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Home My WebLink AboutR-2008-068 5th Cent Gas Tax RESOLUTION NO. 2008-068 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 FIFTH CENT ADDITIONAL 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 Fifth Cent Additional 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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. A EST: mtw '0) LOUISE STILSON, CMC ALBERT C. JONES CITY CLERK MAYOR-COMMIS ONER APPROVED AS TO RUM CORRECTNESS: I BY: THOMA9 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 FROM THE BROWARD COUNTY FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT This 2008 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 DANIA BEACH, a municipal corporation, existing under the laws of the state of Florida, hereinafter referred to as "MUNICIPALITY." WHEREAS, Section 336.025(1)(b), Florida Statutes, authorizes the counties to extend the levy of the five (5) 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 13, 2000, the Board of County Commissioners enacted Ordinance No. 2000-25, effective January 1, 2001, through December 31, 2031, pursuant to Section 336.025(1)(b), Florida Statutes, extending the levy of the fifth-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; and 2 RESOLUTION#2008-068 WHEREAS, paragraph 4 of 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 and pursuant to Section 336.025(1)(b), Florida Statutes, for transportation expenditures set forth in Section 336.025(7)(a), Florida Statutes, the COUNTY and MUNICIPALITY agree as follows: 1. Paragraph 2 of the Interlocal Agreement, is hereby amended to read as follows: 2.1 Forty-eight percent (48%) of said proceeds shall be distributed to the COUNTY. The remaining Fifty-two percent (52%) shall be distributed to the eligible municipalities in the following manner: 2.1.1 Twenty-six percent (26%) shall be distributed to the eligible municipalities based on population as follows: Population of Individual CITY Total incorporated area Population X 26.0000% FY 2009 FY 2009 Percent Recipient Population Share of Proceeds Coconut Creek 48,207 0.715505% Cooper City 29,919 0.444068% Coral Springs 129,766 1.926033% Dania 29,524 0.438206% Davie 93,428 1.386691% Deerfield Beach 75,829 1.125481% Fort Lauderdale 179,971 2.671193% Hallandale 38,193 0.566874% Hillsboro Beach 2,223 0.032995% Hollywood 142,943 2.121610% Lauderdale-by-the-Sea 6,196 0.091963% Lauderdale Lakes 32,314 0.479616% Lauderhill 64,261 .953784% Lazy Lake 41 0.000609% Lighthouse Point 10,964 0.162732% Margate 55,661 0.826140% Miramar 111,705 1.657965% North Lauderdale 42,269 0,627371% 3 RESOLUTION#2008-068 FY 2009 FY 2009 Percent Recipient Population Share of Proceeds Oakland Park 42,081 0.624581% Parkland 23,163 0.343793% Pembroke Park 5,818 0.086352% Pembroke Pines 152,888 2.269217% Plantation 85,349 1.266780% Pompano Beach 101,128 1.500977% Sea Ranch Lakes 732 0.010865% Southwest Ranches 8,461 0.125581% Sunrise 89,633 1.330364% Tamarac 60,066 0.891521% Weston 62,233 0.923684% West Park 13,930 0.206754% Wilton Manors 12,848 0.190695% Total Incorporated 1,751,7441 26.000000% Unincorporated Area 13,963 Total County 1,765,707 The population figures set forth above 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 Economic and Business Research, Population Division, of the University of Florida. The population figures to be utilized in the formula described in this section, for the distribution of the Fifth Cent, shall be adjusted annually based on the current Florida Estimates of Population. 2.1.2 Twenty-six percent (26%) shall be distributed by COUNTY to the Municipalities by grant agreement for Community Shuttle Services. 2. This 2008 Amendment to 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 and Broward County have executed this Interlocal Agreement prior to June 1, 2008. 3. In the event this 2008 Amendment to Interlocal Agreement or a portion of this 2007 Amendment to Interlocal Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless COUNTY or MUNICIPALITY 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. 4 RESOLUTION#2008-068 4. All provisions of the Interlocal Agreement and any prior Amendment, not in conflict with this 2008 Amendment to Interlocal Agreement, shall remain in full force and effect. 5. This 2008 Amendment to Interlocal Agreement may be 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. [THE REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.] 5 RESOLUTION#2008-068 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 #2008-068 2008 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND DANIA BEACH, PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT 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 4/08/2008 GASTAX5_2008.doc«M unicipality» 7 RESOLUTION#2008-068