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Home My WebLink AboutR-2011-045 Local Option Gas Tax 5 Cents RESOLUTION NO. 2011-045 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2011 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 FOR TRANSIT 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 2011 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 for Transit 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 24, 2011. ATTEST: �o�A�s F► Tc,�f LOUISE STILSON, CMC PATRICIA A. FLURY CITY CLERK MAYOR APPROVp AS TO CORRECTNESS: THOMAS J. AXSBRO CITY ATTORNEY 2011 AMENDMENT to INTERLOCAL AGREEMENT between BROWARD COUNTY and CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation 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 2011 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, FLORIDA, a Florida 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 fifth-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 #2011-045 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, as previously amended, 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 2012 FY 2012 Percent Recipient Population Share of Proceeds Coconut Creek 52,909 0.794379% Cooper City 28,547 0.428607% Coral Springs 121,096 1.818144% Dania Beach 29,639 0.445002% Davie 91,992 1.381174% Deerfield Beach 75,018 1.126325% Fort Lauderdale 165,521 2.485144% Hallandale 37,113 0.557217% Hillsboro Beach 1,875 0.028151% Hollywood 140,768 2.113501% Lauderdale-by-the-Sea 6,056 0.090925% Lauderdale Lakes 32,593 0.489354% Lauderhill 66,887 1.004246% Lazy Lake 24 0.000362% Lighthouse Point 10,344 0.155306% Margate 53,2841 0.800010% Miramar 122,041 1.832332% 3 RESOLUTION#2011-045 North Lauderdale 41,023 0.615922% FY 2012 FY 2012 Percent Recipient Population Share of Proceeds Oakland Park 41,363 0.621027% Parkland 23,962 0.359767% Pembroke Park 6,102 0.091615% Pembroke Pines 154,750 2.323427% Plantation 84,955 1.275520% Pompano Beach 99,845 1.499080% Sea Ranch Lakes 670 0.010059% Southwest Ranches 7,345 0.110278% Sunrise 84,439 1.267773% Tamarac 60,427 0.907255% Weston 65,333 0.980915% West Park 14,156 0.212539% Wilton Manors 11,632 0.174644% Total incorporated 1,731,709 26.000000% Unincorporated Area 16,357 Total County1,748,066 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 2011 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. 3. In the event this 2011 Amendment to Interlocal Agreement or a portion of this 2011 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 4 RESOLUTION#2011-045 Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 4. Except to the extent amended, the Interlocal Agreement shall remain in full force and effect. In the event of any conflict between the terms of this 2011 Amendment and the Interlocal Agreement, as previously amended, the parties hereby agree that this document shall control. 5. This 2011 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#2011-045 IN WITNESS WHEREOF, the parties have made and executed this 2011 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 the CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation, 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 By Ex-Officio Clerk of the Mayor Board of County Commissioners of Broward County, Florida day of , 2011. Approved as to form by Office of County Attorney Broward County, Florida JONI ARMSTRONG COFFEY, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 By Al A. DiCalvo Assistant County Attorney 6 RESOLUTION #2011-045 2011 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH, FLORIDA, A FLORIDA MUNICIPAL CORPORATION, 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: CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation By PATRICIA A. FLURY MAYOR-COMMISSIONER day of May, 2011. ATTEST: By By LOUISE STILSON, CMC ROBERT BALDWIN CITY CLERK CITY MANAGER day of May, 2011. (CORPORATE SEAL) APPROVED AS TO FORM: By THOMAS J. ANSBRO CITY ATTORNEY 7 RESOLUTION#2011-045