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Home My WebLink AboutR-2011-046 Local Option Gas Tax 3 Cents RESOLUTION NO. 2011-046 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 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 from the Broward County 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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: LOUISE STILSON, CMC PATRICIA FLURY CITY CLERK MAYOR APPROVED AS 0 AND CORREC y1P RST c�rf TH AS J. 0 -� CITY ATT .� 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 ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE 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." 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#2011-046 FY 2012 Percent Recipient Share of Proceeds Coconut Creek 1.566455% Cooper City 0.845179% Coral Springs 3.585240% Dania Beach 0.877510% Davie 2.723570% Deerfield Beach 2.221027% Fort Lauderdale 4.900513% Hallandale 1.098789% Hillsboro Beach 0.055512% Hollywood 4.167661% Lauderdale-by-the-Sea 0.179298% Lauderdale Lakes 0.964968% Lauderhill 1.980296% Lazy Lake 0.000710% Lighthouse Point 0.306251% Margate 1.577558% Miramar 3.613218% North Lauderdale 1.214551% Oakland Park 1.224617% Parkland 0.709434% Pembroke Park 0.180659% Pembroke Pines 4.581620% Plantation 2.515228% Pompano Beach 2.956070% Sea Ranch Lakes 0.019836% Southwest Ranches 0.217460% Sunrise 2.499951% Tamarac 1.789037% Weston 1.934287% West Park 0.419111% Wilton Manors 0,344384% 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 3 RESOLUTION#2011-046 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 2012 Recipient Population Coconut Creek 52,909 Cooper City 28,547 Coral Springs 121,096 Dania Beach 29,639 Davie 91,992 Deerfield Beach 75,018 Fort Lauderdale 165,521 Hallandale 37,113 Hillsboro Beach 1,875 Hollywood 140,768 Lauderdale-by-the-Sea 6,056 Lauderdale Lakes 32,593 Lauderhill 66,887 Lazy Lake 24 Lighthouse Point 10,344 Margate 53,284 Miramar 122,041 North Lauderdale 41,023 Oakland Park 41,363 Parkland 23,962 Pembroke Park 6,102 Pembroke Pines 154,750 Plantation 84,955 Pompano Beach 99,845 Sea Ranch Lakes 670 4 RESOLUTION#2011-046 FY 2012 Recipient Population Southwest Ranches 7,345 Sunrise 84,439 Tamarac 60,427 Weston 65,333 West Park 14,156 Wilton Manors 11,632 Total Incorporated 1,731,709 Unincorporated Area 16,357 Total County 1,748,066 3. 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. 4. 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 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 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. 6. 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#2011-046 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 GASTAX3_2011.doc«Municipality» 6 RESOLUTION#2011-046 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 ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE 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#2011-046