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HomeMy WebLinkAboutR-2019-014 Urging Amendment of Transportation System Surtax ILARESOLUTION NO. 2019-014 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, URGING THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS TO AMEND THE TRANSPORTATION SYSTEM SURTAX INTERLOCAL AGREEMENT AMONG BROWARD COUNTY AND MUNICIPALITIES IN BROWARD COUNTY, TO PROVIDE THAT THE MUNICIPALITIES' ALLOCATED SHARE OF NO LESS THAN TEN PERCENT OF THE PROCEEDS OF THE TRANSPORTATION SURTAX WILL BE DISTRIBUTED TO THE MUNICIPALITIES PRO RATA BASED UPON POPULATION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 5, 2018 the Broward County Board of County Commissioners voted to place on the November 6, 2018 ballot, for consideration by the countywide electorate, a proposed transportation surtax levy of one percent (1%); and WHEREAS, on August 21, 2018, the Broward County Board of Commissioners approved the Transportation System Surtax Interlocal Agreement (the "Agreement") and requested that municipalities in the County approve the Agreement; and WHEREAS, pursuant to the Agreement, the County has committed for each applicable year during which Transportation Surtax Proceeds are received by the County, an amount equal to no less than ten percent (10%) of the Transportation Surtax Proceeds received by the County that year, less the amount directly paid from Transportation Surtax Proceeds for Community Bus Service, to be used to fund Submitted Municipal Projects in the order of ranking by the MPO, with the highest -ranked project receiving the first funding; and WHEREAS, the Agreement became effective when, prior to September 30, 2018, the municipalities representing a majority of the population of Broward County formally approved, executed, and returned the executed Agreement to the County; and WHEREAS, on September 25, 2018, the City Commission adopted Resolution No. 2018-135, approving the Agreement; and WHEREAS, on November 6, 2018, the voters of Broward County approved the Transportation Surtax; and WHEREAS, the City Commission urges the Broward County Board of County Commissioners to amend the Agreement to provide that the municipalities' allocated share of no less than ten percent (10%) of the proceeds of the transportation surtax will be distributed to the municipalities pro rata based upon population; and WHEREAS, changing the methodology is the only way to ensure that municipalities will each have a guaranteed revenue stream that can be used to issue bonds and undertake major projects; and WHEREAS, changing the methodology ensures equity among all of the municipalities, because residents of every municipality are paying higher sales tax, and therefore, should be guaranteed some projects in their respective municipality; and WHEREAS, the proposed amendment to the Agreement respects the home rule authority of each municipalities' elected officials as they should have the right to decide which projects should be funded in their municipality; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct, and they are made a specific part of and incorporated into this Resolution by this reference. Section 2: That the City Commission urges the Broward County Board of County Commissioners to amend the Transportation System Surtax Interlocal Agreement to provide that the municipalities' allocated share of no less than ten percent of the proceeds of the transportation surtax will be distributed to the municipalities pro rata based upon population. Section 3: That the City Clerk is directed to transmit a copy of this Resolution to Broward County and all the municipalities in Broward County. Section 4: That the proper City officials are authorized to execute all necessary documents and to take any necessary action to effectuate the intent of this Resolution. Section 5: That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6: That this Resolution shall be in full force and take effect immediately upon its passage and adoption. 2 RESOLUTION #2019-014 PASSED AND ADOPTED on February 12,2019. ATTEST: THOMAS SCHNEIDER, CITY CLERK APPROVED AS TOTORM THOMAS J. CITY ATTO LORI LEWELLEN MAYOR CORRECTNESS: 3 RESOLUTION #2019-014