The URL can be used to link to this page

Home My WebLink AboutR-2009-085 Local Option Gas Tax 3 Cent RESOLUTION NO. 2009-085 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 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 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 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 12, 2009. AT EST: \ n LOUISE STILSON, CMC ANNE CASTRO CITY CLERK MAYOR-COMMISSIONER APPROVED T FORM AND CORRECTNESS: r 'S FlRST QO A. TH M S PAN9BRO CITY ATTORNEY -% 2009 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 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." 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 RESOLUTION #2009-085 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 FY 2010 Percent Recipient Share of Proceeds Coconut Creek 1.415359% Cooper City 0.883230% Coral Springs 3.786489% Dania 0.834802% Davie 2.707987% Deerfield Beach 2.150572% Fort Lauderdale 5.298090% Hallandale 1.122819% Hillsboro Beach 0.065316% Hollywood 4.204757% Lauderdale-by-the-Sea 0.171865% Lauderdale Lakes 0.946138% Lauderhill 1.898237% Lazy Lake 0.001204% Lighthouse Point 0.323642% Margate 1.591189% Miramar 3.308839% North Lauderdale 1.241909% Oakland Park 1.240558% Parkland 0.700000% Pembroke Park 0.180940% Pembroke Pines 4.456592% Plantation 2.516534% Pompano Beach 2.938560% Sea Ranch Lakes 0.021439% 3 RESOLUTION#2009-085 Southwest Ranches 0.249 10% o Sunrise 2.645550/o 0 Tamarac 1.757856/o Weston 1.823436% West Park 0.407078% Wilton Manors 0.379703% Total Incorporated 51.270000% 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 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 4 RESOLUTION#2009-085 Lauderdale-by-the-Sea 5,852 Lauderdale Lakes 32,216 Lauderhill 64,635 Lazy Lake 41 Lighthouse Point 11,020 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 FY 2010 Recipient Population Southwest Ranches 8,489 Sunrise 90,081 Tamarac 59,855 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. This 2009 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, 2009. 4. In the event this 2009 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 5 RESOLUTION#2009-095 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 2009 Amendment and the Agreement and/or any prior Amendment to the Agreement,the parties hereby agree that this document shall control. 6. This 2009 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.] 6 RESOLUTION #2009-085 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 day of 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#2009-095 2009 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: 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 GA STAX3_2009.doc<<Mun i cipal ity» 8 RESOLUTION #2009-085