HomeMy WebLinkAboutR-2023-019 Broward County 5 Cents Gas Tax executedRESOLUTION NO.2023-019
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE EXECUTION BY THE PROPER
CITY OFFICIALS OF THE 2023 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 2023 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 2023 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 February 28, 2023.
ATTEST:
THOMAS SCHNEIDER, CMC a ARCIIIB J. R AN IV
CITY CLERK `i aP MAYOR
4�'ISHE®
APPROVED AS TO FORM AND CORRECTNESS:
2 RESOLUTION #2023-019
INTERLOCAL AGREEMENT
REGARDING REESTABLISHING AND PROVIDING FOR DIVISION AND
DISTRIBUTION OF AN ADDITIONAL ONE -CENT ($0.01) LOCAL OPTION GAS TAX
(FIFTH CENT) ON EVERY GALLON OF MOTOR 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") (the County
and Municipalities are collectively referred to as the "Parties").
RECITALS
A. Section 336.025, Florida Statutes, as amended, authorizes the County to establish
an additional one -cent ($0.01) local option gas tax (commonly referred to as the "Fifth Cent") on
every gallon of motor 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.
B. The Parties desire that the current additional one -cent ($0.01) local option gas tax
expiring December 31, 2031, established by the Board of County Commissioners in Ordinance
No. 2000-25 ("Prior Ordinance"), be reestablished, reimposed, and relevied through December 31,
2053, 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. Puraose of Agreement: The purpose of this Agreement is to reestablish the additional
one -cent ($0.01) local option gas tax to be used for transportation expenditures and to
allocate the proceeds of this local option gas tax among the Parties as set forth herein.
3. Termination of Prior Agreement: The Interlocal Agreement between the County and the
Municipalities for Division and Distribution of the Proceeds from the Broward County
Fifth Cent Additional Local Option Gas Tax on Motor Fuel executed by the Parties in
connection with the Prior Ordinance is terminated effective 11:59 p.m. on December 31,
2023.
4. Distribution of Proceeds: The Parties agree to divide the proceeds of the additional one -
cent ($0.01) local option gas tax according to the following distribution formula: Seventy-
four percent (74%) to the County, and Twenty-six percent (26%) to the Municipalities.
4.1 The allocation of proceeds to the Municipalities will be based upon the annual Bureau
of Economic and Business Research (`BEBW') population figures as of April 1 of each
year.
4.2 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.
4.3 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.
5. Effective Date: Pursuant to Section 336.025(1)(b)l, Florida Statutes, the additional one -
cent ($0.01) local option gas tax and this Agreement shall become effective, and continue
uninterrupted, from and including January 1, 2024, through and including December 31,
2053, a term of thirty (30) years.
6. Notices: Whenever any Party desires to give notice to any other Party or Parties, such
notice must be in writing mailed and sent by e-mail 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.
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 the respective successors and
assigns.
8. Termination Resulting from Judicial Determination: If, as a result of a judicial ruling,
any Party properly terminates this Agreement, the distribution of the proceeds of the local
option gas tax for the following year shall be in accordance with Section 336.025(4)(a),
Florida Statutes, as amended.
9. Prior Agreements: This Agreement represents the final and complete understanding of
the Parties and incorporates, includes, and supersedes all prior negotiations,
correspondence, conversations, agreements, or 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.
10. 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.
11. Counterparts: This Agreement may be executed in any number of counterparts, whether
signed physically or electronically, each of which, when executed and delivered, shall
constitute an original, but such counterparts shall together constitute one and the same
instrument.
12. Further Assurances: The Parties shall execute all such instruments, and agree to take all
such further actions, that may be reasonably required by any Party to fully effectuate the
terms and provisions of this Agreement.
13. 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.
14. 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.
c
IN WITNESS WHEREOF, the Parties hereto have made and executed this Interlocal Agreement:
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 the day
of , 20_, and MUNICIPALITIES, signing by and through their
representative authorized to execute same pursuant to formal action taken on the date indicated on
the respective signature pages.
ATTEST:
Broward County Administrator, as
ex officio Clerk of the Broward County
Board of Commissioners
Designated Address for Notices:
Monica Cepero at mceperokbroward.org
Broward County Administrator
Governmental Center, Room 409
Fort Lauderdale, Florida 33301
Attention: County Administrator
COUNTY
BROWARD COUNTY, by and through its
Board of County Commissioners
M
day of 2022
Approved as to form by
Andrew J. Meyers
Broward County Attorney
115 South Andrews Avenue, Suite 423
Fort Lauderdale, FL 33301
Telephone: (954)357-7600
Telecopier: (954) 357-7641
Kristin M. Carter (Date)
Assistant County Attorney
With a copy to:
Andrew Meyers at ameyersgbroward.oig By
County Attorney
Governmental Center, Room 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
KMC/sr
12/30/2022
Fifth Cent Local Option Gas Tax tLA.doc
#617186
Annika E. Ashton (Date)
Deputy County Attorney
INTERLOCAL AGREEMENT REGARDING REESTABLISHING AND PROVIDING
FOR DIVISION AND DISTRIBUTION OF AN ADDITIONAL ONE -CENT ($0.01)
LOCAL OPTION GAS TAX (FIFTH CENT) ON EVERY GALLON OF MOTOR FUEL
SOLD IN BROWARD COUNTY
Mayor
CITY OF DANIA BEACH, through its City Commission, signing by and through its
or Vice -Mayor, authorized to execute the same by Board action on the
day of 20
ATTEST:
CITY CLERK
CITY
CITY OF DANIA BEACH, a municipal
corporation
CITY MAYOR
Print Name
day of 20
I HEREBY CERTIFY that I have approved this
Agreement as to form and legal sufficiency
subject to execution by the parties:
City Attorney
Designated Address for Notices (include e-mail address(es)):
H