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Home My WebLink AboutR-1997-081 RESOLUTION NO. 81-97 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.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 Interlocal Agreement between Broward County and the City Of Dania providing for Division and Distribution of the Proceeds of the Broward County Additional Local Option Gas Tax on Motor Fuel 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 That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 3. .'rhat this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 27 DAYS MAY 1997, MAYOR-COMMISSIONER j ATTEST: I CITY CLERK-AUINITOR APPROVED AS TO FORM AND CORRECTNESS: CITY ATTORNEY RESOLUTION NO. 81-97 I I I i I j AMENDMENT to INTERLOCAL AGREEMENT Between BROWARD COUNTY j and CITY OF DANIA Providing for DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE ZXHIBId �s . A AMENDMENT to INTERLOCAL AGREEMENT Between BROWARD COUNTY and I CITY OF DANIa Providing for DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE THIS 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 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 receive a portion of proceeds from the "Broward County Additional Local Option Gas Tax on Motor Fuel Ordinance," as that term is defined and imposed by Broward County pursuant to ordinance. 2. Sixty-one and three-quarters percent (61.75%) of the total proceeds from the Broward County Additional Local Option Gas Tax on Motor Fuel Ordinance shall be distributed to the COUNTY and the remaining thirty-eight and a quarter percent I I i (38.25%) of the total proceeds shall be divided among and distributed to the eligible municipalities within the COUNTY as follows: I Population of Individual Municipality x 38.25% _ Total Incorporated Area Population Recipient 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% 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- 3. The population figures set out 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 Economics and Business Research, Population Division, University of Florida, with the exception of the City of Weston which was furnished by Broward County Department of Strategic Planning. The population figures to be utilized in the formula described in Paragraph 3 of this Interlocal Agreement, for the division and distribution of the proceeds from the Broward County Additional Local Option Gas Tax on Motor Fuel Ordinance, shall be adjusted annually based on the current Research, Population Division, University of Florida. Such annual adjustment shall be determined as of September 1 of each year during which this Interlocal Agreement is in effect. For the purpose of this Agreement, the following population figures are hereby agreed upon: 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 Pembroke Park 4,949 Pembroke Pines 94,354 Plantation 76,223 Pompano Beach 74,271 �� -3- Sea Ranch Lakes 619 a Sunrise 74,766 Tamarac 50,051 Weston 24,515 Wilton Manors 11.886 Incorporated 1, 259,061 Unincorporated 133,191 Total County 1, 392,252 4. This is one of several interlocal agreements between the COUNTY and various municipalities providing the same terms for the division and distribution of the proceeds from the Broward County Additional Local Option Gas Tax on Motor Fuel Ordinance. All such agreements shall be deemed one agreement (the Interlocal Agreement) for the purposes of paragraph (1)(b)(2) of Section 336.025, Florida Statutes, and the Interlocal Agreement constitutes an interlocal agreement between Broward County and municipalities located therein representing a majority of the incorporated area population within this COUNTY. 5. This Agreement shall be in effect from September 1, 1993, to December 31, 2024, both inclusive. It shall also govern the division and distribution of proceeds from the Broward County Additional Local Option Gas Tax on Motor Fuel Ordinance imposed through December 31, 2024, but not collected or otherwise not available for distribution until after December 31, 2024. 6. The COUNTY and the CITY agree that all expenditures of the proceeds from the Broward County Additional Local Option Gas Tax on Motor Fuel Ordinance, divided and distributed pursuant to this Interlocal Agreement, shall be utilized only for transportation expenditures needed to meet the requirements of the capital improvements element of an adopted comprehensive plan in accordance with the provisions and requirements of Section 336.025, Florida Statutes. 7. References herein to Section 336.025, Florida Statutes, are referenced to that section as created by Section 40 of Chapter 93-206, Laws of Florida. B. This Agreement may be executed in counterparts and each fully executed counterpart shall be deemed an original instrument. 9. This Amendment to 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 June 1, 1997. -4- 1 10. In the event COUNTY or CITIES pledge the proceeds of the Broward County Additional Local Option Gas Tax on Motor Fuel Ordinance for any bond indebtedness, the amounts distributed to the COUNTY and each CITY in accordance with the distribution formula contained in paragraph 2 herein shall not be reduced below the amount necessary for payment of principal and interest and reserves for principal and interest as required under the covenants of any bond resolution. I 11. CITY shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations related to this Agreement. 12. In the event this Agreement or a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless COUNTY or CITY elects to terminate this Agreement. The election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 13. 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. 14. 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 and CITY. i 15. 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 14 above. 16. CITY is a state agency as defined in Section 768.28, Florida Statutes, 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 state agency or political I -5- err I ! subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract. 17. CITY is a state agency as defined by Section 768.28, Florida Statutes, and CITY shall maintain liability protection in accordance with state law. 18. This Agreement may be executed in three (3) counterparts, each of which shall be deemed to be an original. IN WITNESS WHEREOF, the parties have made and executed this Amendment to the 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 i } County Administrator and By Ex-Officio Clerk of Chair the Board of County Commissioners of Broward County, Florida day of , 19_ 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 -6- J fir i . I AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE CITY WITNESSES: CITY OF DANIA By Mayor-Commissioner _ day of 9� ATTEST: BY City Clerk City Manager — day of 9� (CORPORATE SEAL) APPROVED AS TO FORM: By City Attorney MFB.Id 511197 daoia GASTX.OI.FRM 997.087 _7_ two i I i _.� I i i i i �i I ..;� �h... .. _ �