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Home My WebLink AboutR-1998-044 i RESOLUTION NO. 44-98 f � A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE FIFTEENTH AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; Section 1.That that certain Fifteenth Amendment to Interlocal Agreement between Broward County and the City Of Dania providing for Division and Distribution of the Proceeds of the Local Option Gas Tax Imposed by the Broward County Local Option Gas Tax 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 That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. l Section 3. . That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 24 DAY OF MARCH 1998. 1.�rvi .akti MAYOR-COMMISSIONER ATTGST: � CITY CLERK-A DITOR APPROVED A TO FORM AND CORRECTNESS: C TY RESOLUTION NO. 44-98 ... A FIFTEENTH AMENDMENT to INTERLOCAL AGREEMENT Between BROWARD COUNTY } and CITY OF DANIA 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 o FIFTEENTH AMENDMENT to INTERLOCAL AGREEMENT Between BROWARD COUNTY and CITY OF DANIA 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 Fifteenth 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 ,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 Fifteenth Amendment to Interlocal Agreement, is amended to read as follows: i 2. Sixty-one and three-quarters percent (61.75%) of said Local Option Gas Tax proceeds shall be distributed to the COUNTY, and the remaining thirty-eight and a quarter percent (38.25%) shall be divided among and distributed to the eligible municipalities within the COUNTY as follows: Population of Individual Municipality x 38.25% _ Total Incorporated Area Population i Recipients Share of Proceeds Coconut Creek 1.067295% Cooper City 0.828921% Coral Springs 3.055487% Dania 0.518907% Davie 1.835175% Deerfield Beach 1.466168% Fort Lauderdale 4.458566% Hallandale 0.934317% Hillsboro Beach 0.052283% Hollywood 3.756329% Lauderdale- by- the- Sea 0.088622% Lauderdale Lakes 0.826961% Lauderhill 1.490335% Lazy Lake 0.001069% Lighthouse Point 0.310816% Margate 1.481725% Miramar 1.486179% North Lauderdale 0.825536% Oakland Park 0.837234% -2- i r i Parkland 0.334537% Pembroke Park 0.144705% Pembroke Pines 3.091916% Plantation 2.299424% Pompano Beach 2.204270% Sea Ranch Lakes 0.018378% Sunrise 2.235889% Tamarac 1.507971% Weston 0.739556% Wilton Manors 0.351430% f Total Incorporated 38.2500000% r 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 Fifteenth Amendment to Interlocal Agreement, is amended to read as follows: Recipient Population Coconut Creek 35,949 Cooper City 27,920 Coral Springs 102,916 Dania 17,478 Davie 61,813 Deerfield Beach 49,384 Fort Lauderdale 150,175 Hallandale 31,470 Hillsboro Beach 1,761 Hollywood 126,522 Lauderdale-by- the-Sea 2,985 Lauderdale Lakes 27,854 Lauderhill 50,198 Lary Lake 36 Lighthouse Point 10,469 Margate 49,908 Miramar 50,058 North Lauderdale 27,806 Oakland Park 28,200 Parkland 11,268 Pembroke Park 4,874 -3- I Pembroke Pines 104,143 Plantation 77,450 Pompano Beach 74,245 Sea Ranch Lakes 619 Sunrise 75,310 Tamarac 50,792 Weston 24,910 Wilton Manors 11.837 Total County 1, 288,350 3. All provisions of the Interlocal Agreement and the Addendum thereto, as amended, not in conflict with this Fifteenth Amendment shall remain in full force and effect. 4. This Fifteenth 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 Fifteenth Amendment prior to June 1, 1998. 5. This Fifteenth 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. CITY is a state agency as defined in Chapter 768.28, F.S. and agrees to be fully responsible for acts and omissions of its agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a sate agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract. 7. CITY is a state agency as defined in Chapter 768.28, F.S. and shall maintain liability protection in accordance with state law. 8. CITY shall comply with all federal, state, and local laws, codes, ordinances, rules and regulations in performing its duties, responsibilities, and obligations under this Agreement. 9. In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining portions shall continue to be effective. -4- 10. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Venue for litigation concerning this Agreement shall be in Broward County, Florida. 11. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board of County I Commissioners and CITY. 12. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document in accordance with Section 11 above. IN WITNESS WHEREOF, the parties have made and executed this Fifteenth Amendment 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 19_, and CITY, signing by and through its Mayor-Commissioner, duly authorized to execute same. G UNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS By County Administrator and Chair Ex-Officio Clerk of the Board of County day of , 19_ Commissioners of Broward County, Florida -5- r _. FIFTEENTH AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE 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: (954) 357-7600 By Mary Frances Bakke Assistant County Attorney CITY WITNESSES: CITY OF DANIA I i By — Mayor-Commissioner day of , 19_ ATTEST: City Clerk City Manager APPROVED AS TO FORM: By City Attorney MFi3*1 3I6198 GASTXIS.FRM #98-087 -6- I 1 41 Public Works Department 115 S.Andrews Avenue, Room 514 Fort Lauderdale, FL 33301 BROWARD COUNTY (954)357-6410 • FAX(954) 357.6340 March 13, 1998 Email: rbrossord®co.browcrd.fl.us Michael Smith,City Manager 100 W. Dania Beach Blvd. Dania,FL 33004 ff' Re: (1)Fifteenth Amendment to lnterlocal Agreement Providing for Division 61998 and Distribution of the Proceeds of the Local Option Gas Tax II II �I (2)Amendment to lnterlocal Agreement Providing for Division and Distr bution of the Proceeds of the Additional Tax on Motor Fuel Dear Mr. Smith: l Broward County levies nine cents of local option gas tax to be distributed in accordance with two interlocal agreements. Once again,the County Attorney's Office has prepared the necessary annual amendments to the lnterlocal 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 1997 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. lnterlocal agreements with municipalities representing a majority of the incorporated population must be executed by both the municipality and Broward County Drior to tune 1. 1998. Upon execution, please return three copies 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, a Lee E. Billingsley, P.E. Director le Office of Transportation „ Enclosures Green Norman Thabit, Commission Auditor LiLights BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS—An Equal opportunity Employer and Provider of services Norman Abramowitz Scott I.Cowan Suzanne N.Gunzburger Ilene Lieberman Lori Nance Parrish Sylvia Polder John E,Rodstrom.Jr. World Wide Web:hNp://www.co.braward.fl.us L i i f f I I E i �. ,, �. �� r t :� =, _ . , . . ��