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Home My WebLink AboutR-1997-085 RESOLUTION NO. 85-97 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE FOURTEENTH 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LOCAL OPTION GAS TAX ORDINANCE; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT' HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.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 Fourteenth 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 That all resolutions or parts of resolutions in conflict herewith be and the i same are hereby repealed to the extent of such conflict. I Section 3. . That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 10 DAY OF JUNE 1997.d MAl R OMMISSIONER ATT ST: I CITY CLERK-AUDITOR APPROVED AS TO FORM AND CORRECTNESS: e- 0-40, CITY ATTORNEY RESOLUTION NO. 85-97 J FOURTEENTH 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 I i i i EXHIBIT Al ' yy FOURTEENTH 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 Fourteenth 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." i WHEREAS, Section 336.025(1)(b), 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: i 4. Paragraph 2 of the Interlocal Agreement, as amended by the Addendum thereto and the Fourteenth Amendment to Interlocal Agreement, is amended to read as follows: 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 Recipients Share of Proceeds Coconut Creek 1.048953% Cooper City 0.841095% Coral Springs 2.994019% Dania 0.526178% Davie 1.804346% Deerfield Beach 1.487819% Fort Lauderdale 4.561524% Hallandale 0.955687% Hillsboro Beach 0.053256% Hollywood 3.818405% Lauderdale- by- the- Sea 0.091139% Lauderdale Lakes 0.846350% Lauderhill 1.519597% Lazy Lake 0.001215% Lighthouse Point 0.318076% Margate 1.463333% Miramar 1.412356% North Lauderdale 0.831009% Oakland Park 0.855009% i 2- I Parkland 0.315281% Pembroke Park 0.150350% Pembroke Pines 2.866454% Plantation 2.315638% Pompano Beach 2.256337% Sea Ranch Lakes 0.018805% Sunrise 2.271376% Tamarac 1.520539% Weston 0.744760% Wilton Manors 0.361094% Total Incorporated 38.250000% 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, except for the population figure for the City of Weston which is furnished by Broward County Department of Strategic Planning. In accordance with the population figures, paragraph 3, of the lnterlocal Agreement, as amended by the Addendum thereto and the Fourteenth Amendment to lnterlocal Agreement, is amended to read as follows: Recipient Population Coconut Creek 34,528 Cooper City 27,686 Coral Springs 98,553 Dania 17,320 Davie 59,393 Deerfield Beach 48,974 Fort Lauderdale 150,150 Hallandale 31,458 Hillsboro Beach 1,753 Hollywood 125,689 Lauderdale-by- the-Sea 3,000 Lauderdale Lakes 27,859 Lauderhill 50,020 Lazy Lake 40 Lighthouse Point 10,470 Margate 48,168 Miramar 46,490 North Lauderdale 27,354 Oakland Park 28,144 Parkland 10,378 -3- Pembroke Park 4,949 Pembroke Pines 94,354 Plantation 76,223 Pompano Beach 74,271 Sea Ranch Lakes 619 Sunrise 74,766 Tamarac 50,051 Weston 24,515 Wilton Manors �1 ,886 Incorporated 1, 259,061 Unincorporated 133,191 Total County 1, 392,252 3. All provisions of the Interlocal Agreement and the Addendum thereto, as amended, not in conflict with this Fourteenth Amendment shall remain in full force and effect. 4. This Fourteenth 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 Fourteenth Amendment prior to June 1, 1997. i 5. This Fourteenth 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. J -4- I 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 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 Fourteenth i 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. COUNTY 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 I J -5- FOURTEENTH 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 B y Mayor-Commissioner day of , 19_ ATTEST: City Clerk City Manager APPROVED AS TO FORM: By A.A,r+t. a aA. City Attorney i MFB:kl 4/24/97 dania GASTXI4.FRM #97-087 _J -6- i j i i i i I