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Home My WebLink AboutR-2013-051 Approved 2013 Amendment to Interlocal Agreement with BC for Division & Distribution of the Proceeds from Local Option Gas Tax on Motor Fuel for Transit Ordinance RESOLUTION NO. 2013-051 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2013 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 2013 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 14, 2013. ATTEST: LOUISE STILSON, CMd WAITER B. DUKE, III CITY CLERK MAYOR APPROVED AS T F AND CORRECTNESS: o�°P Nsrc�ry , THOMA J. SB O CITY ATTOINEY 2013 AMENDMENT to INTERLOCAL AGREEMENT between BROWARD COUNTY and CITY OF DANIA BEACH, FLORIDA providing for DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE This 2013 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 The CITY OF DANIA BEACH, FLORIDA, 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 the 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 FY14 Percent Recipient Share of Proceeds Coconut Creek 1.557920% Cooper City 0.889814% Coral Springs 3.585001% 2 RESOLUTION#2013-051 Dania 0.872953% Davie 2.713217% Deerfield Beach 2.206446% Fort Lauderdale 4.927290% Hallandale 1.102610% Hillsboro Beach 0.055230% Hollywood 4.160472% Lauderdale-by-the-Sea 0.178401% Lauderdale Lakes 0.969240% Lauderhill 1.958964% Lazy Lake 0.000728% Lighthouse Point 0.304465% Margate 1.610607% Miramar 3.608291% North Lauderdale 1.235190% Oakland Park 1.227914% Parkland 0.726814% Pembroke Park 0.178343% Pembroke Pines 4.515053% Plantation 2.485313% Pompano Beach 2.987642% Sea Ranch Lakes 0.019579% Southwest Ranches 0.215805% Sunrise 2.517604% Tamarac 1.785531% Weston 1.912530% West Park 0.413932% Wilton Manors 0.347101% 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: 3 RESOLUTION#2013-051 Recipient FY14 Population Coconut Creek 53,313 Cooper City 30,450 Coral Springs 122,681 Dania 29,873 Davie 92,848 Deerfield Beach 75,506 Fort Lauderdale 168,615 Hallandale 37,732 Hillsboro Beach 1,890 Hollywood 142,374 Lauderdale-by-the-Sea 6,105 Lauderdale Lakes 33,168 Lauderhill 67,037 -Lazy Lake 25 -Lighthouse Point 10,419 Margate 55,116 Miramar 123,478 North Lauderdale 42,269 Oakland Park 42,020 Parkland 24,872 Pembroke Park 6,103 Pembroke Pines 154,508 Plantation 85,049 Pompano Beach 102,239 Sea Ranch Lakes 670 4 RESOLUTION#2013-051 FY14 Recipient Population Southwest Ranches 7,385 Sunrise 86,154 Tamarac 61,102 Weston 65,448 West Park 14,165 Wilton Manors 11,878 Total Incorporated 1,754,492 Unincorporated Area 16,607 Total County 1,771,099 3. This 2013 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 2013 Amendment to Interlocal Agreement or a portion of this 2013 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 the 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 2013 Amendment and the Interlocal Agreement, as previously amended, the parties hereby agree that this document shall control. 6. This 2013 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#2013-051 IN WITNESS WHEREOF, the parties have made and executed this 2013 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 MUNICIPALITY, signing by and through its CITY MANAGER, duly authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, by and through its Board of County Commissioners Broward County Administrator, as By Ex-Officio Clerk of the Broward County Mayor Board of County Commissioners day of , 20_ Approved as to form by Joni Armstrong Coffey Broward 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 (Date) Assistant County Attorney 6 RESOLUTION#2013-051 2013 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE MUNICIPALITY U LITY WITNESSES: CITY OF DANIA BEACH, FLORIDA, a Municipal corporation By WALTER B. DUKE, III, MAYOR day of , 2013. ATTEST: By By LOUISE STILSON, CMC ROBERT BALDWIN CITY CLERK CITY MANAGER day of , 2013. (CORPORATE SEAL) APPROVED AS TO FORM: By THOMAS J. ANSBRO CITY ATTORNEY 7 RESOLUTION#2013-051