CITY OF NORTH LAUDERDALE

FINANCE DEPARTMENT

 

To:                  Honorable Mayor and City Commission

 

From:              Richard D. Sala, City Manager

 

By:                  Steven Chapman II, Finance Director

 

Date:               April 28, 2009

 

Subject:           2009 Amendment to Interlocal Agreement between Broward County and City of North Lauderdale providing for Division and Distribution of the Proceeds from the Broward County Additional Local Option Gas Tax on Motor Fuel Ordinance – (Three-Cent)

 

The City receives its allocation of “additional” local option gas taxes through an interlocal agreement with Broward County.  City use of gas tax funds is restricted to our local streets and transportation corridors – some of which is further restricted toward use for capital streets projects.  The County revises this tax revenue allocation annually to reflect changes in the population of Broward County municipalities.

 

The County’s revised gas tax allocation to municipalities, including that of the City’s, is reflected in the attached 2009 Amendment to Interlocal Agreement.  The “additional” (three-cent) local option gas tax adopted in 1993 (amended in 2008) provided for Cities to receive a total of 51.27% of three cents of gas tax.  These additional local option gas taxes may only be used by the City to meet the requirements of Capital Improvement Element of an adopted Comprehensive Plan.

 

The City’s collection of local option gas taxes will be an allocation of 1.241909% based on the City’s population of 42,287, as stated in the most current edition of “Florida Estimates of Population,” published by the Bureau of Economics and Business Research, Population Division, University of Florida. In FY 2008, the City’s share of revenue was $269,981 and we are anticipating approximately the same amount this year.

 

Recommendation:

 

The City Administration recommends Commission’s consideration and approval of the attached resolution authorizing the City Manager to execute 2009 (three cent) Amendment to Interlocal Agreement between the City and the County and providing for division and distribution of the proceeds from the Broward County Additional Local Option Gas Tax on Motor Fuel Ordinance.

RESOLUTION NO. ______________

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, ACCEPTING AND OTHERWISE AUTHORIZING THE CITY MANAGER OF THE CITY OF NORTH LAUDERDALE, FLORIDA, ON BEHALF OF SAID CITY, TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED YEAR 2009 (THREE CENT) AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN NORTH LAUDERDALE AND BROWARD COUNTY PROVIDING FOR THE DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND, PROVIDING AN EFFECTIVE DATE.

 

BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA:

 

Section 1:         That the City Commission of the City of North Lauderdale, Florida, accepts and authorizes the City Manager of the City of North Lauderdale, Florida, on behalf of said City to execute and otherwise enter into the attached Year 2009 (three cent) Amendment to Interlocal Agreement between North Lauderdale and Broward County providing for the division and distribution of proceeds from the Broward County Additional Local Option Gas Tax on Motor Fuel Ordinance.

 

Section 2:         That the City Manager of the City of North Lauderdale, Florida, be and the same is hereby authorized to do all things necessary and expedient in order to effectuate the execution of the agreement described in Section 1 above, and to carry out the aims of this Resolution and said Agreement.

 

Section 3:       That this Resolution shall take effect immediately upon adoption.

 

PASSED and ADOPTED by the City Commission of the City of North Lauderdale, Florida, this 28th day of April, 2009.

 

APPROVED AS TO FORM:

 

___________________________________

CITY ATTORNEY SAMUEL S. GOREN

                                                                                    ______________________________

                                                                                    MAYOR JACK BRADY

 

 

                                                                                    ______________________________

                                                                                    VICE MAYOR JOHN R. CANGEMI

ATTEST:

 

__________________________________

INTERIM CITY CLERK PATRICIA VANCHERI

2009 AMENDMENT

 

to

 

INTERLOCAL AGREEMENT

 

between

 

BROWARD COUNTY

 

and

 

CITY OF NORTH LAUDERDALE

 

providing for

 

DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE

 

            This 2009 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 NORTH LAUDERDALE, a municipal corporation, existing under the laws of the state of Florida, hereinafter referred to as "MUNICIPALITY."

 

            IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth and pursuant to the authorization of paragraph (1)(b)(2) of Section 336.025, Florida Statutes, the COUNTY and MUNICIPALITY agree as follows:

 

1.         Paragraph 2 of the Interlocal Agreement, as previously amended, is hereby amended to read as follows:

 

2.         Forty-eight and Seventy-three One-hundredths percent (48.73%) of the total proceeds from the Broward County Additional Local Option Gas Tax on Motor Fuel Ordinance shall be distributed to the COUNTY and the remaining Fifty-one and Twenty-seven One-hundredths percent (51.27%) of the total proceeds shall be divided among and distributed to the eligible municipalities within the COUNTY as follows:

 

Population of Individual Municipality  x  51.27% =

Total Incorporated Area Population          

 

Recipient

FY 2010 Percent
Share of Proceeds

Coconut Creek

1.415359%

Cooper City

0.883230%

Coral Springs

3.786489%

Dania

0.834802%

Davie

2.707987%

Deerfield Beach

2.150572%

Fort Lauderdale

5.298090%

Hallandale

1.122819%

Hillsboro Beach

0.065316%

Hollywood

4.204757%

Lauderdale-by-the-Sea

0.171865%

Lauderdale Lakes

0.946138%

Lauderhill

1.898237%

Lazy Lake

0.001204%

Lighthouse Point

0.323642%

Margate

1.591189%

Miramar

3.308839%

North Lauderdale

1.241909%

Oakland Park

1.240558%

Parkland

0.700000%

Pembroke Park

0.180940%

Pembroke Pines

4.456592%

Plantation

2.516534%

Pompano Beach

2.938560%

Sea Ranch Lakes

0.021439%

Southwest Ranches

0.249310%

Sunrise

2.645550%

Tamarac

1.757856%

Weston

1.823436%

West Park

0.407078%

Wilton Manors

0.379703%

Total Incorporated

51.270000%

 

 

 

 

 

 

 

 

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 Broward County Additional Local Option Gas Tax on Motor Fuel Ordinance, shall be adjusted annually based on the current "Florida Estimates of Population."

 

For the purpose of this Agreement, the following population figures are hereby agreed upon:

                                                                       

Recipient

FY 2010 Population

Coconut Creek

48,193

Cooper City

30,074

Coral Springs

128,930

Dania

28,425

Davie

92,207

Deerfield Beach

73,227

Fort Lauderdale

180,400

Hallandale

38,232

Hillsboro Beach

2,224

Hollywood

143,172

Lauderdale-by-the-Sea

5,852

Lauderdale Lakes

32,216

Lauderhill

64,635

Lazy Lake

41

Lighthouse Point

11,020

Margate

54,180

Miramar

112,666

North Lauderdale

42,287

Oakland Park

42,241

Parkland

23,835

Pembroke Park

6,161

Pembroke Pines

151,747

Plantation

85,688

Pompano Beach

100,058

Sea Ranch Lakes

730

Recipient

FY 2010 Population

Southwest Ranches

8,489

Sunrise

90,081

Tamarac

59,855

Weston

62,088

West Park

13,861

Wilton Manors

12,929

Total Incorporated

1,745,744

 

 

Unincorporated Area

12,750

 

 

Total County

1,758,494

           

 

3.         This 2009 Amendment to Interlocal Agreement 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 and Broward County have executed this Interlocal Agreement prior to June 1, 2009.

 

4.         In the event this 2009 Amendment to Interlocal Agreement or a portion of this 2008 Amendment to Interlocal Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless COUNTY or MUNICIPALITY elects to terminate this Agreement.  The election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final.

 

5.         Except to the extent amended, the Agreement shall remain in full force and effect.  In the event of any conflict between the terms of this 2009 Amendment and the Agreement and/or any prior Amendment to the Agreement, the parties hereby agree that this document shall control.

 

6.         This 2009 Amendment to Interlocal Agreement 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.]

            IN WITNESS WHEREOF, the parties have made and executed this 2009 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 Mayor or Vice Mayor, authorized to execute same by Board action, and MUNICIPALITY, signing by and through its Mayor-Commissioner, duly authorized to execute same.

 

COUNTY

 

ATTEST:                                                                    BROWARD COUNTY, through its

                                                                                    BOARD OF COUNTY COMMISSIONERS

 

______________________________

County Administrator and    Ex-Officio                   By _____________________________

Clerk of the Board of County                                                                                   Mayor

Commissioners of Broward County,

Florida                                                                        ____ day of ________________, 2009.

 

                                                                                    Approved as to form by

                                                                                    Office of County Attorney

                                                                                    Broward County, Florida

                                                                                    Jeffrey J. Newton, County Attorney

                                                                                    Governmental Center, Suite 423

                                                                                    115 South Andrews Avenue

                                                                                    Fort Lauderdale, Florida 33301

                                                                                    Telephone:   (954) 357-7600

                                                                                    Telecopier:  (954) 357-6968

 

 

                                                                                    By ___________________________

                                                                                                Al A. DiCalvo

                                                                                                Assistant County Attorney

 

2009 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF «Municipality» PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE

 

 

MUNICIPALITY

 

WITNESSES:                                                            CITY OF NORTH LAUDERDALE

 

 

_________________________                            By _____________________________

                                                                                                Mayor-Commissioner

 

 

_________________________                            ____ day of ________________, 2009.

 

ATTEST:

 

 

By ______________________                             ________________________________

            Municipal Clerk                                                                     Municipal Manager

 

                                                                                    ____ day of ________________, 2009.

 

            (CORPORATE SEAL)

                                                                                    APPROVED AS TO FORM:

 

                                                                                    By _____________________________

                                                                                                Municipal Attorney

 

 

 

 

 

 

 

 

AAD:dmv

4/14/2009

GASTAX3_2009.doc«Municipality»