The URL can be used to link to this page

Home My WebLink AboutR-2001-075 RESOLUTION NO. 2001-075 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 BROWARD COUNTY FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT; 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 betv�veen 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 for Transit, 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 That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict.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 COMMISSIONER MCELYEA - ABSENT HARLENE J NSON COMMISSIONER MIKES - YES ACTING CITY LERK VICE-MAYOR CHUNN - YES MAYOR FLURY—YES APPROVED AS TO FORIA AND CORRECTNESS: BY: TH'OMA8 J.ANSBRO CITY ATTORNEY RESOLUTION NO. 2001-075 • 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 FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT EXHIBIT "All 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 FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT 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: 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 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 setforth 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 CITY 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% CitV Population FY2002Percent Share Coconut Creek 43,566 0.749911% Cooper City 27,939 0.480920% Coral Springs 117,549 2.023395% Dania Beach 20,061 0.345314% Davie 75,720 1.303384% Deerfield Beach 64,583 1.111681% Fort Lauderdale 154,437 2.658356% Hallandale Beach 34,282 0.590103% Hillsboro Beach 2,163 0.037232% Hollywood 139,357 2.398781% Lauderdale-by-the-Sea 2,563 0.044117% Lauderdale Lakes 31,705 0.545745% -2- Lauderhill 57,585 0.991223% Lazy Lake 38 0.000654% Lighthouse Point 10,767 0.185335% Margate 53,909 0.927947% Miramar 72,739 1.252072% North Lauderdale 32,264 0.555367% Oakland Park 30,966 0.533024% Parkland 13,835 0.238145% Pembroke Park 6,299 0.108426% Pembroke Pines 137,427 2.365560% Plantation 82,934 1.427560% Pompano Beach 857'932 1.479165% Sea Ranch Lakes 1,392 0.023961% Southwest Ranches 7,106 0.122317% Sunrise 85,779 1.476532% Tamarac 55,588 0.956848% Weston 49,286 0.848370% Wilton Manors 12,697 0.218556% Total 1,510,468 26.00000% Unincorporated area 112,550 Total County 1,623,018 Theo population figures set forth above are based on the figures contained in the PP 9 g 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 . 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. 3. 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 TOWN elects to terminate this Agreement. The election to terminate this -3- 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, not in conflict with this 2001 Amendment 9 to Interlocal Agreement, shall remain in full force and effect. 5. 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] i -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 FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT CITY WITNESSES: CITY OF DANIA BEACH By Mayor-Commissions day of ' , 200 . eIlL L . D ✓4 ATTEST: B City Cler - ity Manager day of 2001 . (CORPORATE SEAL) APPROVED AS TO FORM: By city, ttom' "ey CSW:sl 4/18/01 gasbc5TH.01 01-017.01 AGENDA REQUEST FORM CITY OF DANIA BEACH To .'Administratlue,Sewices°De artment p 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) ❑ ® 4. 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 CITY OF DANIA BEACH DEPARTMENT OF FINANCE MEMORANDUM TO: Jason Nunemaker, Memo: DF-01-002 City Manager FROM: David E. Keller, CGFM 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 1ADKellerWy Documents\Memos\01-002.doc 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 C\DKeller\My Documents\Memos\01-002.doc