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Home My WebLink AboutR-2018-068 2018 Amendment To Interlocal Agreement Providing For Division And Distribution Of The Proceeds From The Broward County Five Cent Additional Local Option Gas Tax On Motor Fuel For Transit. RESOLUTION NO. 2018-068 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE EXECUTION BY THE PROPER CITY OFFICIALS OF THE 2018 AMENDMENT TO AN 1NTERLOCAL 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 FIVE (5) CENT LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT; 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 Five (5) Cent Local Option Gas Tax on Motor Fuel For Transit, 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 on May 8, 2018. ATTEST: �Pa�Is F�rG�� _ — THOMAS SCHNEIDER, CMC TAMARA JA CITY CLERK MAYOR APPROVED AS tf AND CO SS: -�J THOMAS J. NSEIRO CITY ATTORNEY EXHIBIT 2 2018 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT 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. On June 13, 2000, the Board of County Commissioners enacted Ordinance No. 2000-25, effective January 1, 2001, through December 31, 2031, pursuant to Section 336.025(1)(b), Florida Statutes, extending the levy of the fifth-cent local option gas 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 4 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 paragraph Section 336.025(1)(b), Florida Statutes, the County and Municipalities agree as follows: 1. Paragraph 2 of the Interlocal Agreement, as previously amended, including section 2.1.2, is hereby amended to read as follows: 2.1 Seventy-four percent (74%) of said proceeds shall be distributed to the County, from which amount the County will retain forty-eight percent (48%) of the total proceeds and will distribute twenty-six percent (26%) of the total proceeds to the municipalities through grant agreements for Community Shuttle Services. The remaining twenty-six percent (26%) shall be distributed to the eligible municipalities in the following manner: Population of Individual Municipality Total incorporated area Population X 26.0000% FYI Percent Recipient FY19 Population Share of Proceeds Coconut Creek 57,395 0.802743% Cooper City 33,758 0.472149% Coral Springs 127,381 1.781587% Dania 31,473 0.440190% Davie 100,689 1.408265% Deerfield Beach 78,042 1.091518% Fort Lauderdale 179,063 2.504426% Hallandale 38,746 0.541913% Hillsboro Beach 1,911 0.026728% Hollywood 147,212 2.058949% Lauderdale-by-the-Sea 6,175 0.086365% Lauderdale Lakes 35,094 0.490835% Lauderhill 71,178 0.995516% Lazy Lake 26 0.000363% Lighthouse Point 10,526 0.147220% Margate 57,961 0.810659% Miramar 136,246 1.905575% North Lauderdale 44,408 0.621103% Oakland Park 44,409 0.621117% Parkland 31,476 0.440232% Pembroke Park 6,368 0.089065% Pembroke Pines 163,103 2.281205% Plantation 88,619 1.239451% Pompano Beach 109,441 1.530673% Sea Ranch Lakes 692 0.009679% Southwest Ranches 7,614 0.106492% Sunrise 91,865 1.284850% Tamarac 63,910 0.893863% Weston 66,609 0.931612% West Park 14,912 0.208563% Wilton Manors 12,662 0.177094% Total Incorporated 1,858,964 26.000000% Unincorporated Area 15,006 «Municipality» GasTax5_2018 Agreement 2 Total County 1,873,970 The population figures set forth above 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 Economic and Business Research, Population Division, of the University of Florida. The population figures to be utilized in the formula described in this section, for the distribution of the Fifth Cent, shall be adjusted annually based on the current Florida Estimates of Population. 2.1.2 As stated above, the other Twenty-six percent (26%) shall be distributed by the County to the Municipalities through grant agreements for Community Shuttle Services. 2. 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. 3. 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. 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 2018 Amendment and the Interlocal Agreement, as previously amended, the parties hereby agree that this document shall control. 5. 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» GasTax5_2018 Agreement 3 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» GasTax5_2018 Agreement 4 2018 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT MUNICIPALITY WITNESSES: «Municipality: By Mayor-Commissioner day of , 2018. ATTEST: By Municipal Clerk Municipal Manager day of 12018. (CORPORATE SEAL) APPROVED AS TO FORM: By Municipal Attorney «Municipality» GasTax5_2018 Agreement 5