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Home My WebLink AboutR-2008-069 3 Cents Gas Tax RESOLUTION NO. 2008-069 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 OF THE LOCAL OPTION GAS TAX (THREE CENTS) IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE; PROVIDING FOR CONFLICTS; 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 Local Option Gas Tax (three cents) imposed by the Broward County Local Option Gas Tax Ordinance, in substantial form as Exhibit "A", attached, is approved and the appropriate City officials are authorized to execute same. 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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. ATTEST: LOUISE STI SON,CMC ALBERT C. JONES CITY CLERK MAYOR-COMMISSIONER APPROVED AS O FORM AND CORRECTNESS: BY: J TH M S J. NSBRO 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 ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE 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." 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 MUNICIPALITY agree as follows: 1. Paragraph 2 of the Interlocal Agreement, as previously amended, is hereby amended to read as follows: 2. Forty-eight and Seventy-three One-hundredths percent (48.73%) 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 Fifty-one and Twenty- seven One-hundredths percent (51.27%) of the total proceeds shall be divided among and distributed to the eligible municipalities within the COUNTY as follows: Population of Individual Municipality x 51.27% _ Total Incorporated Area Population 2 RESOLUTION#2008-069 FY 2009 Percent Recipient Share of Proceeds Coconut Creek 1.410921% Cooper City 0.875669% Coral Springs 3.797988% Dania 0.864108% Davie 2.734448% Deerfield Beach 2.219361% Fort Lauderdale 5.267387% Hallandale 1.117832% Hillsboro Beach 0.065063% Hollywood 4.183652% Lauderdale-by-the-Sea 0.181344% Lauderdale Lakes 0.945765% Lauderhill 1.880789% Lazy Lake 0.001200% Lighthouse Point 0.320894% Margate 1.629085% Miramar 3.269379% North Lauderdale 1.237128% Oakland Park 1.231626% Parkland 0.677935% Pembroke Park 0.170281% Pembroke Pines 4.474722% Plantation 2.497992% Pompano Beach 2.959812% Sea Ranch Lakes 0.021424% Southwest Ranches 0.247636% Sunrise 2.623376% Tamarac 1.758010% Weston 1.821434% West Park 0.407703% Wilton Manors 0.376036% Total Incorporated 51.270000% 3 RESOLUTION#2008-069 2. Paragraph 3 of the Interlocal Agreement, as previously amended, is hereby amended to read: 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. The population figures to be utilized in the formula described in Paragraph 2 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 "Florida Estimates of Population." For the purpose of this Agreement, the following population figures are hereby agreed upon: 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 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 4 RESOLUTION #2008-069 FY 2009 Recipient Population 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. 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. 4. In the event this 2008 Amendment to Interlocal Agreement or a portion of this 2008 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. 5. 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 Agreement and/or any prior Amendment to the Agreement, the parties hereby agree that this document shall control. 6. 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#2008-069 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 RESOLUTION #2008-069 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 ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL 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 GASTAX3_2008.doce M unicipality» 7 RESOLUTION#2008-069