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Home My WebLink AboutR-2015-050 - Approved Execution For Division & Distribution Of The Proceeds From The Broward County Additional Three (3) Cent Local Option Gas Tax On Motor Fuel Ordinance RESOLUTION NO. 2015-050 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING EXECUTION BY THE PROPER CITY OFFICIALS OF THE 2015 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 2015 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, a copy of which in substantial form identified 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 2015 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 May 26, 2015. ATTEST: LOUISE STILSON, CMC A. SALVINO SR. CITY CLERK AYOR APPROVED AS T F rD ORRECTNESS: e90— THOMAS J. A34SBRO CITY ATTORNEY ago ia°°i 2015 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE This 2015 Amendment to Interlocal Agreement is entered into by and between Broward County, a political subdivision of the State of Florida (the "County") and the municipalities executing a signature page bearing the above legend, each of which is a municipal corporation existing under the laws of the State of Florida (the "Municipalities"). NOW, THEREFORE, for good and valuable consideration, and pursuant to the authorization of paragraph (1) (b) 2 of Section 336.025, Florida Statutes, the County and Municipalities agree as follows: 1. Paragraph 2 of the Interlocal Agreement, as previously amended, is hereby amended to read: 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 Share of Recipient Proceeds Coconut Creek 1.584915% -Cooper City 0.945351% Coral Springs 3.541713% Dania 0.869570% Davie 2.736262% Deerfield Beach 2.181790% Fort Lauderdale 4.914815% Hallandale 1.096539% Hillsboro Beach 0.053433% -Hollywood 4.134548% Lauderdale-by-the-Sea 0.173908% Lauderdale Lakes 0.968472% Lauderhill 1.964218% -Lazy Lake 0.000713% -Lighthouse Point 0.297220% -Margate 1.587723% Miramar 3.679636% North Lauderdale 1.227071% Oakland Park 1.228904% Parkland 0.752734% 2 RESOLUTION#2015-050 Pembroke Park 0.176888% Pembroke Pines 4.524051% Plantation 2.486344% Pompano Beach 2.998615% Sea Ranch Lakes 0.019139% Southwest Ranches 0.210266% Sunrise 2.522186% Tamarac 1.755414% Weston 1.881533% West Park 0.410189% Wilton Manors 0.345840% 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 then-current"Florida Estimates of Population." For the purpose of this Agreement, the following population figures are hereby agreed upon by the parties hereto: Recipient FY16 Population Coconut Creek 55,319 -Cooper City 32,996 Coral Springs 123,618 Dania 30,351 Davie 95,505 Deerfield Beach 76,152 Fort Lauderdale 171,544 Hallandale 38,273 Hillsboro Beach 1,865 -Hollywood 144,310 Lauderdale-by-the-Sea 6,070 Lauderdale Lakes 33,803 Lauderhill 68,558 Lazy Lake 25 Li hthouse Point 10,374 3 RESOLUTION#2015-050 Margate 55,417 Miramar 128,432 North Lauderdale 42,829 Oakland Park 42,893 Parkland 26,273 Pembroke Park 6,174 Pembroke Pines 157,905 Plantation 86,782 Pompano Beach 104,662 Sea Ranch Lakes 668 Southwest Ranches 7,339 Sunrise 88,033 Tamarac 61,270 Weston 65,672 West Park 14,317 Wilton Manors 12,071 Total Incorporated 1,789,500 Unincorporated Area 14,403 Total County 1,803,903 3. This 2015 Amendment to Interlocal Agreement shall be effective as of the date it is executed by the County after having previously been executed by eligible municipalities cumulatively representing a majority of the incorporated area population of the County. 4. In the event any provision within this 2015 Amendment to Interlocal Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless the County or any executing Municipality necessary to maintain the cumulative majority referenced in the preceding paragraph elects to terminate this Agreement. The election to terminate pursuant to this provision must be made within seven (7) days after such court ruling; provided, however, that if a timely notice appealing the court ruling is filed, the election shall be held in abeyance until the appeal is determined or dismissed. 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 2015 Amendment and the Interlocal Agreement, as previously amended, the parties agree that this 2015 Amendment shall control. 6. This 2015 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.] 4 RESOLUTION#2015-050 IN WITNESS WHEREOF, the parties have made and executed this 2015 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 on , 2015, and each MUNICIPALITY, signing by and through its , 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 12015 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 Andrew J. Meyers Chief Deputy County Attorney Date: AJM 3/20/15 GASTAX3_2015.doc «Municipality» 5 RESOLUTION#2015-050 2015 AMENDMENT TO INTERLOCAL AGREEMENT 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 By Marco A. Salvino, Sr., Mayor day of May, 2015. ATTEST: By Louise Stilson Robert Baldwin City Clerk City Manager day of May, 2015 (CORPORATE SEAL) APPROVED AS TO FORM: By Thomas J. Ansbro City Attorney RESOLUTION#2015-050