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HomeMy WebLinkAboutR-2002-060 Authorizing the appropriate City Officials to Execute the attached nineteenth amendment to the interlocal agreement between the City of Dania Beach and the Borward County regarding the local Option Gas Tax RESOLUTION NO. 2002*060 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE ATTACHED NINETEENTH AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND BROWARD COUNTY REGARDING THE LOCAL OPTION GAS TAX, THE ATTACHED 2002 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY AND BROWARD COUNTY REGARDING ADDITIONAL TAX ON MOTOR FUEL, AND THE ATTACHED 2002 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY AND BROWARD COUNTY REGARDING ADDITIONAL TAX ON MOTOR FUEL FOR TRANSIT. WHEREAS, Broward County has adopted by Ordinance a Local Option Gas Tax, an additional Tax on Motor Fuel, and an additional Tax on Motor Fuel for Transit; and WHEREAS, a portion of the funds collected is shared with units of local government within Broward County based on population; and WHEREAS, each year amendments to the Interlocal Agreements between Broward County and Dania Beach need to be approved amending the distribution of funds as the County population changes; and WHEREAS, in the Nineteenth Amendment to the ILA providing for the division and distribution of the proceeds from the Local Option Gas Tax, the distribution to Broward County is now 62.5% and the amount distributed among the Cities based on population is 37.5%; and WHEREAS, in the 2002 Amendment to the ILA providing for the division and distribution of the proceeds from the additional Local Option Gas Tax on Motor Fuel, the distribution to Broward County is now 56.13% and the amount distributed among the Cities based on population is 43.87%; and WHEREAS, in the 2002 Amendment to the ILA providing for the division and distribution of the proceeds from the additional Local Option Gas Tax on Motor Fuel for Transit, the distribution to Broward County is now 48% and the amount distributed among the Cities based on population is 26%; and WHEREAS, the Finance Director and the City Attorney have reviewed the Nineteenth Amendment to the Interlocal Agreement between Broward County and the City of Dania Beach regarding the Local Option Gas Tax, the 2002 Amendment to the Interlocal Agreement between Broward County and the City of Dania Beach regarding the Additional Tax 1 RESOLUTION NO. 2002-060 on Motor Fuel, and the 2002 Amendment Agreement between Broward County and the City of Dania Beach regarding the additional Local Option Gas Tax on Motor Fuel for Transit. ® NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1: That it hereby approves and authorizes the execution, by the appropriate City officials, of the attached Nineteenth Amendment to the Interlocal Agreement between the City of Dania Beach and Broward County, providing for the division and distribution of the proceeds of the Local Option Gas Tax imposed by the Broward County Local Option Gas Tax Ordinance, the attached 2002 Amendment to the Interlocal Agreement between the City of Dania Beach and Broward County, providing for the division and distribution of the proceeds of the Additional Tax on Motor Fuel, and the attached 2002 Amendment to the Interlocal Agreement between the City of Dania Beach and Broward County providing for the division and distribution of the proceeds of the Local Gas Tax on Motor Fuel for Transit, together with such nonmaterial changes as may be agreed to by the City Manager and approved as to form and legality by the City Attorney. Section 2: That this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED this 14th day of Ma , 2002. R B RT H. CHUNN, JR. MAYOR - COMMISSIONER ATTEST: ROLL CALL: 1. COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA - YES CH R ENE JOH ON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR FLURY - YES MAYOR CHUNN - YES APPROVED AST FORM AND CORRECTNESS: BY: i , \ T O AS)J. ANSBRO CITY ATTORNEY 2 RESOLUTION NO. 2002-060 MI-1 i1- 111h' FLORIDA May 24, 2002 Eileen J. Steigerwald Administrative Coordinator Broward County Public Works Department 115 S. Andrews Avenue, Room 514 Fort Lauderdale, Florida 33301 RE: Amendments to Local Option Gas Tax Agreements Dear Ms. Steigerwald: 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: ® 2002 Amendment - Broward County Fifth Cent Additional Local Option Gas Tax on Motor Fuel for Transit 2002 Amendment - Broward County Additional Local Option Gas Tax on Motor Fuel Ordinance Nineteenth Amendment — Local Option Gas Tax Imposed by the Broward County Local Option Gas Tax Ordinance If you have any questions regarding these agreements, please contact Macciano Lewis, Acting Finance Director, at (954) 924-3620. Sincerely, harlene k04h� on City Clerk CJ/mn "Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 wwwci.dania-beach.fl.us 2002 AMENDMENT to INTERLOCAL AGREEMENT between BROWARD COUNTY i 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 2002 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 2002 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 • -1- 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 4 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 FY 2003 Percent Share Coconut Creek 45,517 0.764864% Cooper City 28,134 0.472761% Coral Springs 120,085 2-017897% Dania Beach 27,477 0.461721% Davie 77,798 1.307311% Deerfield Beach 64,948 1.091380% Fort Lauderdale 155,181 2.607647% Hallandale Beach 34,286 0.576139% Hillsboro Beach 2,170 0,036464% Hollywood 140,413 2.359487% Lauderdale-by-the-Sea 5,915 0.099395% Lauderdale Lakes 31,742 0.533390% ® -2- Lauderhill 57,815 0.971518% Lazy Lake 34 0.000571% . Lighthouse Point 10,829 0.181970% Margate 54,131 0.909612% Miramar 78,813 1.324367% North Lauderdale 32,972 0.554058% Oakland Park 31,543 0.530046% Parkland 15,105 0.253823% Pembroke Park 6,629 0.111393% Pembroke Pines 141,659 2.380425% Plantation 83,445 1.402202% Pompano Beach 84,199 1.414872% Sea Ranch Lakes 643 0.010805% Southwest Ranches 7,192 0.120854% Sunrise 86,664 1.456294% Tamarac 56,047 0.941809% Weston 53,159 0.893279% Wilton Manors 12,714 0.213645% Total 1,547,259 26.00000% Unincorporated area 102,666 Total County 1,649,925 The population figures set forth above are based on the figures contained in 9 9 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 2002 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, 2002. 3. In the event this 2002 Amendment to Interlocal Agreement or a portion of this 2002 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 • -3- 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 10 by the court becomes final. 4. All provisions of the Interlocal Agreement and any prior Amendment, not in conflict with this 2002 Amendment to Interlocal Agreement, shall remain in full force and effect. 5. This 2002 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 2002 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 Chair or Vice Chair, authorized to execute same by Board action on the day of , 2002, and MUNICIPALITY, signing by and through its Mayor- Commissioner, duly authorized to execute same. COUNTY ATTE BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS Cou tyAdministrator and -Officio Clerk of the Board of County L ri Nance Parrish, Chair Commissioners of Brow,afd'County, Florida � cs ' '�' '.'�� 40aayof t- 2002. Cjoe° °e° �. ® 7' T4z Approved as to form by t C�; 1ST Office of County Attorney d�s� `{ Broward County, Florida >, Z.0* EDWARD A. DION, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier:' (954) 357-7641 By Pamela M. Kane Assistant County Attorney ® -4- 2002 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 / Y Mayor-Commission6r -Le day of ATTEST: By( City Clerk C' y Manager ® J 4 t ��day of ,2002. (CORPORATE SEAL) APPROVED AS TO FORM: By /�, � �� City'Attorney PMK April 8, 2002 H:\DATA\DIV2\PMK\PMK02\Agree\GasTax Agreements\GasTaxl-Daniampd -5- • 2002 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 2002 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 2002 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-six and thirteen one-hundredths percent(56.13%) 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-three and Eighty-seven May-U3-02 09 : 24A P _ 05 one hundredths percent (43,87%) of the total proceeds shall be divided among and distributed to the eligible municipalities within the COUNTY as follows: Population of Individual Municipality x 43.87% = Total Incorporated Area Population Recipient FY 2002 Share of Proceeds Coconut Creek 1,290560% Cooper City 0,797694% Coral Springs 3,404814% Dania Beach 0.779065% Davie 2.205835% Deerfield Beach 1.841494% Fort Lauderdale 4.399904% Hallandale Beach 0.972123% Hillsboro Beach 0.061527% Hollywood 3.981181% Lauderdale- by- the- Sea 0.167710% Lauderdale Lakes 0.899993% Lauderhill 1.639250% Lazy Lake 0.000964% Lighthouse Point 0,307039% Margate 1.534796% Miramar 2.234614% North Lauderdale 0.934867% Oakland Park 0.894350% Parkland 0.428278% Pembroke Park 0.187954% Pembroke Pines 4.016509% Plantation 2,365947% Pompano Beach 2.387325% Sea Ranch Lakes 0.018231% Southwest Ranches 0.203917% Sunrise 2.457216% Tamarac 1.589121% Weston 1.507237% Wilton Manors 0.360485% Total Incorporated 43.87% 2. Paragraph 3 of the Interlocal Agreement, as previously amended, is hereby amended to read: 2 May-03-02 09 : 24A p _ 06 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 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 45,517 Cooper City 28,134 Coral Springs 120,085 Dania Beach 27,477 Davie 77,798 Deerfield Beach 64,948 Fort Lauderdale 155,181 Hallandale Beach 34,286 • Hillsboro Beach 2,170 Hollywood 140,413 Lauderdale-by-the-Sea 5,915 Lauderdale Lakes 31,742 Lauderhill 57,815 Lazy Lake 34 Lighthouse Point 10,829 Margate 54,131 Miramar 78,813 North Lauderdale 32,972 Oakland Park 31,543 Parkland 15,105 Pembroke Park 6,629 Pembroke Pines 141,659 Plantation 83,445 Pompano Beach 84,199 Sea Ranch Lakes 643 Southwest Ranches 7,192 Sunrise 86,664 Tamarac 56,047 Weston 53,159 -3- Wilton Manors 12,714 Total 1,547,259 Unincorporated Area 102,666 Total County 1,649,925 3. This 2002 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, 2002. 4. In the event this 2002 Amendment to Interlocal Agreement or a portion of this 2002 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 2002 Amendment and the Agreement and/or any prior Amendment to the Agreement, the parties hereby agree that this document shall control. ® 6. This 2002 Amendment to Interlocal may Agreement be executed in several g Y counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one and the same instrument. [INTENTIONALLY LEFT BLANK] -4- IN WITNESS WHEREOF, the parties have made and executed this 2002 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 Chair or Vice Chair, authorized to execute same by Board action on the day of , 2002, and MUNICIPALITY, signing by and through its Mayor- Commissioner, duly authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, through its X, BOARD OF COUNTY COMMISSIONERS County Administrator and Ex-Officio By6 �-�iL Clerk of the Board of County Lori Nance Parrish, Chair Commissioners of Broward County, L Florida —dayof - 2002. Approved as to form by Office of County Attorney Broward County, Florida EDWARD A. DION, County Attorney Governmental Center, Suite 423 i115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: 54) 357-7641 ,R By / Pamela M. Kane Assistant County Attorney -5- 2002 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 By Mayor-Commissioner i dayof , 2002. ATT ST: y City Clerk i -Manager ® day of ,2002. (CORPORATE SEAL) APPROVED AS TO, FORM: By . City Attorney PMK April 8, 2002 H:\DATA\DIV2\PMK\PMK02\Agree\GasTax Agreements\GasTax3-DaniaBch.wpd -6- NINETEENTH 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 NINETEENTH 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 Nineteenth 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 -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, 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 eighteen 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 eighteen amendments, is amended to read as follows: 2. Sixty-two and fifty hundredths percent(62.5%)of said Local Option Gas Tax proceeds shall be distributed to the COUNTY, and the remaining thirty-seven and fifty hundredths percent (37.5%) 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 2003 Share of Proceeds Coconut Creek 1.103169% Cooper City 0.681867% Coral Springs 2.910429% Dania Beach 0.665944% Davie 1.885544% Deerfield Beach 1.574106% Fort Lauderdale 3.761030% Hallandale Beach 0.830969% Hillsboro Beach 0.052593% Hollywood 3.403107% Lauderdale-by-the-Sea 0.143358% Lauderdale Lakes 0.769312% Lauderhill 1.401228% Lazy Lake 0.000824% Lighthouse Point 0.262456% -2- Margate 1.311941% Miramar 1.910144% North Lauderdale 0.799123% Oakland Park 0.764489% Parkland 0.366091% Pembroke Park 0.160663% a Pembroke Pines 3.433305% Plantation 2 022407% Pompano Beach 2.040681% Sea Ranch Lakes 0.015584% Southwest Ranches 0.174308% Sunrise 2.100424% Tamarac 1,358378% Weston 1.288383% Wilton Manors 0.308142% 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 Eighteen amendments, is amended to read as follows: Recipient Population Coconut Creek 43,517 Cooper City 28,134 Coral Springs 120,085 Dania Beach 27,477 Davie 77,798 Deerfield Beach 64,948 Fort Lauderdale 155,181 Hallandale Beach 34,286 Hillsboro Beach 2,170 Hollywood 140,413 Lauderdale-by-the-Sea 5,915 Lauderdale Lakes 31 ,742 Lauderhill 57,815 Lazy Lake 34 Lighthouse Point 10,829 Margate 54,131 Miramar 78,813 -3- North Lauderdale 32,972 Oakland Park 31,543 Parkland 15,105 Pembroke Park 6,629 Pembroke Pines 141,659 Plantation 83,445 Pompano Beach 84,199 Sea Ranch Lakes 643 Southwest Ranches 7,192 Sunrise 86,664 Tamarac 56,047 Weston 53,159 Wilton Manors 12,714 Total 1,547,259 Unincorporated Area 102,666 Total County 1,649,925 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 Nineteenth Amendment and the Agreement and/or the Addendum to the Agreement and/or First through the Eighteenth Amendment, the parties hereby agree that this document shall control. 4. This Nineteenth 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 Nineteenth Amendment prior to June 1, 2002. 5. This Nineteenth 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 Nineteenth 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 Nineteenth 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 Chair or Vice Chair, authorized to execute same by Board action on the day of , 20 , and CITY, signing by and through its Mayor- Commissioner, duly authorized to execute same. COUNTY ATTES BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS Cou fyAdministrator and Nofficio 6 Clerk of the Board of County ri Nance Parrish, Chair Commissioners of Broward County, Florida ay of J tAl� ,2002. 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 y^. Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (95 ) 357-7641 r By Pamela M. Kane Assistant County Attorney ® -5- NINETEENTH 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 ayor-Commissioner dayof , 2002. A EST: By "� City Clerk - City Manager day of ,2002. (CORPORATE SEAL) APPROVED AS TO"FORM: By I City Attorney PMK April 8, 2002 H:\DATA\DIV2\PMK\PMK02\Agree\GasTax Agreements\GasTaxl9-DaniaBch.wpd t CITY OF DANIA BEACH DEPARTMENT OF FINANCE MEMORANDUM TO: Ivan Pato Memo: DF-02-025 City Manager FROM: Macciano K. Lewis �N Budget/Finance Analyst DATE: May 6, 2002 SUBJECT: Interlocal Gas Tax Agreements Issue: Execution of the Nineteenth Amendment to the Interlocal Agreement between the City of Dania Beach and Broward County regarding the Local Option Gas Tax, the 2002 Amendment to the Interlocal Agreement providing for the distribution of the proceeds of the Additional Gas Tax on. Motor Fuel, and the 2002 Amendment to the Interlocal . Agreement providing for the distribution of the proceeds of the Additional Gas Tax on Motor Fuel for Transit. Explanation: Attached is a letter from Roger J. Desjarlais, County Administrator. This letter forwards the Nineteenth Amendment to the Interrlocal Agreement between Broward County and the City of Dania Beach providing for the distribution of the Local Option Gas Tax, the 2002 Amendment to the Interlocal Agreement providing for the distribution of the proceeds of the Additional Gas Tax on Motor Fuel, and the 2002 Amendment to the Interlocal Agreement providing for the distribution of the proceeds of the Additional Gas Tax on Motor Fuel for Transit. There are (3) Interlocal Agreements between the Cities and the County to distribute ten cents of the Local Gas Tax. The three (3) Interlocal Agreements include: -Adopted in 1983, the "original" Local Gas Tax provided for Cities to receive 37.5% of proceeds of the six cents of gas tax. -Adopted in 1993, the "additional" Local Option Gas Tax provided for Cities to receive 37.5% of the three cents of gas tax. -Adopted in 2000, the "transit" gas tax provided for Cities to receive 26% of the proceeds of gas tax. 1 Pursuant to a 1997 Board approved Policy, the Cities' share of Local Option Gas Taxes was increased to take into account the population shift resulting from annexation. This policy allowed for both the "original" and "additional" Interlocal agreements to be amended in 1997 and 1999 to increase the Cities' share. However, only the "additional" agreement was 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 did not change, the Cities received the full benefit of the population shift resulting from annexation through the increase in the Cities' share of "additional" Local Option Gas taxes. The attached Amendments to three (3) Interlocal agreements are as follows: -The Nineteenth Amendment to the six cent "original" Local Option Gas Tax agreement adjust each City's percentage share of the 37.5%based on updated population figures. -The 2002 Amendment to the three-cent "additional" agreement increases the Cities' share from 42.99% to 43.87% for a total .88%. This increase ensures that the Cities' share of all ten-cents is not negatively impacted by the annexations effective on 9/15/01. Each City's percentage share of the 43.87% is also adjusted based on updated population figures. -The 2002 Amendment to the one cent "transit gas tax" includes adjustments to each City's percentage based on updated population figures with no change in the 26% City share. As a result of these Amendments, the Cities' share of Local Option Gas Tax is expected to increase by approximately$178,000. The County's share of the proceeds of the Local Option Gas Tax is 62.5% with the remaining 37.5% distributed to the Cities. The County's share of the proceeds of the additional Local Option Gas Tax on Motor Fuel is 56.13% and the remaining 43.87% to be distributed to the Cities. The County's share of the proceeds of the additional Local Option Gas Tax on Motor Fuel for Transit is 48% and the remaining 52% to be distributed to eligible municipalities. Since the attached agreements are based on the population distribution within the County, they must be amended each year to reflect the population changes within the County. The City's share of the proceeds of the Local Option Gas tax will be increased from 0.498049% to 0.665944%. The City's share of the proceeds of the additional Local Option Gas Tax will be increased from 0.570964% to 0.779065%. The City's share of the proceeds of the additional Local Option Gas Tax on Motor Fuel Transit will be increased from 0.345314% to 0.461721. 2 1 The Finance Director and the City Attorney have reviewed these Amendments. The monies that are received through the Local Option Gas Tax are used to improve, maintain and expand the City's transportation and public right-of-way systems. Recommendation: Please place the attached Interlocal Agreement Amendments between the City of Dania Beach and Broward County on the May 12, 2002 Regular Commission meeting for consideration. Cc: David Keller, Finance Director • 3 rVVAKL) b COUNTY ® e ROGER DESJARLAIS,County Administrator 115 S.Andrews Avenue,Room 409•Fort Lauderdale,FL 33301 •954-357-7350•FAX 954-357-7360 nil 24, 2002 Mr. Ivan Pato, City Manager City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, Florida 33004 Dear Mr. Pato: Since 1984, Cities have been asked to approve amendments to local option gas tax agreements each year in order to update population figures as provided within the interlocal agreements. The number of interlocals that must be updated annually has grown to three. Since 1997, the amendments have also provided for increases in the Cities'share of local option gas taxes in accordance with the County's adopted policy to compensate for the population shift to the Cities due to annexation. This year's amendments are expected to increase the Cities'share of local option gas taxes by approximately $178,000. Unfortunately, the number of interlocal agreements, ongoing annexation, and the need to comply with bond covenants has complicated what used to be a simple process. The remainder of this letter attempts to provide historical context and details on how the amendments were constructed. Background There are three interlocal agreements between the Cities and the County to distribute ten cents of local option gas tax. The three interlocal agreements include: • The original local option gas tax adopted in 1983 providing for Cities to receive 37.5% of the proceeds of six cents of gas tax. • The "additional" local option gas tax adopted in 1993 providing for Cities to receive 37.5% of three cents of gas tax. The Cities'share of this gas tax has increased since 1997 due to annexation. • The"transit gas tax"adopted in 2000 providing for the Cities to receive 26% of the proceeds of one cent of gas tax. In 1997, the Board approved a policy providing for increases in the Cities'share of local option gas taxes to take into account the population shift resulting from annexation. Only the "additional"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 Cities will receive the full benefit of the shift of population resulting from annexation through the increase in the Cities' share of"additional" local option gas taxes. Description of the Enclosed Amendments The enclosed amendments to three interlocal agreements incorporate updated population data and adjustments to the split between the County and the Cities due to annexation. Specifically, the three amendments accomplish the following: • The nineteenth amendment to the six cent "original" local option gas tax agreement adjusts each City's percentage share of the 37.5% based on updated population figures. 0 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 Page Two April 24, 2002 • The 2002 amendment to the three cent"additional" agreement increases the Cities'share from 42.99% to 43.87%for a total of.88%. This increase ensures that the Cities'share of all ten cents is not negatively impacted by the annexations effective on 9/15/01. Each City's percentage share of the 43.87% is also adjusted based on updated population figures. • The 2002 amendment to the one cent"transit gas tax" includes adjustments to each City's percentage share based on updated population figures with no change in the 26% City share. Enclosed are three copies of the above amendments. Interlocal agreements with Cities representing a majority of the municipal population must be executed by both the City and the County prior to June 1, 2002. Please return all three executed originals of each amendment(nine total)to: Eileen J. Steigerwald, Administrative Manager Broward County Public Works Department 115 S.Andrews Avenue, room 514 Fort Lauderdale, FL 33301 These amendments must be approved by the City Commission as soon as possible in order to meet the Statutory deadline of June 1s`. If you have any questions about the amendments, please contact Maureen Shields from the County's Office of Budget Services at 357-6358. Sincerely, Roger J. Desjarlais County Administrator cc: Board of County Commissioners Dick Brossard Kayla Olsen RJD:MCS:ls •