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Home My WebLink AboutR-2014-040 Approved Execution of the 2014 Amendment to ILA for Division & Distribution of the Proceeds from the BC Additional 3 Cent Local Option Gas Tax on Motor Fuel Ordinance RESOLUTION NO. 2014-040 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING EXECUTION BY THE PROPER CITY OFFICIALS OF THE 2014 AMENDMENT TO AN INTERLOCAL AGREEMENT EXISTING BETWEEN BROWARD COUNTY, FLORIDA AND THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL THREE (3) CENT LOCAL OPTION GAS TAX ON MOTOR FUEL 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 2014 Amendment to the Interlocal Agreement existing between Broward County, Florida and the City of Dania Beach, Florida, providing for Division and Distribution of the Proceeds from the Broward County Additional Three (3) Cent Local Option Gas Tax on Motor Fuel Ordinance, in substantial form as Exhibit "A", attached, is approved and the proper City officials are authorized to execute it. Section 2. That the City Manager and City Attorney are authorized to make minor revisions to the 2014 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 27, 2014. ATTEST: LOUISE STILSON, CMC WXUER B. DUKE,III CITY CLERK MAYOR APPROVED S T F RM AND CORREC::�s . 1 TH6MXsJ. I S RO CITY ATT RNEY 2014 AMENDMENT to i INTERLOCAL AGREEMENT I 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 (3) ON MOTOR FUEL ORDINANCE This 2014 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 "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 FYI Percent Recipient Share of Proceeds Coconut Creek 1.557870% Cooper City 0.930846% Coral springs 3.562625% 2 RESOLUTION#2014-040 Dania 0.875724% Davie 2.711174% Deerfield Beach 2.196769% Fort Lauderdale 4.926076% Hallandale 1.112028% Hillsboro Beach 0.054601% Hollywood 4.169198% Lauderdale-by-the-Sea 0.177705% Lauderdale Lakes 0.965200% Lauderhill 1.939321% Lazy Lake 0.000724% Lighthouse Point 0.301274% Margate 1.600218% Miramar 3.667626% North Lauderdale 1.225603% Oakland Park 1.225284% Parkland 0.740830% Pembroke Park 0.179617% Pembroke Pines 4.506071% Plantation 2.476463% Pompano Beach 2.988956% Sea Ranch Lakes 0.019494% Southwest Ranches 0.214231% Sunrise 2.510904% Tamarac 1.770102% Weston 1.902389% West Park 0.413806% Wilton Manors 0.347271% 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#2014-040 Recipient FYI Population Coconut Creek 53,783 Cooper City 32,136 Coral S Hn s 122,994 Dania 30,233 Davie 93,599 Deerfield Beach 75,840 Fort Lauderdale 170,065 Hallandale 38,391 Hillsboro Beach 1,885 Hollywood 143,935 Lauderdale-by-the-Sea 6,135 Lauderdale Lakes 33,322 Lauderhill 66,952 Lazy Lake 25 -Lighthouse Point 10,401 Margate 55,245 Miramar 126,619 North Lauderdale 42,312 Oakland Park 42,301 Parkland 25,576 Pembroke Park 6,201 Pembroke Pines 155,565 Plantation 85,496 -Pompano Beach 103,189 Sea Ranch Lakes 673 4 RESOLUTION#2014-040 FY15 Recipient Population Southwest Ranches 7,396 Sunrise 86,685 Tamarac 61,110 Weston 65,677 West Park 14,286 Wilton Manors 11,989 Total Incorporated 1,770,016 Unincorporated Area 14,699 Total County 1,784,715 3. This 2014 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 2014 Amendment to Interlocal Agreement or a portion of this 2014 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 elect 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 2014 Amendment and the Interlocal Agreement, as previously amended, the parties hereby agree that this document shall control. 6. This 2014 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#2014-040 IN WITNESS WHEREOF, the parties have made and executed this 2014 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, WALTER B. DUKE, III, who 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 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 Angela J. Wallace (Date) Deputy County Attorney RESOLUTION#2014-040 2014 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND MUNICIPALITY 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 Signature WALTER B. DUKE, III MAYOR day of , 2014. Signature ATTEST: By LOUISE STILSON, CMC ROBERT BALDWIN CITY CLERK CITY MANAGER day of (CORPORATE SEAL) APPROVED AS TO LEGAL FORM AND SUFFICIENCY: THOMAS J. ANSBRO CITY ATTORNEY 7 RESOLUTION#2014-040