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Home My WebLink AboutR-1998-133 RESOLUTION NO. 133-98 A RESOLUTION OF THE CITY OF DANIA, FLORIDA APPROVING AN INTERLOCAL AGREEMENT TO BE EXECUTED BETWEEN BROWARD COUNTY AND THE CITY OF DANIA, TO PROVIDE FOR DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL ONE-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE, SUCH AGREEMENT TO PERTAIN TO FUNDING FOR THE OPERATION OF HOMELESS ASSISTANCE CENTERS, TRANSITIONAL HOUSING AND OTHER PROGRAMS BENEFITING HOMELESS PEOPLE; PROVIDING FOR AN EFFECTIVE DATE FOR THE AGREEMENT FROM JANUARY 1, 1999, TO DECEMBER 31, 2004; FURTHER, PROVIDING FOR AN EFFECTIVE DATE FOR SUCH RESOLUTION. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA, THAT: SECTION 1: That certain Interlocal Agreement between the City of Dania and Broward County, to provide for the distribution of proceeds from the Broward County Additional One-cent Local Option Gas Tax on Motor Fuel Ordinance to assist in the funding of the operation of Homeless Assistance Centers and other programs benefiting the homeless, in substantial form as Exhibit "A", attached, is approved and the appropriate City Officials are authorized to execute it. 1 SECTION 2: This Resolution shall be in force and take effect immediately upon its passage and adoption. i PASSED AND ADOPTED this 8th day of September, 1998. MAYOR— COMMISSIONER ATT ST: CITY CLERK—AUDITOR APPROVED AS TO FORM AND CORRECTNESS: By: CITY ORNEY RESOLUTION NO. 133-98 i INTERLOCAL AGREEMENT Between BROWARD COUNTY and CITY OF DANIA I � Providing for DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL ONE-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE EFFECTIVE JANUARY 1 1999 I INTERLOCAL AGREEMENT Between BROWARD COUNTY and i CITY OF DANIA Providing for DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL ONE-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE EFFECTIVE JANUARY 1. 1999 THIS AGREEMENT, made and entered into by and between: BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY," l AND CITY OF DANIA, a municipal corporation, existing under the laws of the state of Florida, hereinafter referred to as "CITY." WITNESSETH: 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 CITY agree as follows: 1. The CITY is a municipality located within Broward County, Florida, and the CITY represents that the CITY is eligible to share the proceeds from the 'Broward County Additional One-Cent Local Option Gas Tax on Motor Fuel Ordinance,"as that term is defined and imposed by Broward County pursuant to ordinance. 2. One hundred percent (100%) of the one-cent local option gas tax on motor fuel shall be distributed to the County. The COUNTY agrees that all expenditures of the proceeds from the Broward County Additional One-Cent Local Option Gas Tax on Motor Fuel Ordinance pursuant to this Interlocal Agreement shall be utilized only for transportation expenditures needed to meet the requirements of the capital t L improvements element of an adopted comprehensive plan in accordance with the provisions and requirements of Section 336.025, Florida Statutes. 3. The COUNTY shall appropriate general funds in an amount at least equal to the total proceeds received from the one-cent gas tax each year for the purpose of the Homeless Trust Fund. 4. This is one of several interlocal agreements between the COUNTY and various municipalities providing for distribution of the proceeds from the Broward County Additional One-Cent Local Option Gas Tax on Motor Fuel Ordinance. All prior agreements shall be deemed one agreement (the Interlocal Agreement) for the purposes of paragraph(1)(b)(2) of Section 336.025, Florida Statutes; however, this Interlocal Agreement for the additional one-cent local option gas tax shall remain and constitt ite a separate and distinct interlocal agreement for the expressed terms and conditions contained herein. 5. This Agreement shall be in effect from January 1, 1999, to December 31, 2004, both inclusive. 6. The 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 have executed this Interlocal Agreement prior to 1 the effective date of the one-cent tax. 7. 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. 8. 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 COUNTY and CITY. 9. 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 8 above. I 10. This Agreement may be executed in three (3) counterparts, each of which shall be 1 deemed to be an original. 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 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. COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and BY Ex-Officio Clerk of LORI NANCE PARRlSH, Chair the Board of County Commissioners of Broward 19 County, Florida — day of — Approved as to form by Office of County Attorney Broward County, Florida SHARON L. CRUZ, Interim County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 BY Mary Frances Bakke Assistant County Attorney 3 I j INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY PROVIDING FOR DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL ONE-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE EFFECTIVE JANUARY 1, 1999 CITY i WITNESSES: CITY OF DANIA By Mayor-Commissioner day of . 19_ ATTEST: By City Clerk City Manager _day of 19_ (CORPORATE SEAL) APPROVED AS TO FORM: By City Attorney MFB:sc 7/14/98 OneCent.gas #98-413 _.. I i Public Works Department 115 S. Andrews Avenue,Room 514 ~l Bi20WAkD COUNTY Fort Lauderdale,FL 33301 July 17, 1998 (954) 357-6410 • FAX (954)357-6340 Email: rbrossard@co.broward.fl.us Michael Smith, City Manager a 100 West Dania Beach Boulevard Dania, FL 33004 p ►9�; 11 Dear Mr. Smith: The Board of County Commissioners recently adopted an ordinance le �5vying a one cent oca option gas tax. The intent of the gas tax is to provide funding for operation of Homeless Assistance Centers, transitional housing and other programs benefiting homeless people. The one cent gas tax will be appropriated for transportation expenditures as required by statute. A corresponding portion of the general funds currently appropriated for transportation expenditures will then be reallocated for homeless programs. Thus, the County's capital improvements program for transportation will not be affected. The new gas tax will be effective on January 1, 1999. Florida Statutes require the local option gas tax to be divided between the County and the cities in accordance with an interlocal agreement or through a "default" formula based on the proportion each jurisdiction has spent on transportation expenditures over a ten year period. Cities representing a majority of the incorporated population must execute the interlocal agreements in order for it to be effective on January 1 st, however the interlocals must be received by the State Department of Revenue by October 1, 1998, For this reason, we are asking your municipality to have them approved, executed and returned to this Office no later than September 15th, 1998, Upon execution, please return three originals of each to: Eileen J. Steigerwald, Administrative Coordinator Broward County Public Works Department 115 South Andrews Avenue, Room 514 Fort Lauderdale, FL 33301 Once executed by our Board of County Commissioners, we will return an original 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, Lee E. Billingsley, P.E., Director Office of Transportation kures _ 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 Polfler John E.Rodshom,Jr. World Wide Web:http://www.co.broward.fl.us I I I , E C f , r Mt rv� .4