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Home My WebLink AboutR-2022-071 Broward County 5 Cents Gas TaxRESOLUTION NO.2022-071 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 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"; 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. WHEREAS, Section 336.025(1)(b), Florida Statutes, authorizes counties to extend the levy of the additional fifth -cent ($0.05) local option gas tax upon every gallon of motor fuel sold in the applicable county for a period not to exceed thirty (30) years on a majority vote of the governing body of the County; and WHEREAS, on June 13, 2000, the Broward County 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 additional fifth - cent (40.05) local option gas 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 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 4 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 utilizing 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 Five (5) Cent Local Option Gas Tax on Motor Fuel For Transit, in substantial form as Exhibit "A", attached, is approved and the appropriate 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 on May 10, 2022. ATTEST: (' THOMAS SCHNEIDER, CMC CITY CLERKq$� ISHEQ APPROVED AS TO FORM AND CORRECTNESS: Y BO(TTSIS ATTORNEY 2 RESOLUTION #2022-071 EXHIBIT 2 2022 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL FIFTH -CENT LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT 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 counties to extend the levy of the additional fifth -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. On June 13, 2000, the Broward County 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 additional fifth -cent local option gas 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 4 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 utilizing 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 Section 336.025(1)(b), Florida Statutes, the County and Municipalities agree as follows: 1. Section 2.1 of the Interlocal Agreement, as previously amended, is hereby amended to read as follows: 2.1 Seventy-four percent (74%) of the total proceeds from the additional fifth -cent local option gas tax shall be distributed to the County. The remaining twenty-six percent (26%) shall be distributed to the eligible municipalities in the County as follows: Population of Each Eligible Municipality Total County Incorporated Area X 26.0000% Population Recipient BEBR Population 4/1 /21 FY23 Percent Share of Proceeds Coconut Creek 57,871 0.776273% Cooper City 34,397 0.461396% Coral Springs 134,558 1.804940% Dania Beach 31,837 0.427057% Davie 106,199 1.424537% Deerfield Beach 87,106 1.168426% Fort Lauderdale 186,076 2.495994% Hallandale Beach 41,157 0.552074% Hillsboro Beach 1,986 0.026640% Hollywood 153,854 2.063774% Lauderdale -by -the -Sea 6,203 0.083206% Lauderdale Lakes 36,647 0.491577% Lauderhill 74,538 0.999841 % Lazy Lake 33 0.000442% Lighthouse Point 10,499 0.140832% Margate 58,714 0.787580% Miramar 136,007 1.824377% North Lauderdale 44,855 0.601678% Oakland Park 44,296 0.594180% Parkland 35,440 0.475387% Pembroke Park 6,222 0.083461 % Pembroke Pines 170,857 2.291849% Plantation 92,628 1.242498% Pompano Beach 113,144 1.517696% Sea Ranch Lakes 535 0.007176% Southwest Ranches 7,675 0.102951 % Sunrise 97,359 1.305958% Tamarac 72,509 0.972624% Weston 68,305 0.916233% West Park 15,2291 0.204279% Wilton Manors 1 11,5601 0.155064% Total Incorporated 1,938,296 26.000000% GaxTax 5 2022 Amendment Page 2 of 35 BEBR FY23 Percent Population Share of Recipient 4/1 /21 Proceeds Unincoroorated Area 1 17.079 Total County 1 1,955,375 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 additional fifth -cent local option gas tax shall be adjusted annually based on the current Florida Estimates of Population. 2. This 2022 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. 3. 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. 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 2022 Amendment and the Interlocal Agreement, as previously amended, the Parties acknowledge that this 2022 Amendment shall control. 5. 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.] GaxTax 5 2022 Amendment Page 3 of 36 IN WITNESS WHEREOF, the Parties hereto 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 :J Monica Cepero County Administrator 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 Z Annika E. Ashton (Date) Deputy County Attorney GaxTax 5 2022 Amendment Page 4 of 35 2022 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL FIFTH -CENT LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT �iTl ��i; l_x•Y+�•� ATTEST: Municipal Clerk (CORPORATE SEAL) MUNICIPALITY Municipality: DANIA BEACH LA M Mayor -Commissioner day of , 20 Municipal Manager day of , 20 APPROVED AS TO FORM: as Municipal Attorney GaxTax 5 2022 Amendment Page 8 of 35