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Home My WebLink AboutR-2008-067 Local Option Gas Tax RESOLUTION NO. 2008-067 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2008 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That that certain 2008 Amendment to the Interlocal Agreement between Broward County and the City of Dania Beach, providing for Division and Distribution of the Proceeds of the Broward County Local Option Gas Tax on Motor Fuel Ordinance, in substantial form as Exhibit "A", attached, is approved and the appropriate City officials are authorized to execute it. Section 2. That the City Manager and City Attorney are authorized to make minor revisions to the Amendment as are deemed necessary and proper for the best interests of the City. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on May 13, 2008. AT ST: / LOUISE STIL ON, CM ALBERT C. JONES CITY CLERK MAYOR-COMMISSIONER APPROVED AS TO ORI\ CORRECTNESS: BY: THbmA$ J. A14SBRO CITY ATTORNEY 2008 AMENDMENT to INTERLOCAL AGREEMENT between BROWARD COUNTY and CITY OF DANIA BEACH 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 This is the 2008 Amendment to InterlocaI Agreement, made and entered into by and between: BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY," AND DANIA BEACH, a municipal corporation, existing under the laws of the state of Florida, hereinafter referred to as "MUNICIPALITY." 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)(a), 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 the 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 2 RESOLUTION#2008-067 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 and the prior amendments, 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 MUNICIPALITY agree as follows: 1. Paragraph 2 of the Interlocal Agreement, as amended by the Addendum thereto and the prior amendments, is amended to read as follows: 2. Sixty-two and Five tenths percent (62.5%) of said Local Option Gas Tax proceeds shall be distributed to the COUNTY, and the remaining Thirty-seven and Five tenths percent (37.5%) shall be divided among and distributed to the eligible municipalities within the COUNTY as follows: Population of Individual Municipality x 37.5% _ Total Incorporated Area Population FY 2009 Percent Recipient Share of Proceeds Coconut Creek 1.031979% Cooper City 0.640482% Coral Springs 2.777932% Dania 0.632027% Davie 2.000035% Deerfield Beach 1.623289% Fort Lauderdale 3.852682% Hallandale 0.817607% Hillsboro Beach 0.047588% Hollywood 3.060015% Lauderdale-by-the-Sea 0.132639% Lauderdale Lakes 0,691753% Lauderhill 1.375650% Lazy Lake 0.000878% Lighthouse Point 0.234709% Margate 1.191548% Miramar 2.391295% North Lauderdale 0.904863% 3 RESOLUTION#2008-067 FY 2009 Percent Recipient Share of Proceeds Oakland Park 0.900838% Parkland 0.495856% Pembroke Park 0.124547% Pembroke Pines 3.272910% Plantation 1.827086% Pompano Beach 2.164871% Sea Ranch Lakes 0.015670% Southwest Ranches 0.181127% Sunrise 1.918795% Tamarac 1.285847% Weston 1.332237% West Park 0.298203% Wilton Manors 0.275042% Total Incorporated 37.500000% 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 prior amendments, is amended to read as follows: FY 2009 Recipient Population Coconut Creek 48,207 Cooper City 29,919 Coral Springs 129,766 Dania 29,524 Davie 93,428 Deerfield Beach 75,829 Fort Lauderdale 179,971 Hallandale 38,193 Hillsboro Beach 2,223 Hollywood 142,943 Lauderdale-by-the-Sea 6,196 Lauderdale Lakes 32,314 Lauderhill 64,261 Lazy Lake 41 Lighthouse Point 10,964 4 RESOLUTION#2008-067 FY 2009 Recipient Population Margate 55,661 Miramar 111,705 North Lauderdale 42,269 Oakland Park 42,081 Parkland 23,163 Pembroke Park 5,818 Pembroke Pines 152,888 Plantation 85,349 Pompano Beach 101,128 Sea Ranch Lakes 732 Southwest Ranches 8,461 Sunrise 89,633 Tamarac 60,066 Weston 62,233 West Park 13,930 Wilton Manors 12,848 Total Incorporated 1,751,744 Unincorporated Area 13,963 Total County 1,765,707 3. Except to the extent amended, the Agreement shall remain in full force and effect. In the event of any conflict between the terms of this 2008 Amendment and the prior amendments, the parties hereby agree that this document shall control. 4. This 2008 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 and Broward County have executed this 2008 Amendment prior to June 1, 2008. 5. This 2008 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. In the event a portion of this 2008 Amendment is found by a court of competent jurisdiction to be invalid, the remaining portions shall continue to be effective. 5 RESOLUTION#2008-067 IN WITNESS WHEREOF, the parties have made and executed this 2008 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 Mayor or Vice Mayor, authorized to execute same by Board action, and MUNICIPALITY, 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 Ex-Officio By Clerk of the Board of County Mayor Commissioners of Broward County, Florida day of 2008. Approved as to form by Office of County Attorney Broward County, Florida JEFFREY J. NEWTON, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-6968 By Al A. DiCalvo Assistant County Attorney 6 RESOLUTION#2008-067 2008 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND DANIA BEACH, PROVIDING FOR DIVISION AND DISTRIBUTION OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE MUNICIPALITY WITNESSES: DANIA BEACH By Albert C. Jones Mayor-Commissioner day of 2008. ATTEST: By Louise Stilson, CMC Ivan Pato Municipal Clerk Municipal Manager day of 2008. (CORPORATE SEAL) APPROVED AS TO FORM: By Thomas J. Ansbro Municipal Attorney AAD:dmv 4/08/2008 GASTAX6_2008.doc«Municipality» 7 RESOLUTION #2008-067