HomeMy WebLinkAboutR-2022-070 Broward County 3 Cents Gas TaxRESOLUTION NO.2022-070
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING EXECUTION BY THE PROPER CITY
OFFICIALS OF THE 2022 AMENDMENT TO AN INTERLOCAL
AGREEMENT EXISTING BETWEEN BROWARD COUNTY, FLORIDA
AND THE CITY OF DANIA BEACH, FLORIDA; A COPY OF WHICH
AGREEMENT IS ATTACHED AND INCORPORATED BY REFERENCE AS
EXHIBIT "A", WHICH AGREEMENT PROVIDES FOR THE DIVISION AND
DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY
ADDITIONAL THREE (3) CENT LOCAL OPTION GAS TAX ON MOTOR
FUEL ORDINANCE TO THE PARTICIPATING MUNICIPALITIES;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, a county may, upon a majority vote of the applicable county commission,
pursuant to Section 336.025(1)(b), Florida Statutes, in order to extend the levy of an additional
three -cent local option gas tax upon every gallon of motor fuel sold in the County for a period
not to exceed thirty (30) years, extend the levy and authorize an agreement with participating
municipalities; and
WHEREAS, the Broward County Board of County Commissioners enacted Section
311/2-38, Broward County Code of Ordinances, effective January 1, 1994, through December 31,
2024, pursuant to Section 336.025(1)(b), Florida Statutes, and imposed 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; and
WHEREAS, the method for distribution of the three cent gas tax proceeds is established
by an Interlocal Agreement with Municipalities representing a majority of the population of the
incorporated area within the County ("Interlocal Agreement"); and
WHEREAS, Paragraph 3 of the underlying Interlocal Agreement requires an 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
("BEBR Figures");
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That certain 2022 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 2022 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 10, 2022.
ATTEST:
- y,
"42i�
THOMAS SCHNEIDER, CMC
CITY CLERK (,13 �"I
APPROVED AS TO FORM AND CORRECTNESS:
CA'/�x� h-- %
EV A OUTSIS
CI ATTORNEY
2 RESOLUTION #2022-070
EXHIBIT 1
2022 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 2022 Amendment to Interlocal Agreement ("2022 Amendment") is entered
into by and between Broward County, a political subdivision of the State of Florida
("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,
(each a "Municipality" and, collectively "Municipalities"). 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'/2-38, 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 ("Interlocal Agreement").
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 ("BEBR Figures").
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
GaxTax3_2022 Amendment Page 1 of 36
local option fuel tax shall be divided among and distributed to the eligible
municipalities within the County as follows:
Population of Each Eligible Municipality x 51.27% _
Total County Incorporated Area Population
Recipient
FY23 Percent Share of
Proceeds
Coconut Creek
1.530750%
Cooper City
0.909837%
Coral Springs
3.559203%
Dania Beach
0.842123%
Davie
2.809077%
Deerfield Beach
2.304047%
Fort Lauderdale
4.921909%
Hallandale Beach
1.088647%
Hillsboro Beach
0.052532%
Hollywood
4.069603%
Lauderdale -by -the -Sea
0.164076%
Lauderdale Lakes
0.969352%
Lauderhill
1.971610%
Lazy Lake
0.000870%
Lighthouse Point
0.277710%
Margate
1.553048%
Miramar
3.597530%
North Lauderdale
1.186463%
Oakland Park
1.171677%
Parkland
0.937426%
Pembroke Park
0.164579%
Pembroke Pines
4.519350%
Plantation
2.450110%
Pompano Beach
2.992780%
Sea Ranch Lakes
0.014151 %
Southwest Ranches
0.203012%
Sunrise
2.575250%
Tamarac
1.917941 %
Weston
1.806740%
West Park
0.402823%
Wilton Manors
0.305774%
Total Incorporated
51.270000%
GaxTax3_2022 Amendment Page 2 of 36
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:
Recipient
BEBR Population
4/1/21
Coconut Creek
57,871
Cooper City
34,397
Coral Springs
134,558
Dania Beach
31,837
Davie
106,199
Deerfield Beach
87,106
Fort Lauderdale
186,076
Hallandale Beach
41,157
Hillsboro Beach
1,986
Hollywood
153,854
Lauderdale -by -the -Sea
6,203
Lauderdale Lakes
36,647
Lauderhill
74,538
Lazy Lake
33
Lighthouse Point
10,499
Margate
58,714
Miramar
136,007
North Lauderdale
44,855
Oakland Park
44,296
Parkland
35,440
Pembroke Park
6,222
Pembroke Pines
170,857
Plantation
92,628
Pompano Beach
113,144
Sea Ranch Lakes
535
Southwest Ranches
7,675
Sunrise
97,359
GaxTax3_2022 Amendment Page 3 of 36
Recipient
BEBR Population
4/1 /21
Tamarac
72,509
Weston
68,305
West Park
15,229
Wilton Manors
11,560
Total Incorporated
1,938,296
Unincorporated Area
17,079
Total County
1,955,375
3. This 2022 Amendment shall be effective as of the date it is executed by the County
after having previously been executed by 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 2022 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 2022 Amendment and
the Interlocal Agreement, as previously amended, the Parties acknowledge that this 2022
Amendment shall control.
6. This 2022 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.]
GaxTax3_2022 Amendment Page 4 of 36
IN WITNESS WHEREOF, the Parties have made and executed this 2022
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 5th, 2022,
and each Municipality, signing by and through the official indicated on each signature
page, duly authorized to execute same.
WITNESSES:
Print Name:
Print Name:
COUNTY
Broward County, by and through
its County Administrator
C-
Monica Cepero
County Administrator
day of 120
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
M
Annika E. Ashton (Date)
Deputy County Attorney
GaxTax3_2022 Amendment Page 5 of 36
2022 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
WITNESSES:
ATTEST:
0
MUNICIPALITY
Municipality: DANIA BEACH
Mayor -Commissioner
day of , 20
Municipal Clerk Municipal Manager
(CORPORATE SEAL)
day of 120
APPROVED AS TO FORM:
1z
Municipal Attorney
GaxTax3_2022 Amendment Page 9 of 36