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Home My WebLink AboutR-2009-084 Local Option Gas Tax 6 Cent RESOLUTION NO. 2009-084 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2009 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 2009 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 12, 2009. �PAp'S FIRST or AT EST: n l�w�t- LOUISE STILSON, CMC ANNE CASTRO CITY CLERK MAYOR-COMMISSIONER APPrD AS T91 FO AND CORRECTNESS: THOMAS J. CITY ATTORNEY 2009 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 This is the 2009 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 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 2 RESOLUTION#2009-084 336.025(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 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% _ 3 RESOLUTION#2009-084 Total Incorporated Area Population FY 2010 Percent Recipient Share of Proceeds Coconut Creek 1.035225% Cooper City 0.646013% Coral Springs 2.769521% Dania 0.610592% Davie 1.980681% Deerfield Beach 1.572975% Fort Lauderdale 3.875139% Hallandale 0.821254% Hillsboro Beach 0.047773% Hollywood 3.075451% Lauderdale-by-the-Sea 0.125706% Lauderdale Lakes 0.692026% Lauderhill 1.388412% Lazy Lake 0.000881% Lighthouse Point 0.236719% Margate 1.163830% Miramar 2.420157% 0.908359% North Lauderdale FY 2010 Percent Recipient Share of Proceeds Oakland Park 0.907371% Parkland 0.511995% Pembroke Park 0.132343% Pembroke Pines 3.259649% Plantation 1.840648% Pompano Beach 2.149327% Sea Ranch Lakes 0.015681% Southwest Ranches 0.182351% Sunrise 1.935013% Tamarac 1.285734% Weston 1.333701% West Park 0.297746% Wilton Manors 0.277727% Total Incorporated 37.500000% 4 RESOLUTION#2009-094 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 2010 Recipient Population Coconut Creek 48,193 Cooper City 30,074 Coral Springs 128,930 Dania 28,425 Davie 92,207 Deerfield Beach 73,227 Fort Lauderdale 180,400 Hallandale 38,232 Hillsboro Beach 2,224 Hollywood 143,172 Lauderdale-by-the-Sea 5,852 Lauderdale Lakes 32,216 Lauderhill 64,635 Lazy Lake 41 Lighthouse Point 11,020 FY 2010 Recipient Population Margate 54,180 Miramar 112,666 North Lauderdale 42,287 Oakland Park 42,241 Parkland 23,835 Pembroke Park 6,161 Pembroke Pines 151,747 Plantation 85,688 Pompano Beach 100,058 Sea Ranch Lakes 730 Southwest Ranches 8,489 Sunrise 90,081 Tamarac 59,855 5 RESOLUTION#2009-084 Weston 62,088 West Park 13,861 Wilton Manors 12,929 Total Incorporated 1,745,744 Unincorporated Area 12,750 Total County 1,758,494 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 2009 Amendment and the prior amendments, the parties hereby agree that this document shall control. 4. This 2009 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 2009 Amendment prior to June 1, 2009. 5. This 2009 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 2009 Amendment is found by a court of competent jurisdiction to be invalid, the remaining portions shall continue to be effective. 6 RESOLUTION #2009-084 IN WITNESS WHEREOF, the parties have made and executed this 2009 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 Dated on 2009. 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 7 RESOLUTION#2009-084 2009 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF 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: CITY OF DANIA BEACH By Signature Anne Castro, Mayor-Commissioner PRINT Name Signature Dated on 2009. PRINT Name ATTEST: By Louise Stilson, CMC Robert Baldwin, Municipal Manager Municipal Clerk Dated on 2009. (CORPORATE SEAL) APPROVED AS TO FORM: Thomas J. Ansbro, Municipal Attorney AAD:dmv 4/14/2009 GASTAX6_2009.doc<<Municipaliry» 8 RESOLUTION 42009-084