The URL can be used to link to this page

Home My WebLink AboutR-2018-069 The 2018 Renewal To An Interlocal Agreement Providing For Division And Distribution Of The Proceeds From The Broward County Six (6) Cent Additional Local Option Gas Tax. RESOLUTION NO. 2018-069 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING EXECUTION BY THE PROPER CITY OFFICIALS OF THE 2018 RENEWAL TO AN 1NTERLOCAL 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 2018 Renewal 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 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 Renewal 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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: S Frpr f THOMAS SCHNEIDER, CMC TAMARA JAME CITY CLERK MAYOR 1 APPROVE S T ORM AND CORRE S: THO AS J. O CITY ATT EY INTERLOCAL AGREEMENT among BROWARD COUNTY and COCONUT CREEK, COOPER CITY, CORAL SPRINGS, DANIA BEACH, DAVIE, DEERFIELD BEACH, FORT LAUDERDALE, HALLANDALE BEACH, HILLSBORO BEACH,HOLLYWOOD, LAUDERDALE-BY-THE-SEA, LAUDERDALE LAKES, LAUDERHILL, LAZY LAKE, LIGHTHOUSE POINT, MARGATE, MIRAMAR,NORTH LAUDERDALE, OAKLAND PARK, PARKLAND, PEMBROKE PARK, PEMBROKE PINES, PLANTATION, POMPANO BEACH, SEA RANCH LAKES, SOUTHWEST RANCHES, SUNRISE, TAMARAC, WEST PARK, WESTON, and WILTON MANORS regarding Distribution of a Six-cent Local Option Gas Tax on Every Gallon of Motor Fuel and Special Fuel Sold in Broward County This Interlocal Agreement ("Agreement") is entered into by and among: BROWARD COUNTY, a political subdivision of the State of Florida ("County"), COCONUT CREEK, COOPER CITY, CORAL SPRINGS, DANIA BEACH, DAVIE, DEERFIELD BEACH, FORT LAUDERDALE, HALLANDALE BEACH, HILLSBORO BEACH, HOLLYWOOD, LAUDERDALE-BY-THE-SEA, LAUDERDALE LAKES, LAUDERHILL, LAZY LAKE, LIGHTHOUSE POINT, MARGATE, MIRAMAR, NORTH LAUDERDALE, OAKLAND PARK, PARKLAND, PEMBROKE PARK, PEMBROKE PINES, PLANTATION, POMPANO BEACH, SEA RANCH LAKES, SOUTHWEST RANCHES, SUNRISE, TAMARAC, WEST PARK, WESTON, and WILTON MANORS, all municipal corporations organized and existing under the laws of the State of Florida (collectively referred to as the "Municipalities") (County and Municipalities are collectively referred to as the"Parties"). RECITALS I. Section 336.025, Florida Statutes, as amended, authorizes the County to establish a six- cent ($0.06) local option gas tax on every gallon of motor fuel and special fuel sold in the County and taxed under the provisions of Chapter 206, Florida Statutes, for a period not to exceed thirty (30) years, to be used solely for"transportation expenditures" as defined in Section 336.025(7), Florida Statutes, with distribution of the proceeds determined pursuant to an interlocal agreement between the County and the eligible municipalities representing a majority of the population of the incorporated area within the County. 2. The Parties desire that the current six-cent local option gas tax expiring August 31, 2018, be reestablished, reimposed, and relevied through December 31, 2047, with the proceeds distributed among the Parties consistent with the terms of this Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and pursuant to Section 336.025, Florida Statutes, the Parties hereby agree as follows: AGREEMENT 1. Recitals: The foregoing recitals are true and correct and by this reference are incorporated herein. 2. Intent of Agreement: The intent of this Agreement is to establish the method of distribution of the proceeds of a local option gas tax to be used for transportation expenditures. 3. Distribution of Proceeds: The Parties agree to divide the proceeds of the local option gas tax according to the following distribution formula: Sixty-two and one-half percent (62.5%) to the County, and Thirty-seven and one-half percent (37.5%) to the Municipalities. 3.1 The distribution of proceeds to the Municipalities will be based upon the annual Bureau of Economics and Business Research (`BEBR") population figures as of April 1 of each year,pursuant to Section 336.025(3)(a)(3),Florida Statutes,as same may be amended. 3.2 By July 1 of each year this Agreement is in effect, the County shall forward the finalized BEBR population figures to the State of Florida Department of Revenue for the purpose of distributing the proceeds of the local option gas tax in accordance with the distribution formula established pursuant to this Agreement. 3.3 In the event the BEBR population figures are not finalized by July 1, the County shall forward the finalized figures to the State of Florida Department of Revenue within thirty(30)days after the County receives notice that the figures are finalized. 4. Effective Date: Pursuant to Section 336.025(1)(b)(1), Florida Statutes, the six-cent local option gas tax and this Agreement shall be effective, and continue uninterrupted, from and including September 1,2018,through and including December 31,2047,a term of twenty- nine (29) years and four (4) months, provided that the County and Municipalities representing a majority of the population of the incorporated area within Broward County have approved and executed this Agreement by March 31, 2018. 5. Notices: Whenever any Party desires to give notice to any other Party or Parties, such notice must be in writing, mailed, and sent by email to the designated representative(s)of the respective Parties as indicated on the Parties' respective signature pages. Any Party may change its designated representative(s)for notice purposes by providing notice thereof to all other Parties in accordance with this paragraph. 2 6. Binding Effect: Each person executing this Agreement represents that he or she has been empowered by his or her respective Party to enter into this Agreement and to bind such Party to the commitments and undertakings contained herein. The provisions, conditions, terms, and covenants contained herein shall be of a binding effect. The benefits and advantages hereof shall inure to the respective Parties and to their respective successors and assigns. 7. Termination Resulting From Judicial Determination: If, as a result of any judicial ruling, any party properly terminates this Agreement, the distribution of the proceeds of the local option gas tax for the following year and for the remainder of the tax levy shall be in accordance with Section 336.025(4)(a), Florida Statutes, as amended. 8. Merger: This Agreement represents the final and complete understanding of the Parties and incorporates, includes, and supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. There are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly,no deviation from the terms hereof shall be predicated upon any prior representations or agreements,whether oral or written. 9. Joint Preparation: Each Party acknowledges that it has sought and received whatever advice and counsel as was necessary for it to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement resulted from the joint efforts of all the Parties. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction,be construed more severely against one of the Parties. 10. Counterparts: This Agreement may be executed in any number of counterparts, each of which, when executed and delivered, shall constitute an original, but such counterparts shall together constitute one and the same instrument. 11. Further Assurances: The Parties shall execute all such instruments, and agree to take all such further actions, as may be reasonably required by any Party to fully effectuate the terms and provisions of this Agreement. 12. Modification: No change or modification of this Agreement shall be valid unless in writing and signed by all Parties hereto. No purported waiver of any of the provisions of the Agreement shall be valid unless in writing and signed by the Party allegedly waiving the applicable provision. 13. Ineligibility: If, during the term of the imposition of this local option gas tax, any of the Municipalities become ineligible to receive a share of the proceeds of the local option gas tax for any reason, any funds otherwise undistributed because of such ineligibility shall be distributed by the Florida Department of Revenue to the remaining Municipalities in proportion to the distribution formula then in effect. 3 IN WITNESS WHEREOF, the Parties hereto have made and executed this Interlocal Agreement on the respective dates under each signature: Broward County,as authorized by action of its Board of County Commissioners taken on January 23, 2018, and Municipalities, signing by and through their representative authorized to execute the same pursuant to formal action taken on the date indicated on the respective signature pages. COUNTY WITNESS: BROWARD COUNTY, by and through its County Administrator By Signature of Witness (Date) Bertha Henry day of , 2018 Signature of Witness (Date) Approved as to form by Andrew J. Meyers Broward County Attorney Governmental Center, Suite 423 Designated Address for Notices: 115 South Andrews Avenue Bertha Henry at bhenry(?broward.or Fort Lauderdale, Florida 33301 Broward County Administrator Telephone: (954)357-7600 Governmental Center,Room 409 Telecopier: (954) 357-7641 Fort Lauderdale, Florida 33301 Attention: County Administrator By Claudia Capdesuner (Date) Assistant County Attorney With a copy to: Andrew J. Meyers at ameyersgbroward.org By County Attorney Angela J. Wallace (Date) Governmental Center, Suite 423 Deputy County Attorney 115 South Andrews Avenue Fort Lauderdale,Florida 33301 CC/AJW 01/11/18 Six-Cent Local Option Gas Tax ILA.doc 4 INTERLOCAL AGREEMENT AMONG BROWARD COUNTY, COCONUT CREEK, COOPER CITY, CORAL SPRINGS, DANIA BEACH, DAVIE, DEERFIELD BEACH, FORT LAUDERDALE,HALLANDALE BEACH,HILLSBORO BEACH,HOLLYWOOD, LAUDERDALE-BY-THE-SEA, LAUDERDALE LAKES, LAUDERHILL, LAZY LAKE, LIGHTHOUSE POINT, MARGATE, MIRAMAR, NORTH LAUDERDALE, OAKLAND PARK, PARKLAND, PEMBROKE PARK, PEMBROKE PINES, PLANTATION, POMPANO BEACH, SEA RANCH LAKES, SOUTHWEST RANCHES, SUNRISE, TAMARAC, WEST PARK, WESTON, AND WILTON MANORS REGARDING DISTRIBUTION OF A SIX-CENT LOCAL OPTION GAS TAX ON EVERY GALLON OF MOTOR FUEL AND SPECIAL FUEL SOLD IN BROWARD COUNTY CITY OF DANIA BEACH, through its City Commission, signing by and through its Mayor or Vice-Mayor, authorized to execute the same by Board action on the day of , 20 WITNESS: CITY By Signature of Witness Mayor day of , 2018 Print of Type Name of Witness By Signature of Witness City Manager Print of Type Name of Witness ATTEST: City Clerk Approved as to legal form City Attorney Designated Address for Notices (include email address(es): 5 "Original" Six Cents Local Option Gas Tax Annual Administrative Update of BEBR Population Year 1 of FY19 - FY48 per the Interlocal Agreement FY19 Percent Recipient Share of Proceeds Recipient FY19 Population Coconut Creek 1.157802% Coconut Creek 57,395 Cooper City 0.680984% Cooper City 33,758 Coral Springs 2.569597% Coral Springs 127,381 Dania 0.634890% Dania 31,473 Davie 2.031151% Davie 100,689 Deerfield Beach 1.574304% Deerfield Beach 78,042 Fort Lauderdale 3.612153% Fort Lauderdale 179,063 Hallandale 0.781605% Hallandale 38,746 Hillsboro Beach 0.038550% Hillsboro Beach 1,911 Hollywood 2.969638% Hollywood 147,212 Lauderdale-by-the-Sea 0.124565% Lauderdale-by-the-Sea 6,175 Lauderdale Lakes 0.707935% Lauderdale Lakes 35,094 Lauderhill 1.435840% Lauderhill 71,178 Lazy Lake 0.000523% Lazy Lake 26 Lighthouse Point 0.212336% Lighthouse Point 10,526 Margate 1.169220% Margate 57,961 Miramar 2.748426% Miramar 136,246 North Lauderdale 0.895822% North Lauderdale 44,408 Oakland Park 0.895842% Oakland Park 44,409 Parkland 0.634950% Parkland 31,476 Pembroke Park 0.128459% Pembroke Park 6,368 Pembroke Pines 3.290200% Pembroke Pines 163,103 Plantation 1.787669% Plantation 88,619 Pompano Beach 2.207701% Pompano Beach 109,441 Sea Ranch Lakes 0.013959% Sea Ranch Lakes 692 Southwest Ranches 0.153594% Southwest Ranches 7,614 Sunrise 1.853149% Sunrise 91,865 Tamarac 1.289226% Tamarac 63,910 Weston 1.343672% Weston 66,609 West Park 0.300813% West Park 14,912 Wilton Manors 1 0.255425% 1 Wilton Manors 12,662 Totallncorporated 37.500000% Total Incorporated 1,858,964 Unincorporated Area 15,006 Total County 1,873,970