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Home My WebLink AboutR-2018-067 2018 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. RESOLUTION NO. 2018-067 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING EXECUTION BY THE PROPER CITY OFFICIALS OF THE 2018 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, THAT: Section 1. That certain 2018 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 2018 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 8, 20 SF ATTEST: m k r THOMAS SCHNEIDER, CMC TAMARA JAMS CITY CLERK MAYOR / APPROVEDA TO RM AND CORRECTNESS: THO J. S O CITY ATTO EY EXHIBIT 1 2018 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 2018 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"). RECITALS A. Section 336.025(1)(b), Florida Statutes, authorizes the counties to extend the levy of the additional local option gas tax upon every gallon of motor 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 B. The Board of County Commissioners enacted Section 31 Y2-38, Broward County Code of Ordinances, effective January 1, 1994, through December 31, 2024, pursuant to Section 336.025(1)(b), Florida Statutes, imposing the levy of the three-cent ($.03) local option fuel tax for thirty years and providing for a method of distribution of the proceeds of the tax; and C. Pursuant to said 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; and D. Paragraph 3 of the Interlocal Agreement 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, and pursuant to the authorization of Section 336.025(1)(b)2, 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 FY19 Percent Share of Recipient Proceeds Coconut Creek 1.582947% Cooper City 0.931042% Coral Springs 3.513152% Dania 0.868021% Davie 2.776990% Deerfield Beach 2.152389% Fort Lauderdale 4.938536% Hallandale 1.068610% Hillsboro Beach 0.052705% Hollywood 4.060089% Lauderdale-by-the-Sea 0.170306% Lauderdale Lakes 0.967888% Lauderhill 1.963081% Lazy Lake 0.000719% Lighthouse Point 0.290306% Margate 1.598557% Miramar 3.757648% North Lauderdale 1.224767% Oakland Park 1.224795% Parkland 0.868104% Pembroke Park 0.175629% Pembroke Pines 4.498361% Plantation 2.444101% Pompano Beach 3.018369% Sea Ranch Lakes 0.019085% Southwest Ranches 0.209993% Sunrise 2.533625% Tamarac 1.762630% Weston 1.837068% West Park 0.411271% Wilton Manors 0.349216% Total Incorporated 51.270000% «Municipality» GaxTax3_2018 Agreement 2 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 FY19 Population Coconut Creek 57,395 Cooper City 33,758 Coral Springs 127,381 Dania 31,473 Davie 100,689 Deerfield Beach 78,042 Fort Lauderdale 179,063 Hallandale 38,746 Hillsboro Beach 1,911 Hollywood 147,212 Lauderdale-by-the-Sea 6,175 Lauderdale Lakes 35,094 Lauderhill 71,178 Lazy Lake 26 Lighthouse Point 10,526 Margate 57,961 Miramar 136,246 North Lauderdale 44,408 Oakland Park 44,409 Parkland 31,476 Pembroke Park 6,368 Pembroke Pines 163,103 Plantation 88,619 Pompano Beach 109,441 «Municipality» GaxTax3_2018 Agreement 3 Sea Ranch Lakes 692 Southwest Ranches 7,614 Sunrise 91,865 Tamarac 63,910 Weston 66,609 West Park 14,912 Wilton Manors 12,662 Total Incorporated 1,858,964 Unincorporated Area 15,006 Total County 1,873,970 3. This 2018 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. In the event any provision within this 2018 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 2018 Amendment and the Interlocal Agreement, as previously amended, the parties agree that this 2018 Amendment shall control. 6. This 2018 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.] «Municipality» GaxTax3_2018 Agreement 4 IN WITNESS WHEREOF, the parties have made and executed this 2018 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 10th, 2018, 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 2018 Approved as to form by: Andrew J. Meyers Broward County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 By Claudia Capdesuner Assistant County Attorney Date: By Angela J. Wallace Deputy County Attorney Date: «Municipality» GaxTax3_2018 Agreement 5 2018 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: «Municipality: » By Mayor-Commissioner day of , 2018. ATTEST: By Municipal Clerk Municipal Manager day of , 2018 (CORPORATE SEAL) APPROVED AS TO FORM: By Municipal Attorney «Municipality» GaxTax3_2018 Agreement 6