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Home My WebLink AboutR-2019-035 City Approving 2019 Amendment to an Interlocal Agreement Existing Between County & City; Providing for Division & Distribution of Proceeds from County's Additional (3) Cent Local Gas Tax RESOLUTION NO. 2019-035 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING EXECUTION BY CITY OFFICIALS OF THE 2019 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; 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 2019 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, 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 2019 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 14, 2019. ATTEST: THOMAS SCHNEIDER, CMC o LORI LE ELLEN CITY CLERK '�, �a MAYOR APPRO S TO FORM AND CO S: , p THO _A J. A14SARO CITY ATTO EY EXHIBIT 1 2019 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL THREE-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL This 2019 Amendment to Interlocal Agreement (the "2019 Amendment") 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") (the County and Municipalities are collectively referred to as the "Parties"). RECITALS A. Section 336.025(1)(b), Florida Statutes, authorizes the County to extend the levy of the additional three-cent 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. B. The Broward County 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 (30) years and providing for a method of distribution of the proceeds of the tax. C. The method for distribution of the proceeds is established by an Interlocal Agreement with Municipalities representing a majority of the population of the incorporated area within the County. D. Paragraph 3 of the Interlocal Agreement requires annual adjustment of the division and distribution of the proceeds based upon 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 additional three-cent local option fuel tax shall be divided and distributed to the County, and the remaining Fifty-one and Twenty-seven One-hundredths percent (51.27%) of the total proceeds from the additional three- cent local option fuel tax shall be divided among and distributed to the Municipalities within the County as follows: Population of Individual Municipality x 51.27% _ Total Incorporated Area Population FY20 Percent Share of Recipient Proceeds Coconut Creek 1.588702% Cooper City 0.923257% Coral Springs 3.506042% Dania Beach 0.864686% Davie 2.809337% Deerfield Beach 2.139536% Fort Lauderdale 4.978363% Hallandale Beach 1.063437% Hillsboro Beach 0.052227% Hollywood 4.058019% Lauderdale-by-the-Sea 0.168798% Lauderdale Lakes 0.993211% Lauderhill 1.953773% Lazy Lake 0.000708% Lighthouse Point 0.287548% Margate 1.588293% Miramar 3.733411% North Lauderdale 1.221016% Oakland Park 1.232861% Parkland 0.891562% Pembroke Park 0.173836% Pembroke Pines 4.502520% Plantation 2.439664% Pompano Beach 3.005392% Sea Ranch Lakes 0.018925% Southwest Ranches 0.209834% Sunrise 2.523205% Tamarac 1.760768% Weston 1.823642% West Park 0.408040% Wilton Manors 0.349387% Total Incorporated 51.270000% «Municipality» GaxTax3_2019 Amendment 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 additional three-cent local option fuel tax shall be adjusted annually based on the then-current "Florida Estimates of Population." For the purpose of this Agreement, the population figures are as follows: BEBR Population Recipient 411/18 Coconut Creek 58,344 Cooper City 33,906 Coral Springs 128,757 Dania Beach 31,755 Davie 103,171 Deerfield Beach 78,573 Fort Lauderdale 182,827 Hallandale Beach 39,054 Hillsboro Beach 1,918 Hollywood 149,028 Lauderdale-by-the-Sea 6,199 Lauderdale Lakes 36,475 Lauderhill 71,751 Lazy Lake 26 Lighthouse Point 10,560 Margate 58,329 Miramar 137,107 North Lauderdale 44,841 Oakland Park 45,276 Parkland 32,742 Pembroke Park 6,384 Pembroke Pines 165,352 Plantation 89,595 Pompano Beach 110,371 Sea Ranch Lakes 695 Southwest Ranches 7,706 Sunrise 92,663 «Municipality» GaxTax3_2019 Amendment 3 BEBR Population Recipient 4/1/18 Tamarac 64,663 Weston 66,972 West Park 14,985 Wilton Manors 12,831 Total Incorporated 1,882,856 Unincorporated Area 15,120 Total County 1,897,976 3. This 2019 Amendment shall be effective as of the date it is executed by the County after having previously been executed by the 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 2019 Amendment 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 the Interlocal 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 2019 Amendment and the Interlocal Agreement, as previously amended, the Parties acknowledge that this 2019 Amendment shall control. 6. This 2019 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. [THE REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.] «Municipality» GaxTax3_2019 Amendment 4 IN WITNESS WHEREOF, the Parties have made and executed this 2019 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 County Administrator, authorized to execute same by Board action on April 9th, 2019, and each Municipality, signing by and through its duly authorized to execute same. COUNTY WITNESSES: Broward County, by and through its County Administrator Print Name: By Bertha Henry County Administrator Print Name: day of , 20 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 Angela J. Wallace (Date) Deputy County Attorney «Municipality» GaxTax3_2019 Amendment 5 2019 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL THREE-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL MUNICIPALITY WITNESSES: Municipality: DANIA BEACH By Mayor-Commissioner day of 12019. ATTEST: By Municipal Clerk Municipal Manager day of , 2019 (CORPORATE SEAL) APPROVED AS TO FORM: By Municipal Attorney «Municipality» GaxTax3_2019 Amendment 9