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Home My WebLink AboutR-2001-076 RESOLUTION NO. 2001-076 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE EIGHTEENTH AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE 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; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain Eighteenth Amendment to the Interlocal Agreement between Broward County and the 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, 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 That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict.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 KLURY MAYOR— COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA -ABSENT CHARLENE J NSON COMMISSIONER MIKES - YES ACTING CIT LERK VICE-MAYOR CHUNN - YES MAYOR FLURY - YES APPROVED AS TO FO M AND CORRECTNESS: BY: �t AA T- O AS T ANSIJRO CITY ATTORNEY RESOLUTION NO. 2001-076 EIGHTEENTH 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 • EIGHTEENTH 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 Eighteenth 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 i 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, 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 seventeenth amendment, 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 tothe 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 2002 Share of Proceeds Coconut Creek 1.081602% Cooper City 0.693634% Coral Springs 2.918359% Dania Beach 0.498049% Davie 1.879881% Deerfield Beach 1.603386% Fort Lauderdale 3.834168% Hallandale Beach 0.851110% Hillsboro Beach 0.053700% Hollywood 3.459780% Lauderdale-by-the-Sea 0.063631% Lauderdale Lakes 0.787132% Lauderhill 1.429648% Lazy Lake 0.000943% Lighthouse Point 0.267310% -2- Margate 1.338385% Miramar 1.805872% ® North Lauderdale 0.801010% Oakland Park 0.768785% Parkland 0.343478% Pembroke Park 0.156384% Pembroke Pines 3.411865% Plantation 2.058981% Pompano Beach 2.133412% Sea Ranch Lakes 0.034559% Southwest Ranches 0.176419% Sunrise 2.129613% Tamarac 1.380069% Weston 1.223611% Wilton Manors 0.315225% 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 sixteenth amendment, is amended to read as follows: 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 -3- 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 Sea Ranch Lakes 1,392 Southwest Ranches 7,106 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. All provisions of the Interlocal Agreement and the Addendum thereto, as amended, not in conflict with this Seventeenth Amendment shall remain in full force and effect. 4. This Eighteenth 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 Eighteenth Amendment prior to June 1, 2001. 5. This Eighteenth 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 Eighteenth 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 Eighteenth 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- EIGHTEENTH 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 , w, "av Mayor-Commissioner day of , 2001 . i;Znc7416 e �R✓,s l ATTEST: By -Q^ City Clerk G�- City Manager ® � v �lq day of , 20 0 - (CORPORATE SEAL) APPROVED AS ORM: By 'I �I City Attorney 1 CSW:sI 4/18/01 2120/01 gastx18.frm 01-017.01 -6- AGENDA REQUEST FORM d 4 CITY OF DAN IA BEACH To: Adm'ini`strative Services Department 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 C Roger J. Desjarlais, County Administrator 'N 115 S. Andrews Avenue, Room 409 Fort Lauderdale, FL 33301 (954) 357-7350 a 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: • 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. • 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_ Jams A.Scott Suzanne N.Gunzburger Ilene Lieberman Lori Nance Parrish Kristin D.Jacobs John E.Rodstrom,Jr. Ben Graben Diana Wasserman-Rubin Joseph-Eggelletion,Jr. Visit us on the Internet. www.broward.org 10 d 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: O 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% . ► 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 Suzanne N.Gunzburger Ilene Lieberman Lori Nance Parrish Kristin D.Jacobs John E.Rodstrom,Jr. Ben Grebe( Diana Wasserman-Rubin Josephus Eggelletion,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. Sincerely, 4, �j. 7 Roger J. Desjarlais County Administrator RJD:MG:ls • BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS -An equal Opportunity Employer and Provider of Services James A.Scon Suzanne N.Gunzburger Ilene Lieberman Lori Nance Parrish Kristin D.Jacobs John E.Rodstrom.Jr. Ben Graber Diane Wasserman-Rubin Josephus Eggelletion.Jr. Visit us on the Internet: www.broward.org 6 r 9t 0 V'i- . :o- FLORIDA May 22, 2001 Eileen J. Stiegerwald, 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. Stiegerwald: 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: 2001 Amendment—Additional Local Option Gas Tax on Motor Fuel Ordinance 2001 Amendment— Broward County Fifth Cent Additional Local Option Gas Tax on Motor Fuel for Transit Eighteenth Amendment- Local Option Gas Tax Imposed by the Broward County Local Option Gas Tax Ordinance If you have any questions regarding this agreement, please contact Dave Keller, Finance Director, at (954) 924-3620. In regards to return of the executed documents, please contact me at (954) 924-3622. Sincerely, 1 Cfl I e�-n�Jahhson Acting City Berk "Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 wwwci.dania-beach.fl.us