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Home My WebLink AboutR-2017-039 Approves Execution of 2017 Amendment to an Interlocal Agreement Between Broward Co. & the City; Providing for Division & Distribution of Proceeds of the 6 Cent Local Option Gas Tax RESOLUTION NO. 2017-039 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING EXECUTION BY THE PROPER CITY OFFICIALS OF THE 2017 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, THAT: Section 1. That certain 2017 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 2017 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 April 25, 2017. ATTEST: P�rs F1�rc��i- _ LOUISE STILSON, CMC MARA JA S� CITY CLERK AYOR 1 APPR D AS O AND CORREC THO AS J. S O CITY ATTO EY 2017 AMENDMENT TO INTERLOCAL AGREEMENT 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 2017 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"). 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 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, for good and valuable consideration, the County and Municipalities 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: 2 RESOLUTION#2017-039 Population of Individual Municipality x 37.5% _ Total Incorporated Area Population FYI Percent Share of Recipient Proceeds Coconut Creek 1.164205% Cooper City 0.686321% Coral Springs 2.573659% Dania 0.633774% Davie 2.027024% Deerfield Beach 1.582936% Fort Lauderdale 3.602662% Hallandale 0.787218% Hillsboro Beach 0.039013% Hollywood 2.979101% Lauderdale-by-the-Sea 0.125112% Lauderdale Lakes 0.709945% Lauderhill 1.440621% Lazy Lake 0.000488% Lighthouse Point 0.214145% Margate 1.166447% Miramar 2.732098% North Lauderdale 0.898164% Oakland Park 0.898857% Parkland 0.603056% Pembroke Park 0.128781% Pembroke Pines 3.297975% Plantation 1.800404% Pompano Beach 2.189661% Sea Ranch Lakes 0.013799% Southwest Ranches 0.154341% Sunrise 1.849038% Tamarac 1.290437% Weston 1.356010% West Park 0.301019% Wilton Manors 0.253689% 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 RESOLUTION 42017-039 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: Recipient FY18 Population Coconut Creek 57,116 Cooper City 33,671 Coral Springs 126,264 Dania 31,093 Davie 99,446 Deerfield Beach 77,659 Fort Lauderdale 176,747 Hallandale 38,621 Hillsboro Beach 1,914 Hollywood 146,155 Lauderdale-by-the-Sea 6,138 Lauderdale Lakes 34,830 Lauderhill 70,677 Lazy Lake 24 Lighthouse Point 10,506 Margate 57,226 Miramar 134,037 North Lauderdale 44,064 Oakland Park 44,098 Parkland 29,586 Pembroke Park 6,318 Pembroke Pines 161,799 Plantation 88,328 Pompano Beach 107,425 Sea Ranch Lakes 677 Southwest Ranches 7,572 Sunrise 90,714 Tamarac 63,309 Weston 66,526 West Park 14,768 4 RESOLUTION#2017-039 Wilton Manors 12,446 Total Incorporated 1,839,754 Unincorporated Area 14,759 Total County 1,854,513 3. This 2017 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; the amended population figures and share of proceeds shall take effect as provided by applicable law. 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 2017 Amendment and the Interlocal Agreement, as previously amended, the parties hereby agree that this 2017 Amendment shall control. 5. This 2017 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 any provision within this 2017 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. [THE REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.] 5 RESOLUTION#2017-039 IN WITNESS WHEREOF, the parties have made and executed this 2017 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 April 4th, 2017, and 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 4th day of April 2017 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: RESOLUTION#2017-039 2017 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE MUNICIPALITY WITNESSES: «Municipality: » By Mayor-Commissioner day of , 2017. ATTEST: By Municipal Clerk Municipal Manager day of , 2017. (CORPORATE SEAL) APPROVED AS TO FORM: By Municipal Attorney 7 RESOLUTION#2017-039