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Home My WebLink AboutR-1990-003 f RESOLUTION NO. 03-90 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA PROVIDING FOR DISTRIBUTION OF THE, PROCEEDS OF THE LOCAL j GOVERNMENT INFRASTRUCTURE SALES SURTAX; AND PROVIDING FOR AN EFFECTIVE DATE. i i BE IT RESOLVED BY THF. CITY COMMISSION OF THE CITY OF DANIA, ti FLORIDA: 1 Section 1 . That the Interlocal Agreement between Broward County and the City of Dania , providing for distribution of the proceeds of the local government infrastructure sales surtax, 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 directed to execute same . Section 2 . That this resolution shall be in force and take effect immediately upon its passage and adoption . PASSED and ADOPTED this 9th day of January 1990. /-tTAYOR - COWMST0 R AT EST: 1-/ v -� rrmv _ n- - OR ..y...... ...,...—..,.. DEPUTY APPROVED AS TO FORM AND CORRECTNESS B y: lLi FRANK C. ADLER, City Attorney i I i li Resolution No. 1 INTERLOCAL AGREEMENT Between BROWARD COUNTY and CITY OF DANIA Providing for DISTRIBUTION OF THE PROCEEDS OF THE LOCAL GOVERNMENT INFRASTRUCTURE SALES SURTAX EXHIBIT "A" INTERLOCAL AGREEMENT Between BROWARD COUNTY and CITY OF DANIA Providing for DISTRIBUTION OF THE PROCEEDS OF THE LOCAL GOVERNMENT INFRASTRUCTURE SALES SURTAX This Interlocal Agreement, is made and entered into this day of , 19 by and between: BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY, " AND CITY OF DANIA, a municipal corporation organized and existing under the laws of the state of Florida, its successors and assigns, hereinafter referred to as "CITY. " W I T N E S S E T H: WHEREAS , Section 212 . 055 ( 2) , Florida Statutes, authorizes the Board of County Commissioners to levy, for a period of up to fifteen (15) years from the date of levy, a a.. discretionary sales surtax of one percent (1%) (hereinafter referred to as the "Surtax" or the "Local Government Infrastructure Sales Surtax") ; and WHEREAS, pursuant to Section 212 . 055 (2) , Florida Statutes, the proceeds of the Surtax and any interest accrued thereto shall be expended within the COUNTY and the municipalities within the COTINTv +-- f; _, __ construct infrastructure; and allu WHEREAS, pursuant to Section 212 . 055 (2) , Florida Statutes, the Board of County Commissioners has enacted an ordinance levying the Surtax within Broward County subject to approval by a majority of the electors voting in a referendum on the Surtax; and WHEREAS, a referendum on the Surtax has been set for March 13 , 1990, at which time the electors will vote on the issue of whether the Surtax shall be levied; and WHEREAS, pursuant to Section 212 . 055 (2) , Florida Statutes, the proceeds of the Surtax may be distributed between the COUNTY and the municipalities within the COUNTY according to an interlocal agreement between the COUNTY and the municipalities within the COUNTY representing a majority of the COUNTY'S municipal population; and WHEREAS, the COUNTY and the municipalities within the COUNTY representing a majority of the COUNTY 'S municipal population wish to enter into this Interlocal Agreement to establish a method for distribution of the Surtax; NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants hereinafter set forth, COUNTY and CITY agree as follows: Section 1. Recitals. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct. Section 2. Term of Interlocal Agreement. This Interlocal Agreement shall run concurrently with the levy of the Surtax, said levy being for a period of fifteen (15) years commencing on June 1, 1990, and ending on May 31, 2005. This Interlocal Agreement shall be effective only upon voter approval of the Surtax at the March 13, 1990, referendum. Absent voter approval, this Interlocal Agreement shall be of no force and effect. Section 3. Distribution of Proceeds. (a) The Surtax shall be collected by the State of Florida Department of Revenue and distributed monthly to the COUNTY and the municipalities within the COUNTY in accordance with the terms of this Interlocal Agreement. (b) The proceeds of the Surtax shall be divided among and distributed to the COUNTY and the munir.ina_ li_r_iAc wji- ,;,, the COUNTY as follows: I - y Recipient Share of Proceeds Coconut Creek 1. 24539% Cooper City 0. 80566% Coral Springs 3. 40230% Dania 0. 63046% -2- _J Davie 1. 93945% Deerfield Beach 2 . 30474% Fort Lauderdale 6. 94302% Hallandale 1.76803% Hillsboro Beach 0. 07329% Hollywood 5. 82522% Lauderdale-By-The-Sea 0. 12136% Lauderdale Lakes 1. 28548% Lauderhill 2 . 07630% Lazy Lake 0. 00147% Lighthouse Point 0. 52426% Margate 1. 96628% y Miramar 1. 81246% North Lauderdale 1. 23806% Oakland Park 1. 19261% Parkland 0. 11781% Pembroke Park 0.29246% Pembroke Pines 2 . 80420% Plantation 3 . 04540% Pompano Beach 3 . 28094% Sea Ranch Lakes 0. 02581% Sunrise 2 . 72833% Tamarac 1. 98204% Wilton Manors 0. 56717% Broward County 50. 00000% TOTAL 100. 00000% -3- (c) The division of proceeds established in Section 3 (b) herein is based on the following formula: County's share = 50% n of Municipalityls share = Populati municipaliteach Tota popu ation - 100 x 50% of incorporated area (d) For the purposes of this Interlocal Agreement, the following population figures are hereby agreed upon: Recipient Population Coconut Creek 27, 019 Cooper City 17, 479 Coral Springs Dania 73 , 814 Davie 13 , 678 42, 077 Deerfield Beach 50, 002 Fort Lauderdale 150, 631 Hallandale 38, 358 Hillsboro Beach Hollywood 1, 590 126, 380 Lauderdale-By-The-Sea "`•� 2, 633 Lauderdale Lakes Lauderhill 27, 889 45, 046 Lazy Lake 32 �"-•�� +•- i vllll Margate 11, 374 Miramar 42, 659 39, 322 North Lauderdale Oakland Park 26, 860 25, 874 -4- Parkland 2 , 556 Pembroke Park 6, 345 Pembroke Pines 60, 838 Plantation 66, 071 Pompano Beach 71, 181 Sea Ranch Lakes 560 Sunrise 59, 192 Tamarac 43, 001 Wilton Manors 12 , 305 TOTAL INCORPORATED 1, 084, 766 Unincorporated Broward County 157 , 682 TOTAL COUNTY POPULATION 1, 242,448 The population figures set forth 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 Economic and Business Research, Population Division, University of Florida. The population figures to be utilized in the formula set forth in Paragraph 3 (c) herein shall be automatically adjusted annually by the COUNTY based on the current population figures published by the Bureau of Economic and Business Research, Population Division, --y^-�' University of Florida. Such annual adjustment shall be determined as of June 1 of each year during which this Interlocal Agreement is in effect, at which time the COUNTY shall provide the CITY with written notice of the annually adjusted population and distribution figures. Section 4. Counterparts. This is one of several agreements between the COUNTY and the municipalities representing a majority of the COUNTY 'S municipal population, providing the same terms for the division and distribution of the proceeds of the Surtax. All such agreements shall be deemed one Interlocal Agreement for the purposes of Section 212 . 055 (2) (c) l. , Florida Statutes. -5- Section 5. Use of Proceeds. COUNTY and CITY agree that the proceeds of the Surtax and any interest accrued thereto shall be expended within the COUNTY and the CITY only to provide infrastructure in accordance with Section 212 . 055 (2) , Florida Statutes, as may be amended from time to time. Section 6. SeverabilitV- If any provision of this Interlocal Agreement is held invalid, the invalidity shall not affect other provisions of the Interlocal Agreement which can be given effect without the invalid provision or application, and to this end, the provisions of the Interlocal Agreement are severable. Section 7. Amendments to Interlocal Agreement. No modification, amendment or alteration of the terms or conditions contained in this Interlocal Agreement shall be effective unless contained in a written document executed with the same formality and of equal dignity hereto. Section 8. Conditions Precedent. This Interlocal Agreement shall take effect only upon: ( 1) execution by the COUNTY and those municipalities representing a majority of the COUNTY' S municipal population; and (2) approval by a majority of the electors in the County voting in the March 13 , 1990, referendum on the Surtax. IN WITNESS WHEREOF, the parties have made and executed this Interlocal Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS , signing by and through its Chairman, authorized to execute same by Board action on the day of 19 and CITY OF DANIA, signing by and through its duly authorized to execute same. COUNTY ATTEST: BRO14ARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and By SCOTT I . CO{4AN, Chairman Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida 19 day of -6- INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA PROVIDING FOR DISTRIBUTION OF THE PROCEEDS OF THE LOCAL GOVERNMENT INFRASTRUCTURE SALES SURTAX Approved as to form by Office of County Attorney Broward County, Florida JOHN J. COPELAN, JR. , County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (305) 357-7600 Telecopier: (305) 357-7641 By ANDREA KARNS HOFFMAN Assistant County Attorney CITY WITNESSES: CITY OF DANIA By Mayor-Commissioner •^ day of 19 ATTEST: City Clerk (SEAL) APPROVED AS TO FORM: By AKH:sc City Attorney interloc.aol 12/15/89 #89-318 -7-