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HomeMy WebLinkAboutR-2001-074 RESOLUTION NO. 2001-074 • A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2001 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 that certain 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 Acting 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 That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict.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 8th day of May, 2001.�� PATRICIAL FLURY MAYOR— COMMISSIONER AT EST: ROLL CALL: COMMISSIONER BERTINO - YES PAJ COMMISSIONER MCELYEA -ABSENT CHARLENE J SON COMMISSIONER MIKES - YES ACTING CITY ERK VICE-MAYOR CHUNN - YES MAYOR FLURY—YES APPROVED AS TO FO AND CORRECTNESS: BY: THOMAS JJANSB O CITY ATTORNEY RESOLUTION NO. 2001-074 1, • 2001 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 2001 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 2001 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." 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 CITY agree as follows: 1. Paragraph .2 of the Interlocal Agreement, as previously amended, is hereby amended to read as follows: 2. Fifty-seven and one one-hundredths percent(57.01%) 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-two . -1- and ninety-nine one hundredths percent(42.99%) of the total proceeds shall be divided among and distributed to the eligible municipalities within the COUNTY as follows: Population of Individual MuniciRaliit-y x 42.99% _ Total Incorporated Area Population Recipient FY 2002 Share of Proceeds Coconut Creek 1.239948% Cooper City 0.795182% Coral Springs 3.345606% Dania Beach 0.570964% Davie 2.155096% Deerfield Beach 1.838121% Fort Lauderdale 4.395490% Hallandale Beach 0.975713% Hillsboro Beach 0.061562% Hollywood 3.966292% Lauderdale- by-the- Sea 0.072947% Lauderdale Lakes 0.902368% Lauderhill 1.638948% ® Lazy Lake 0.001082% Lighthouse Point 0.306444% Margate 1.534324% Miramar 2.070252% North Lauderdale 0.918278% Oakland Park 0.881335% Parkland 0.393763% Pembroke Park 0.179278% Pembroke Pines 3.911362% Plantation 2.360416% Pompano Beach 2.445743% Sea Ranch Lakes 0.039618% Southwest Ranches 0.202247% Sunrise 2.441389% Tamarac 1.582111% Weston 1.402747% Wilton Manors 0.361374% Total Incorporated 42.99% ® -2- 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 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 43,566 Cooper City 27,939 Coral Springs 117,549 Dania Beach 20,061 • Davie 75,720 Deerfield Beach 64,583 Fort Lauderdale 154,437 Hallandale Beach 34,282 Hillsboro Beach 2,163 Hollywood 139,357 Lauderdale-by-the-Sea 2,563 Lauderdale Lakes 31,705 Lauderhill 57,585 Lazy Lake 38 Lighthouse Point 10,767 Margate 53,909 Miramar 72,739 North Lauderdale 32,264 Oakland Park 30,966 Parkland 13,835 Pembroke Park 6,299 Pembroke Pines 137,427 Plantation 82,934 Pompano Beach 85,932 -3- Sea Ranch Lakes 1,392 Southwest Ranches 7,106 I� Sunrise 85,779 Tamarac 55,588 Weston 49,286 Wilton Manors 12,697 Total 1,510,468 Unincorporated Area 112,550 Total County 1,623,018 3. This 2001 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, 2001. 4. In the event this 2001 Amendment to Interlocal Agreement or a portion of this 2001 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 CITY 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. All provisions of the Interlocal Agreement as previously amended, not in conflict with this 2001 Amendment to Interlocal Agreement, shall remain in full force and effect. 6. This 2001 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. [INTENTIONALLY LEFT BLANK] -4- IN WITNESS WHEREOF, the parties have made and executed this 2001 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 ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and Ex-Officio By Clerk of the Board of County Chair Commissioners of Broward County, Florida day of , 20 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 Telecopier: (954) 357-7641 By Assistant County Attorney • -5- 2001 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 CITY WITNESSES: CITY OF DANIA BEACH By "^1 bti' ' �✓ Mayor-Commissioner /Y day of. , 20 61/ . n� �. a✓ems ATTEST: By .�Y" City Clerk City Manager 'b day of , 20 (CORPORATE SEAL) APPROVED AS TO FORM: 1 / 1 By City orhey csw:sI 04/18/01 gastx04.agm 01-017-01 -6- AGENDA REQUEST FORM CITY OF DAN IA BEACH To: ' Admi nistratiw, ervmce's-pepartme'nt a Prepared By: David E. Keller Date: 5/2/01 --------------------------------------------------------------------------------------------------------------------------------- Please complete the following items related to your agenda request. 1. Date of Commission meeting: 5/8/01 2. Title: Amending the Interlocal Agreements between Broward County and the City of Dania Beach regarding division and distribution of the proceeds of Gas Tax. 3. Commission action requested: Adopt Resolution or Ordinance ® Expenditure ❑ Award Bid/RFP ❑ Presentation ❑ General approval of item ❑ Continued from meeting ❑ Other(please explain) ❑ r4. Summary explanation & background: The interlocal agreements between Broward County and the various cities within the county are amended on an annual basis to reflect the revised division and distribution factors. There are now three agreements which need to be amended each year: the original 1983 Gas Tax Agreement (six cents), the "Additional" 3 cents 1993 Gas Tax Agreement, and the one cent "Transit Gas Tax"Agreement. 5. Attached Exhibits (please list): 1. Agreement with Broward County 2. Letter from County Administrator Roger J. Desjarlais 3. Memo from Finance Director David E. Keller 6. List Additional Backup Materials Provided: 7. For purchasing requests only: Fund Dept. Account name: Account#: Finance Director Approval 8. Reviewed and approved: Department Director Date City Manager Date • IA B CITY OF DAN EACH x� DEPARTMENT OF FINANCE MEMORANDUM TO: Jason Nunemaker, Memo: DF-01-002 City Manager FROM: David E. Keller, CGFM VY Director of Finance DATE: May 2, 2001 SUBJECT: Amendments to the Interlocal Agreements between Broward County and the City of Dania Beach regarding Gas Tax Issue ® The issue is the submission of the three amendments to the Interlocal Agreements between the County and the City to the City Commission for its consideration during the upcoming May 8 Commission Meeting. Explanation Each year the Interlocal Agreements between Broward County and the various cities throughout the County are amended to include revised factors for division and distribution of the proceeds of the gas tax proceeds. There are currently three agreements which are in place: the original 1983 on six cents of gas tax, the. "additional" 1993 on three more cents of gas tax, and the most recent 2000 additional one cent for "transit gas tax". An amendment is being presented for each of the three agreements. Among the factors which change the distribution are the relative proportions which are distributed between the County and the Cities for each of the three agreements, and also the relative amounts distributed between the cities out of the total cities' share, which is calculated upon a population based formula. It is the County's policy that each year the population data obtained from the most current edition of "Florida Estimates of Population", published by the Bureau of Economics and Business Research, Population Division, University of Florida, is • used as the basis for the amendment calculations. This means that the newly l:\DKeller\My Documents\Memos\0 I-002.doc iI • annexed areas coming to the City of Dania Beach on September 15, 2001, are not currently eligible for inclusion in the division and distribution formulas; they will be added to the City's count for next year's amendment calculations. The interlocal agreements are only readjusted once per year, so that population changes coming up during the interim period are not taken into consideration until the following year. I have already been in contact with the Broward County Office of Management and Budget regarding this issue, and the City of Dania Beach will be working with the County to enter into an interlocal agreement to obtain funds which the County has collected or received on those currently unincorporated areas which will become part of the City on September 15, 2001. Gas tax proceeds will be among those funds discussed for possible inclusion in the interlocal agreement. Recommendation Please include the three amendment agreements to the City Commission for its review and consideration at its Meeting of May 8, 2001. Attachment C: Mayor/Commissioners 1:\DKeller\My Documents\Memos\01-002.doc I Roger J. Desjarlais, County Administrator 115 S. Andrews Avenue, Room 409 Fort Lauderdale, FL 33301 • (954) 357-7350 © FAX (954) 357-7360 BROWARD COUNTY April 24, 2001 Mr. Michael Smith City Manager, City of Dania 100 West Beach Boulevard Dania, Florida 33004 Dear Mr. Smith: 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 $200,000. Unfortunately, the number of interlocal agreements, annexations and compliance 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: Y The "original" local option gas tax adopted in 1983 provided for Cities to receive 37.5% of the proceeds of six cents of gas tax.The Cities' share of this gas tax has increased since 1997 due to annexation. C The "additional" local option gas tax adopted in 1993 provided 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 provided for the Cities to receive 26%of the proceeds of one cent of gas tax. BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS -An equal Opportunity Employer and Provider of Services James A.Scott Suzanne N.Gunzburger Ilene Lieberman Lori Nance Parrish Kristin D.Jacobs John E.Rodstrom,Jr. Ben Graber Diana Wasserman-Rubin JOSephuS Eggelletion,Jr. Visit us on the Internet: www.broward.org 10 ® 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. Based on this policy, the "original" and "additional" interlocal agreements were amended in 1997 and 1999 to increase the Cities' share. Last year, 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. Even though the Cities' share of the "original" local option gas tax did not change, the Cities received the full benefit of the shift of population resulting from annexation through an increase in the Cities' share of"additional" local option gas taxes. As a result, the Cities' share of the three cent "additional" is currently more than the Cities' share of the six cent "original" local option gas tax. 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. The adjustments to the split are due to annexation and to comply with County bond covenants. Specifically, the three amendments accomplish the following: ® The eighteenth amendment to the six cent"original" local option gas tax agreement reduces the Cities'share from 38.42%to the 37.5%in order to comply with County bond covenants. ► The gas tax proceeds attributable to the .92% reduction in the Cities' share of the "original" local option gas tax is recovered by increasing the Cities' share of the "additional" local option gas tax. ► Each City's percentage share of the 37.5% is adjusted based on updated population figures. The 2001 amendment to the three cent "additional" agreement increases the Cities' share from 40.01% to 42.99% for a total of 2.98% . 10- 2.03% of the increase holds the Cities' harmless as a result of the reduction in the Cities' share of the "original" local option gas tax. ► .95%of the increase ensures that the Cities'share of the"additional" and the"transit" gas taxes is not negatively impacted by the annexations effective on 9/15/00. ► Each City's percentage share of the 42.99%is adjusted based on updated population figures. BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS -An equal Opportunity Employer and Provider of Services James A.Scott Susanne N.Gunzburger Ilene Lieberman Lori Nance Parrish Kristin D.Jacobs John E.Rodstrom.Jr. Ben Graber Diana Wasserman-Rubin Josephus Eggellatwn.Jr. Visit us on the Internet: www.broward.org 11 • The 2001 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. The revenues attributable to annexation for this gas tax are included in the .95% increase in "additional" local option gas tax agreement. 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, 2001. Please return all three executed originals of each amendment (nine total) to: Eileen J. Stiegerwald, Administrative Coordinator Broward County Public Works Department 115 S. Andrews Avenue, room 514 Fort Lauderdale, FL 33301 These amendments must approved by the City Commission as soon as possible in order to meet the Statutory deadline of June V. We apologize for the short notice, however, the late completion of the population figures necessary to draft the amendments prohibited the sending of these amendments at an earlier date. If you have any questions about the amendments, please contact Marci Gelman from the County's Office of Budget Services at 357-6354. rSincerely, 4 7 J Roger J. Desjarlais County Administrator RJD:MG:ls BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS -An equal Opportunity Employer and Provider of Services James A.Scott Suzanne N.Gunzburger Ilene Lieberman Lori Nance Parrish Kristin D,Jacobs John E.Rodsirom.Jr. Ben Grebe( Diana Wasserman-Rubin Josephus Eggelletion.Jr. Visit us on the Internet: www.broward.org 6