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HomeMy WebLinkAbout1993-07 10th Amendment to Interlocal Agreement for Option Gas TaxRESOLUTION NO. 93 - 7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, AUTHORIZING THE CITY OFFICIALS TO EXECUTE THE TENTH AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF PARKLAND AND BROWARD COUNTY PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE WHEREAS, the City Commission of the City of Parkland finds and determines that it is in the best interest of the citizens of the City to execute the Tenth Amendment to the Interlocal Agreement with Broward County for the division and distribution of the proceeds of the local option gas tax imposed by the Broward County Local Option Gas Tax Ordinance: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, THAT: Section 1. The appropriate officials are hereby authorized to execute the attached amended Agreement between the City of Parkland, Florida and Broward County. Section 2. That this Resolution shall be in full force and effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 3 DAY OF MARCH SUSAN ARMSTRONG., CMC, CCLERK , 1993. SA PAGLIARA, YOR BROWARD COUNTY Public Works Department 115 S. Andrews Avenue, Room 514 Fort Lauderdale, FL 33301 (305) 357-6410 • FAX (305) 357-6411 April 23, 1993 Ms. Susan Armstrong City Clerk 6500 Parkside Drive Parkland, Florida 33067 Dear Ms. Armstrong: Enclosed please find one fully executed Tenth Amendment to Interlocal Agreement between Broward County and each municipality, providing for division and distribution of the proceeds of the Local Option Gas Tax imposed by the Broward County Local Gas Tax Ordinance - for your files. If we can be of further assistance, please call. Sincerely, Eileen J. Steigerwald Public Works Department /e Enclosure BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS - An Equal Opporuntly Employer and Provider of Services Scott I. Cowan Suzanne N. Gunzburger John P. Hart Lori Nance Parrish Sylvia Poirier John E. Rodstrom, Jr. Gerold F. Thompson Ws',. Building A Futuro For Your Family. And Your Business. TENTH AMENDMENT to INTERLOCAL AGREEMENT Between BROWARD COUNTY and CITY OF PARKLAND Providing for DIVISION AND DISTRIBUTION OF THE PROCEEDS OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE TENTH AMENDMENT to INTERLOCAL AGREEMENT Between BROWARD COUNTY and CITY OF PARKLAND Providing for DIVISION AND DISTRIBUTION OF THE PROCEEDS OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE This is the Tenth Amendment to Interlocal Agreement, made and entered into by and between: BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY," AND CITY OF PARKLAND, a municipal corporation, existing under the laws of the state of Florida, hereinafter referred to as "CITY." WHEREAS, Section 336.025(1)(b), Florida Statutes, authorizes the counties to extend the levy of the six (6) cent local option gas tax upon every gallon of motor fuel and special 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; and WHEREAS, on June 14, 1988, the Board of County Commissioners enacted Ordinance No. 88-27, effective September 1, 1988, through August 31, 2018, pursuant to Section 336.025(1)(b), Florida Statutes, extending the levy of the six cent local option gas tax for thirty years and providing for a method of distribution of the proceeds of the tax; and WHEREAS, pursuant to said ordinance, the method for distribution of the proceeds is the execution of an interlocal -2- agreement with one or more of the municipalities representing a majority of the population of the incorporated area within the county which establishes the distribution formulas for dividing the proceeds of the tax among the county and all eligible municipalities within the county, as set forth in Section 336.025(3)(a)1., Florida Statutes; and WHEREAS, paragraph 4 of the Interlocal Agreement, as amended by the Addendum to the Interlocal Agreement, requires annual adjustment of 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, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and premises hereinafter set forth, COUNTY and CITY agree as follows: 1. Paragraph 2 of the Interlocal Agreement, as amended by the Addendum thereto and the Ninth Amendment to Interlocal Agreement, is amended to read as follows: 2. Sixty-two and one-half percent (62.5%) of said Local Option Gas Tax proceeds shall be distributed to the COUNTY, and the remaining thirty-seven and one-half percent (37.5%) shall be divided among and distributed to the eligible municipalities within the COUNTY as follows: population of Individual Municipality x 37.5% = Total Incorporated Area Population Recipient Coconut Creek Cooper City Coral Springs Dania Davie Share of Proceeds 0.984519% .73G2GG$ 0.785903% 0.979079* 2.832169% 0.5543QQ%_ 1.648870% Deerfield Beach Fort Lauderdale Hallandale 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 Sunrise Tamarac Wilton Manors' 1.55326t% 4.955511% 1.020702% Z . V VJf.V V v • • V. • • 6-7-9-205+84 • • 1.552449% 4.844939% 1.014833% 0.057282% 4.045027% 0.097569% 0.904731% 1.641488% 0.001181% 0.340902% 1.454879% 1.373714% 0.871169% 0.905354% 0.209476% 0.160100% 2.326344% 2.314369% 2.384150% 0.020308% 2.269849% 1.521446% 0.382601% 37.500000% 2. 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, paragraph 3, of the Interlocal Agreement, as amended by the Addendum thereto and the Ninth Amendment to Interlocal Agreement, is amended to read as follows: Recipient Coconut Creek Cooper City Coral Springs Dania Davie Deerfield Beach Fort Lauderdale Hallandale Hillsboro Beach Hollywood Lauderdale -by -the -Sea Lauderdale Lakes Lauderhill Lazy Lake Lighthouse Point Margate Miramar North Lauderdale population ,423 30,009 23,955 49,033 4G,G40 140,000 50,051 Mr 43,5G2 41, 86,327 16,898 50.259 47.320 147,678 30,933 1,746 123.296 2,974 27,577 50,034 10,391 44,346 41,872 26,554 Oakland Park Parkland Pembroke Park Pembroke Pines Plantation Pompano Beach Sea Ranch Lakes Sunrise Tamarac Wilton Manors Total Incorporated Broward County (Unincorporated) Total County 26,500 5,429 1 0 1 ,27©,304 27,596 6,385 4,880 70,909 70.544 72,671 5.12 69.187 46,375 11,662 1,143,033 151,057 1,294,090 3. Ail provisions of the Interlocal Agreement and the Addendum thereto, as amended, not in conflict with this Tenth Amendment shall remain in full force and effect. 4. This Tenth Amendment shall become effective on the date last executed by the parties hereto provided that those eligible municipalities representing a majority of the incorporated area population have executed this Tenth Amendment prior to June 1, 1993. 5. This Tenth Amendment may be simultaneously 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. -6- IN WITNESS WHEREOF, the parties have made and executed this Tenth Amendment to Interlocal Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chairman or Vice Chairman, utho ized to execute same by Board action on the day of , 1993, and CITY OF PARKLAND, signing by and through i s , duly authorized to execute same. COUNTY BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS ATTEST: nt nstx'!l r and Ex - Officio Clerk of the Board of County Commissioners of Broward County, Florida ��0 GO M M/Ss •• d . g 0 ; CREATf'D o •P T. U ' I OCT. lST ; `a a 1 ? o ' 1313 o; - ill. SIJ�'•Woo* r,,,00ss����� 1993. Approved as to form by Office of County Attorney Broward County, Florida JOHN J. COPELAN, JR., County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (305)357-7600 Telecsp• :(305 357-76 By -7- 'i 'moi 4001 ,J L SUAREZ-. VAS stant County Attorney TENTH AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF PARKLAND PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE WITNESSES: CITY CITY OF PARKLAND ATTEST: ".- City Clerk (CORPORATE SEAL) es 01/26/93 gastax.frm #92-214 3 day of MARCH 1993 By ity =nag -r APPROVED AS TO FORM: Y B City%rney City of Parkland 6500 Parkside Drive Parkland, Florida 33067 (305) 753-5040 Fax (305) 341-5161 March 10, 1993 Mr. Lee E. Billingsley, P.E. Director Broward County Office of Transportation 115 S. Andrews Avenue, Room 514 Fort Lauderdale, FL 33301 Re: Tenth Amendment to Interlocal Agreement Between Broward County and Each Municipality Providing for Division and Distribution of the Proceeds of the Local Option Gas Tax Imposed by the Broward County Local Gas Tax Ordinance Dear Mr. Billingsley: Enclosed please find three executed copies of the above referenced amendment. Once they have been executed by the County Commission I understand an original will be forwarded to us for our files. Thank you. Very truly yours, 4,7,1 Susan Armstrong, C.M.C. City Clerk Enclosures (3) SA:hl BRO ARD COUNTY Iic WoDepartment Officio of Transportation 115 S. Andrews Avenue, Room 514 Fort Lauderdale, FL 33301 (305) 357-6408 • FAX (305) 357-6411 February 1993 Harry Mertz, City Manager 6500 Parkside Drive Parkland, Florida 33067 Re: Tenth Amendment to Interlocal Agreement Between Broward County and Each Municipality Providing for Division and Distribution of the Proceeds of the Local Option Gas Tax Imposed by the Broward County Local Gas Tax Ordinance Dear Mr. Mertz: On June 14, 1988, the Broward County Board of County Commissioners approved a 30 -year extension of the six cent Local Option Gas Tax. The County Attorney's Office has prepared the necessary amendment to that Interlocal Agreement on an annual basis, which provides the distribution formula for the tax proceeds. Enclosed herewith, please find three (3) copies of the above referenced amendment. The amendment complies with the statutory requirement for the establishment of a distribution formula for the extended period, as well as incorporating the latest population figures prepared and published by the Bureau of Economic and Business Research of the University of Florida. In order to meet the statutorily imposed deadline of June 1, 1993, I would respectfully request that the governing body of your municipality take official action for approval and execution of this amendment as soon as possible. Upon execution, please return all three copies to this Office. Once they have been executed by the County Commission, I will return an original for your files. Thank you for your assistance in expediting these amendments. Sincerely, Lee E. Billingsley, P. Director, Office of Transportation /e Enclosures BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS - An Equal Opporlunily Employer and Provider of Services Scott I. Cowan Suzanne N. Gunzburger John P. Hort Lori Nance Parrish Sylvia Poilier John E. Rodstrom. Jr. Gerold F. Thompson We're Building A Futuro For Your Family. And Your Business. City of Parkland 6500 Parkside Drive Parkland, Florida 33067 (305) 753-5040 Fax (305) 341-5161 MEMORANDUM TO: ANDREW MAURODIS, CITY ATTORNEY FROM: SUSAN ARMSTRONG, CITY CLERK SUBJECT: TENTH AMENDMENT TO INTERLOCAL AGREEMENT DATE: MARCH 8, 1993 Enclosed are three copies of the subject agreement between Broward County and the City of Parkland providing for division and distribution of the proceeds of the local option gas tax imposed by the Broward County Local Option Gas Tax Ordinance. Please sign all three copies where designated and return all three copies to me for appropriate distribution. Attachments (3)