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Home My WebLink AboutR-2012-057 - Approved 2012 Amendment to Interlocal Agreement Providing for Division & Distribution of Proceeds from the Local Option Gas Tax (Six Cents) Imposed by BC Local Option Gas Tax Ordinance RESOLUTION NO. 2012-057 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2012 AMENDMENT TO THE 1NTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE LOCAL OPTION GAS TAX (SIX 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 2012 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 six (6) 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 22, 2012. ATTEST: LOUISE STILSON, CMC PATRICIA A. FLURY CITY CLERK MAYOR o�pRp'S F1 J* APPROVED AS T FORM AND CORRECTNESS: THO A4ASJYAXSBR0 CITY ATTORNEY � ` 2012 AMENDMENT to INTERLOCAL AGREEMENT between BROWARD COUNTY and CITY OF DANIA BEACH, FLORIDA 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 2012 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 municipal corporation, existing under the laws of the State of Florida, hereinafter referred to as "CITY." WHEREAS, Section 336.025(1)(a), Florida Statutes, authorizes the COUNTY to extend the levy of the six (6) cents 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 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 2 RESOLUTION#2012-057 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 CITY agree as follows: 1. Paragraph 2 of the Interlocal Agreement, as previously 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% _ Total Incorporated Area Population FY 2013 Percent Recipient Share of Proceeds Coconut Creek 1.147576% Cooper City 0.629520% Coral Springs 2.626353% Dania 0.638955% Davie 1.989470% Deerfield Beach 1.621892% Fort Lauderdale 3.588242% Hallandale 0.803746% Hillsboro Beach 0.040480% Hollywood 3.042572% Laud erdale-b -the-Sea 0.131133% Lauderdale Lakes 0.707393% Lauderhill 1.440197% Lazy Lake 0.000518% Lighthouse Point 0.224032% Margate 1.159645% Miramar 2.655088% 3 RESOLUTION#2012-057 FY 2013 Percent Recipient Share of Proceeds North Lauderdale 0.890513% Oakland Park 0.897012% Parkland 0.526583% Pembroke Park 0.131673% Pembroke Pines 3.343937% Plantation 1.828328% Pompano Beach 2.165811% Sea Ranch Lakes 0.014573% Southwest Ranches 0.158573% Sunrise 1.821593% Tamarac 1.308718% Weston 1.408418% West Park 0.303933% Wilton Manors 0.253523% Total Incorporated 37.500000% 2. Paragraph 3 of the Interlocal Agreement, as previously amended by the Addendum thereto and the prior amendments, is amended to read as follows: 3. 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. The population figures to be utilized in the formula described in Paragraph 2 of this Interlocal Agreement 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 2013 Recipient Population Coconut Creek 53,155 Cooper City 29,159 Coral Springs 121,651 Dania 29,596 Davie 92,151 Deerfield Beach 75,125 Fort Lauderdale 166,205 Hallandale 37,229 4 RESOLUTION#2012-057 FY 2013 Recipient Population Hillsboro Beach 1,875 Hollywood 140,930 Lauderdale-by-the-Sea 6,074 Lauderdale Lakes 32,766 Lauderhill 66,709 Lazy Lake 24 -Lighthouse Point 10,377 Margate 53,714 Miramar 122,982 North Lauderdale 41,248 Oakland Park 41,549 Parkland 24,391 Pembroke Park 6,099 Pembroke Pines 154,889 Plantation 84,687 -Pompano Beach 100,319 Sea Ranch Lakes 675 Southwest Ranches 7,345 Sunrise 84,375 Tamarac 60,619 Weston 65,237 West Park 14,078 Wilton Manors 11,743 Total Incorporated 1,736,976 -Unincorporated Area 16,186 Total County 1,753,162 3. This 2012 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 2012 Amendment. 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 2012 Amendment and the Interlocal Agreement, as previously amended, the parties hereby agree that this document shall control. 5 RESOLUTION#2012-057 5. This 2012 Amendment 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. 6. In the event this 2012 Amendment to Interlocal Agreement or a portion of this 2012 Amendment is found by a court of competent jurisdiction to be invalid, the remaining portions shall continue to be effective unless COUNTY or CITY 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. [THE REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.] 6 RESOLUTION#2012-057 IN WITNESS WHEREOF, the parties have made and executed this 2012 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 CITY, signing by and through its Mayor, 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 , 2012. 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 3/9/12 GASTAX5_2012.doc «Municipality» 7 RESOLUTION#2012-057 2012 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT CITY WITNESSES: CITY OF DANIA BEACH, FLORIDA, a Municipal corporation By Signature PATRICIA A. FLURY MAYOR PRINT Name day of , 2012. ATTEST: By LOUISE STILSON, CMC ROBERT BALDWIN CITY CLERK CITY MANAGER day of , 2012. (CORPORATE SEAL) APPROVED AS TO FORM: By THOMAS J. ANSBRO CITY ATTORNEY 8 RESOLUTION#2012-057