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HomeMy WebLinkAboutR-2000-056 • RESOLUTION NO. 2000-056 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RESCINDING RESOLUTION NO. 2000-041,ADOPTED MARCH 28, 2000, AND SUBSTITUTING IN ITS PLACE A NEW RESOLUTION 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 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 Broward County Local Option Gas Tax Ordinance, a copy of which is attached as Exhibit "A", is approved and the appropriate city officials are hereby directed to execute same. Section 2. That all resolutions or parts of resolutions in conflict are repealed to the extent of such conflict.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 25th day of ApriO 0. MAYOR - tOMMISSIONtR ATTEST: ROLL CALL: MAYOR MCELYEA - YES VICE-MAYOR BERTINO- YES HERYL CHAPMAN COMMISSIONER ETLING - YES ACTING CITY CLERK COMMISSIONER CALI - YES COMMISSIONER MIKES- YES APPROVED AS TO FORM AND CORRECTNESS: BY: �I /\ AA, THO A J. A SBRO CITY ATTORNEY 1 RESOLUTION NO. 2000-056 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 EXHIBIT ®a m 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 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: 4. Paragraph 2 of the Interlocal 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 1.101847% Cooper City 0.800325% Coral Springs 3.112270% Dania Beach 0.514793% Davie 1.881140% Deerfield Beach 1.670403% Fort Lauderdale 4.149851% Hallandale 0.877600% Hillsboro Beach 0.048916% Hollywood 3.556195% Lauderdale-by-the-Sea 0.105800% Lauderdale Lakes 0.776368% Lauderhill 1.409441% Lazy Lake 0.000975% -2- Lighthouse Point 0.296535% Margate 1.413090% Miramar 1.520506% North Lauderdale 0.833001% Oakland Park 0.786564% Parkland 0.368239% Pembroke Park 0.133267% Pembroke Pines 3.345347% Plantation 2.240631% Pompano Beach 2.072627% Sea Ranch Lakes 0.017160% Southwest Ranches 0.229623% Sunrise 2.184333% Tamarac 1.460057% Weston 1.184526% Wilton Manors 0.328571% 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 thareto 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 Lazy Lake 35 Lighthouse Point 10,645 -3- 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 Southwest Ranches 8,243 Sunrise 78,413 Tamarac 52,413 Weston 42,522 Wilton Manors 11,795 Incorporated area 1,379,198 Unincorporated Area 111,091 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. -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- ,ENTEENTH AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD ,OUNTYAND CITY OF DANIA BEACH PROVIDING FOR DIVISION AND DISTRIBUT'ON OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE CITY WITNESSES: CITY OF DANIA BEACH By Mayor-Commissi er day of 20 ATTEST: l By City C erk i ana er t5�:d y of , 20(T (CORPORATE SEAL) APPROVED AS TO FORM: By /l_ '-\, nk� - City tt n d y � CSW:cb 3/30/00 gastx17.frm #99-087