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Home My WebLink AboutR-2000-041 RESOLUTION NO. 2000-041 A RESOLUTION OF THE CITY OF DANIA BEACH FLORIDA, > APPROVING THE SEVENTEENTH 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 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, a copy of which is attached hereto and made a part hereof as Exhibit "A", be and the same is hereby approved and the appropriate city officials are hereby directed to execute same. Section 2. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 3. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED this day of March, 2000. /MAYOR-COMMISSIO , R ATTEST: ROLL CALL: MAYOR MCELYEA - YES VICE-MAYOR BERTINO - YES SHERYL HAPMAN COMMISSIONER CALI - YES ACTING CITY CLERK COMMISSIONER ETLING - YES COMMISSIONER MIKES - YES APPROVED AS T FO AND CORRECTNESS: THOMAS ANS R CITY ATTO EY SEVENTEENTH 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 I@ " SEVENTEENTH 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 Seventeenth 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)(b), 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 ® 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 lnterlocal Agreement, as amended by the Addendum to the lnterlocal 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: 4. Paragraph 2 of the Interiocal Agreement, as amended by the Addendum thereto and the prior sixteenth amendment, is amended to read as follows: 2. Sixty-one and fifty-eight hundredths percent (61.58%) of said Local Option Gas Tax proceeds shall be distributed to the COUNTY, and the remaining thirty-eight and forty-two hundredths percent (38.42%) shall be divided among and distributed to the eligible municipalities within the COUNTY as follows: Population of Individual Municipality x 38.42% _ Total Incorporated Area Population Recipients Share of Proceeds 2000 Coconut Creek 1.108472% Cooper City 0.805137% Coral Springs 3.130982% Dania Beach 0.517888% Davie 1.892450% Deerfield Beach 1.680447% Fort Lauderdale 4.174802% Hallandale 0.882876% Hillsboro Beach 0.049211% Hollywood 3.577577% Lauderdale- by- the- Sea 0.106436% Lauderdale Lakes 0.781036% -2- Lauderhill 1.417915% Lazy Lake 0.000981% Lighthouse Point 0.298318% Margate 1.421587% Miramar 1.529648% North Lauderdale 0.838009% Oakland Park 0.791293% Parkland 0.370453% Pembroke Park 0.134068% Pembroke Pines 3.365461% Plantation 2.254103% Pompano Beach 2.085089% Sea Ranch Lakes 0.017263% Sunrise 2.197466% Tamarac 1.468836% Weston 1.191648% Wilton Manors 0.330546% Total Incorporated 38.420000% 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 39,554 Cooper City 28,730 Coral Springs 111,724 Dania Beach 18,480 Davie 67,529 Deerfield Beach 59,964 Fort Lauderdale 148,971 Hallandale 31,504 Hillsboro Beach 1,756 Hollywood 127,660 Lauderdale-by- the-Sea 3,798 Lauderdale Lakes 27,870 Lauderhill 50,596 -3- Lazy Lake 35 ® Lighthouse Point 10,645 Margate 50,727 Miramar 54,583 North Lauderdale 29,903 Oakland Park 28,236 Parkland 13,219 Pembroke Park 4,784 Pembroke Pines 120,091 Plantation 80,434 Pompano Beach 74,403 Sea Ranch Lakes 616 Sunrise 78,413 Tamarac 52,413 Weston 42,522 Wilton Manors 11,795 Total County 1,490,289 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 Seventeenth 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 Seventeenth Amendment prior to June 1, 2000. 5. This Seventeenth 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 Seventeenth 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 Seventeenth 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 CAROLS. WOLFF Assistant County Attorney . -5- SEVENTEENTH 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 Mayor-Commissioner day of , 20 ATTEST: By • City Clerk City Manager day of , 20 (CORPORATE SEAL) APPROVED AS TO FORM: By City Attorney CSW:cb 3/1/00 gastax17.agm #99-087 -6- Public =Woks b6partment 115 S. Andrews Avenue, Room 514 BROWARD COUNTY Fort Lauderdale, FL 33301 (954) 357-6410 • FAX (954) 357-6340 March 7, 2000 Email: rbrossard@co.broward.fl.us Michael Smith, City Manager 100 W. Dania Beach Blvd. Dania Beach, FL 33004 Re: (1) Seventeenth Amendment to Interlocal Agreement Providing for Division and Distribution of the Proceeds of the Local Option Gas Tax (2) 2000 Amendment to Interlocal Agreement Providing for Division and Distribution of the Proceeds of the Additional Tax on Motor Fuel Dear Mr. Smith: Broward County levies nine cents of local option gas tax to be shared with the municipalities and distributed in accordance with two interlocal agreements. Once again, the County Attorney's Office has prepared the necessary annual amendments to the Interlocal Agreements, to include the most recent population data to update the distribution formula. The original six cents of gas tax may be utilized for all transportation expenditures as defined by Florida Statutes. The additional three cents must be used for transportation expenditures needed to meet the requirements of the capital improvement element of an adopted comprehensive plan. To ensure compliance with State Statutes, please return the enclosed letter, certifying that all 1999 expenditures from local option gas tax proceeds were in accordance with Florida Statute 336.025. Enclosed are three copies of each of the above referenced amendments. These amendments comply with the statutory requirement for the establishment of a distribution formula and incorporate the latest population figures prepared and published by the Bureau of Economic and Business Research of the University of Florida. Interlocal agreements with municipalities representing a majority of the incorporated population must be executed by both the municipality and Broward County prior to June 1, 2000. Please return all three executed originals of each amendment(six total) as soon as possible, to: Eileen J. Steigerwald, Administrative Coordinator Broward County Public Works Department 115 South Andrews Ave., Room 514 Fort Lauderdale, FL 33301 Once executed by our Board of County Commissioners, we will return an original of each agreement for your files. Thank you for your assistance in expediting these amendments and should you have any questions, we can be reached at 357-6410. . Sincerely, O� Lee E. Billingsley, P.E., Director Office of Transportation /e Enclosures ® §Norman Thabit, Commission Auditor ��GNlancia Gelman, Office of Budget Services Lights BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS—An Equal Opportunity Employer and Provider of Services Norman Abramowitz Scott I.Cowan Suzanne N. Gunzburger Kristin D.Jacobs Ilene Lieberman Lori Nance Parrish John E. Rodstrom Jr. Visit us on the Internet:www.co.broword.fl.us ;f,f�i°,l • G FLORIDA March 22, 2000 Mr. Lee E. Billingsley, P.E., Director Office of Transportation 115 South Andrews Avenue, Room 514 Fort Lauderdale, FL 33301 Re: Certification of FY 1999 Expenditures from Local Gas Taxes Dear Mr. Billingsley: This letter will serve as certification that the City of Dania Beach is in compliance with Florida Statute 336.025, regarding the use of Fiscal Year 1999 local option gas tax proceeds. Sincere, Marie Jabalee Finance Director "Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 www.ci.dania-beach.fl.us