% Total Incorporated 44.930000% 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 contained in the document referred to as the Florida Estimates of Population, published on an annual basis by the Bureau of Economics and Business Research, Population Division, University of Florida. The population figures to be utilized in the formula described in Paragraph 2 of this Interlocal Agreement, for the division and • -2- 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 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 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- 3. 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. 4. 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. 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 2003 Amendment and the Agreement and/or any prior Amendment to the Agreement, the parties hereby agree that this document shall control. 6. 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. THIS SPACE INTENTIONALLY LEFT BLANK. • -4- IN WITNESS WHEREOF, the parties have made and executed this 2003 Amendment to the lnterlocal Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through it Mayor r Vice Mayor, authorized to execute same by Board action on the a� day of , 2003, and MUNICIPALITY, signing by and through its Mayor- Commissioner, duly Mthorized to execute same. COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and By Clerk of the Board of C ^ y Mayor Commissioners of Br o rd orrty< n , Florida e ms--%'� aAayof ,2003. o�,Y Approved as to form b 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 lieJ�1 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 PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE MUNICIPALITY WITNESSES: CITY OF DANIA BEACH v -4i-yt C� By l Mayor-Corr1 issioner � J 16 day of , 2003. ATTEST: By City Clerk tit anager___ • day ofLCZLtj�� 2003. (CORPORATE SEAL) APPROVED AS TO FORM: By City Attorney PMK April 14, 2003 H:\DATA\DIV2\PMK\PMK03\Agreement\Gas Tax\Dania Beach\03.wpd • -6-