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Home My WebLink AboutR-2007-083 2007 Local Option Gas Tax RESOLUTION NO. 2007-083 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2007 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE 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 2007 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 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 it. Section 2. That the 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 on May 8, 2007. l GZl'� NTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, C C CITY CLERK APPROVED AS TO FO ND CORRECTNESS: BY: / �� XNOAO CITY ATTORNEY 2007 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 2007 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 "MUNICIPALITY." 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 MUNICIPALITY agree as follows: 1. Paragraph 2 of the Interlocal Agreement, as previously amended, is hereby amended to read as follows: 2. Forty-eight and Seventy-four One-hundredths percent (48.74%) 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 Fifty-one and Twenty- six One-hundredths percent (51.26%) of the total proceeds shall be divided among and distributed to the eligible municipalities within the COUNTY as follows: Population of Individual Municipality x 51.26% _ Total Incorporated Area Population 1 • FY 2008 Percent Recipient Share of Proceeds Coconut Creek 1.426892% Cooper City 0,886061% Coral Springs 3.829121% Dania Beach 0.843579% Davie 2,648051% Deerfield Beach 2.233484% Fort Lauderdale 5.194594% Hallandale 1.058913% Hillsboro Beach 0.065997% -Hollywood 4.233023% Lauderdale-by-the-Sea 0.172261% Lauderdale Lakes 0.950109% Lauderhill 1.972714% Lazy Lake 0.001211% -Lighthouse Point 0.321981% -Margate 1.634633% Miramar 3,259162% North Lauderdale 1.228486% . Oakland Park 1.253390% Parkland 0.658586% Pembroke Park 0.169573% Pembroke Pines 4.484103% Plantation 2.507873% Pom ano Beach 2.986812% Sea Ranch Lakes 0.021566% Southwest Ranches 0,219056% Sunrise 2.649026% Tamarac 1.750645% Weston 1.820660% West Park 0.407801% Wilton Manors 0.370637% TotalIncorporated 51.260000% 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: FY 2008 Recipient Population Coconut Creek 48,300 Cooper City 29,993 Coral Springs 129,615 Dania Beach 28,555 • Davie 89,636 Deerfield Beach 75,603 Fort Lauderdale 175,836 Hallandale 35,844 Hillsboro Beach 2,234 Hollywood 143,287 Lauderdale-by-the-Sea 5,831 Lauderdale Lakes 32,161 Lauderhill 66,776 Lazy Lake 41 Lighthouse Point 10,899 Maaaate 55,332 Miramar 110,322 North Lauderdale 41,584 Oakland Park 42,427 Parkland 22,293 Pembroke Park 5,740 Pembroke Pines 151,786 Plantation 84,891 Pompano Beach 101,103 Sea Ranch Lakes 730 3 • FY 2008 Re ci lent Population Southwest Ranches 7,415 Sunrise 89,669 Tamarac 59,259 Weston 61,629 West Park 13,804 Wilton Manors 12,546 Total lncor orated 1,735,141 Unincor orated Area 18,021 Total Count 1,753,162 3. This 2007 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 and Broward County have executed this Interlocal Agreement prior to June 1, 2007. 4. In the event this 2007 Amendment to Interlocal Agreement or a portion of this • 2007 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 MUNICIPALITY 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. Except to the extent amended, the Agreement shall remain in full force and effect. In the event of any conflict between the terms of this 2007 Amendment and the Agreement and/or any prior Amendment to the Agreement, the parties hereby agree that this document shall control. 6. This 2007 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. [THE REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.] 0 4 • IN WITNESS WHEREOF, the parties have made and executed this 2007 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 Mayor or Vice Mayor, authorized to execute same by Board action, and MUNICIPALITY, 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 Mayor Commissioners of Broward County, Florida day of 2007. Approved as to form by Office of County Attorney Broward County, Florida JEFFREY J. NEWTON, County Attorney Governmental Center, Suite 423 • 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-6968 By Al A. DiCalvo Assistant County Attorney • 5 • 2007 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH ROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE MUNICIPALITY WITNESSES: City of Dania Beach By Bob Anton, Mayor-Commissioner day of ;)'24�, ' 2007. l ATTEST: By 1ti7Z ice _ � �t 9r?7�.� Louise Stilson, City Clerk Ivan Pato; City Manager • _ day of I7?1� Z 12007. (CORPORATE SEAL) APPROVED AS TOP PR By T d � Thomas J. , nsbrb, City Attorney • 6