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Home My WebLink AboutR-1991-138 Yi RESOLUTION NO. 138-91 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THAT CERTAIN INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA FOR PROVIDING FOR REDISTRIBUTION OF CERTAIN REVENUES RECEIVED FROM THE STATE FOR THE DANIA ANNEXATION AREA; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1. That that certain Interlocal Agreement between Broward County and the City of Dania Providing for Redistribution 4ry of Certain Revenues Received from the State for the Dania may: Annexation Area, a copy of which is attached hereto as Exhibit 1' "A", be and the same is hereby approved, and the appropriate city ( officials are hereby directed to execute same. :w Section 2. That this resolution shall be in force and take eff ect immediate) u its Y on p passage and adoption. PASSED and ADOPTED this 19th day of November , 1991. I ATTEST: MAYOR - COMMISSIONER'CITY CLERK - AUDITOR APPROVED AS TO FORM AND CORRECTNESS: FRANK C. ADLER, City Attorney Resolution No. 138-91 t ,. 14 ' 4i Y Poablt'"brand tax transmittai memo 7671 da„aees0 Fran ` 7u _ n ca Co.r I 7 UlPt• Ph? FOX# Fax M Z d/ '. INTERLOCAL AGREEMENT i Between BROWARD COUNTY " i and CITY OF DANIA Providing for REDISTRIBUTION OF CERTAIN REVENUES RECEIVED FROM THE STATE FOR THE DANIA ANNEXATION AREA EXHIBIT "A" INTERLOCAL AGREEMENT � j f R it Between BROWARD COUNTY and CITY OF DANIA Providing for REDISTRIBUTION OF CERTAIN REVENUES RECEIVED FROM THE STATE FOR THE DANIA ANNEXATION AREA ";. This is an Interlocal Agreement, made and entered into by and between: BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY, " �I AND 'I CITY OF DANIA, a Florida municipal corporation, hereinafter referred to as "CITY. " WHEREAS, it is the purpose and intent of this Agreement, the :c parties hereto, and the Florida Interlocal Cooperation Act of 1969, as amended, codified as Section 163 . 01, Florida Statutes, to permit COUNTY and CITY to make the most efficient use of their respective powers, resources, and capabilities by enabling them to cooperate on the basis of mutual advantage and thereby accomplish the objectives provided for herein in a manner that will best accord with the existing resources available to each of them and with the needs and developments within their respective jurisdictions; and ! WHEREAS, the COUNTY is authorized by virtue of Section 125. 01(p) , Florida Statutes, to enter into agreements with other governmental agencies within or outside the boundaries of the COUNTY for joint performance, or performance by one unit on behalf of the other, of any of either agency' s authorized functions; and 1 WHEREAS, pursuant to House Bill 3555, the City of Dania placed a referendum question on the ballot November 6, 1990, to determine whether those citizens residing in the "Dania Annexation Area" desire to be annexed into the City of Dania as of January 1, 1991; and WHEREAS, a majority of the citizens voted in favor of the referendum question for annexation, and CITY must now make -1- 1 4 L + Yi arrangements to provide for the delivery of certain essential and necessary governmental services to the Dania Annexation Area; and WHEREAS, CITY is desirous of contracting with COUNTY to redistribute certain state revenues from the COUNTY to the CITY for the Dania Annexation Area which would have been distributed to the CITY if the population formulas were updated; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, COUNTY and CITY agree as follows: ARTS CLEF. 1 BA�KGROUND_L PURPOSE AND INTENT 1. 1 The above recitals are true and correct and incorporated herein as if set forth in full herein. \v; 1. 2 It is the purpose and intent of this Agreement for COUNTY and CITY, pursuant to Section 163 . 01, Florida Statutes, to cooperate and provide for a means by which each governmental entity may exercise its respective powers, privileges, and i authorities which they share in common and which each might ? exercise separately in order to further a common goal. y � ARTICLE 2 h TERM 2 . 1 This Agreement shall commence and be effective upon execution by both parties and terminate July 1, 1992 . &TLtI 1 CLE 3 pANIA AN AREA 3 . 1 The "Dania Annexation Area" is defined to mean the area of land which was the subject matter of the voter annexation referendum of November 6, 1990, affecting the City of Dania annexing certain lands into the City of Dania effective January 1, 1991, and is more particularly described on Exhibit "A, " attached hereto and made a part hereof. -2- 1 t . ARriCJ,! a REDISTRII3UTTON OF_ CER U f)� OM HF, 8 TAJN kEVFNES RECFIVER TTVI'E 4 . 1 COUNTY aarees to reimburse CITY for the actual revenues distributed to the COUNTY from the state which are greater than the amount COUNTY budgeted and that CITY would have received from the state revenue sharing and the half-cent sales tax distribution, had the state recalculated such distribution based on the new population figures which includes the Dania Annexation Area. 4 .2 The State Department of Revenue has estimated that the full year loss of the half-cent sales tax and state revenue sharing funds to the CITY due to the use of the 1990 population estimates is $152 , 667 , 00. The State Department of Revenue has notified the COUNTY that the population formulas will be revised by July 1992, the third quarter of the Fiscal Year 1992 . Notwithstanding Section 4 . 1 above, COUNTY agrees to ,,. redistribute such state revenues in a maximum amount not to k: exceed $114 , 500.00, which represents three quarters of the $1520667 . 00. 4 .3 If such population formulas are updated either before July 1992 or after such date, the maximum amount not to exceed set forth in Section 4 . 2 above shall be adjusted proportionately to equal the number of months during Fiscal Year 1992 the CITY received such revenues based on the adjusted population formulas. 4 .4 Unless adjusted pursuant to Section 4 . 3 above, the COUNTY shall disburse actual revenues received from the state which exceed the amount budgeted by COUNTY from the state half-cent sales tax and state revenue sharing in the following manner: I An amount not to exceed $38 , 167 . 00 on December 31, 1991; and An amount not to exceed $38, 167 . 00 on March 31, 1992i and An amount not to exceed $38 , 167 . 00 on June 30, 1992 . ARTICLE 5 NOTI Whenever either party desires to give notice to the other, it must be given by written notice, sent by registered mail., return -3- I , 4i r receipt requested, hand delivery or by an erpre (e.g. Federal Express, Purolator, etc. ) with written evidence confirming delivery. The place for giving written notice shall remain as specified herein until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice: For Broward Coanty: county Administrator 115 South Andrews Ave. Ft. Lauderdale, FL 33301 With a copy sent to the county Attorney at the same address. For the city of Dania: City Manager 100 W. Dania Beach Blvd. Dania, FL 33304 I. v o With a copy sent to the City Attorney at the same address. ARTICLE 6 i i i_SC ELLANEOUS P$OVISIO1d5 6. 1 Succession of Agreement, This Agreement and the rights and obligations contained herein shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 6. 2 EXecution Dgtg, The date of the execution of this Agreement shall mean the last day upon which it becomes fully executed by COUNTY and CITY. 6.3 Joint Prep ration. The preparation of this Agreement has been a joint effort of the parties and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 6. 4 No waiver. No waiver of any provision of this Agreement shall be effective unless it is in writing, signed by the party -4- iy ;erted) and any such ,gritten waiver shall livable to the specific instance to which it against whom it i�; or future only be app l not be deemed to be as continuing relates and ::hal waiver• cement may be executed in one or more 6.5 notlY°'rts' each Of shall be deemed to be an original counterpart, constitute one and the same Agreement. but all of which shall This Agreement shall inure to the bene 6. 6 Rini ding Pffect. �l on the parties and their respective and shall be binding p successors, and assigns. heirs, personal representatives, All this Agreement, terms and words used shall be 6,7 ender. umber and gender which used, regardless of the n other gender or number as the context or deemed to include any use thereof may require. odification. This Agreement constitutes 6. 8 �^_ reement an and agreement between the parties any Fntire Aq_— altered, or modified except by an , the entire understanding artier against whom '+ may not be changed, signed by all p instrument in writing, ht, In the event any 3 " provision of this Agree enito be hillegal dore otherwis ned e enforcement of such change would be sou term or p approP judicial authority its nearest legs l riate j given authority such provision shall be 9 such invalid, or be construed or deleted as shall be meaning and the remainder of this Agreement determines, force and effect. construed to be in full shall be construed and 'his Agreement 6 9 Gpyernin to the laws of the state of Florida, and interpreted according any litigation shall be Broward County, venue with respect i Florida. the parties have made and executed natures IN WITNESS WHEREOF, dates under each signature". gning Inter N WI Agreement on the respectiveCOMISSIONERS, Board BROWARauthorized to execute same F InterlD COUNTY through its BOARD OF COUNTY and CITY b DANIA, by and through its Chair, —_ - Iy_, day of duly authorized to execute action on the — signing by and through its _______- —' same. w 1. i 4- r • 1 INTERLOCAL AGREEMENT BE,i'WEEN BROWAkD COUNTY AND CIT7 „r PROVIDING FOR REDISTRIBUTION OF CERTAI14 REVENUES RECEIVED FROM ':ItE STATE FOR THE DANIA ANNEXATION AREA ('QT,TNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and By__A Ex-Off.icio Clerk of the LORI NANCE PARRISH, Chalr Board of County Commissioners of Broward County, Florida J� day of Approved as to form by 1' office of County Attorney Broward County, Florida JOHN J . COPELAN, JR. , County Attorney Governmental Center, Suite 423 115 South Andrews Avenue 3 ' Fort Lauderdale, Florida 33301 Telephone: (305) 357-7600 Telecopier: (305) 357-7641 L�r-3 G. 6mith Assistant County Attorney i -fi- t YJ I y' '•._1t1:cN_N'P BETWEEN BROWARD COUNTY AND CITY OF DANIA ::i.• i�OH x MTSTRIBUTION OF CERTAIN REVENUES RECEIVED FROM THE :; rrcrt; FOR THE DANIA ANNEXATION AREA WITNESSES: CITY OF DANIA By W ---- - Mayor-Commissioner day of --__—' 19 -- ATTEST: City Clerk _ City Manager a � (SEAL) APPROVED AS TO FORM: By — — C3ty Attorney Los dania.a03 11/7/91 #91-327 i -7- l [ �. -, r I i