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Home My WebLink AboutR-2014-041 Approved Execution of the 2014 Amendment to an ILA for Division & Distribution of the Proceeds of the Six (6) Cent Local Option Gas Tax Ordinance RESOLUTION NO. 2014-041 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 OF THE SIX (6) CENT LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX 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 of the Six (6) Cent Local Option Gas Tax imposed by the Broward County Local Option Gas Tax Ordinance, in substantial form as Exhibit "A", attached, is approved and the appropriate 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 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 WALTER B. DUKE, III CITY CLERK MAYOR 0Q`O�p�ts APPROVED,AS TO F D CORRECTNESS: — 1 THOMAS J. ANS00 CITY ATTORNEY 2014 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 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." 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 the county which establishes the distribution formulas for dividing the proceeds of the 2 RESOLUTION#2014-041 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 MUNICIPALITY 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 FYI Percent Recipient Share of Proceeds Coconut Creek 1.139460% Cooper City 0.680841% Coral Springs 2.605782% Dania 0.640524% Davie 1.983012% Deerfield Beach 1.606765% Fort Lauderdale 3.603039% Hallandale 0.813361% Hillsboro Beach 0.039936% Hollywood 3.049443% Lauderdale-by-the-Sea 0.129978% Lauderdale Lakes 0.705968% Lauderhill 1.418462% Lazy Lake 0.000528% Lighthouse Point 0.220358% Margate 1.170434% Miramar 2.682582% 3 RESOLUTION#2014-041 FYI Percent Recipient Share of Proceeds North Lauderdale 0.896433% Oakland Park 0.896200% Parkland 0.541860% Pembroke Park 0.131376% Pembroke Pines 3.295839% Plantation 1.811340% Pompano Beach 2.186188% Sea Ranch Lakes 0.014258% Southwest Ranches 0.156693% Sunrise 1.836530% Tamarac 1.294692% Weston 1.391449% West Park 0.302667% Wilton Manors 0.254002% 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: FY15 Recipient Population Coconut Creek 53,783 Cooper City 32,136 Coral Springs 122,994 Dania 30,233 Davie 93,599 Deerfield Beach 75,840 Fort Lauderdale 170,065 Hallandale 38,391 4 RESOLUTION#2014-041 FY15 Recipient Po ulabon 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 Southwest Ranches 7,396 Sunrise 86,685 Tamarac 61,110 Weston 65,677 West Park 14,286 Wilton Manors 11,989 TotalIncorporated 1,770,016 -Unincorporated Area 14,699 Total County 1,784,715 3. This 2014 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 2014 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 2014 Amendment and the Interlocal Agreement, as previously amended, the parties hereby agree that this document shall control. 5 RESOLUTION#2014-041 5. This 2014 Amendment may be executed in several counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall it constitute one and the same instrument. 6. In the event this 2014 Amendment to Interlocal Agreement or a portion of this 2014 Amendment is found by a court of competent jurisdiction to be invalid, the remaining portions 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. [THE REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.] 6 RESOLUTION#2014-041 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 is duly authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, by and through its Board of County Commissioners i Broward County Administrator, as B Y 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 Angela J. Wallace (Date) Deputy County Attorney 7 RESOLUTION#2014-041 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 , 2014. (CORPORATE SEAL) APPROVED AS TO LEGAL FORM AND SUFFICIENCY: THOMAS J. ANSBRO CITY ATTORNEY 8 RESOLUTION#2014-041