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 Fifth Cent Additional Local Option Gas Tax on Motor Fuel for Transit.

 

The City receives its allocation of Motor Fuel Tax Credit through an interlocal agreement with Broward County.  City’s use of this revenue source is unrestricted.  The amount that the City receives is based on sales of motor fuel as determined by a distribution formula.  The County revises this tax revenue allocation annually to reflect changes in the population of Broward County municipalities.

 

The County’s revised Motor Tax Credit allocation to municipalities, including that of North Lauderdale, is reflected in the attached 2009 Amendment to Interlocal Agreement.  The “transit gas tax” adopted in 2000 provides for the Cities to receive a total of 26% of the proceeds of the “fifth cent” of gas tax.

 

The City’s collection of the local option gas tax on Motor Fuel for Transit will be an allocation of 0.629796% based on the City’s population of 42,278, 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 $47,786 and we are anticipating approximately the same amount for this year.

 

Recommendation:

 

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

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 (FIFTH CENT) AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN NORTH LAUDERDALE AND BROWARD COUNTY PROVIDING FOR THE DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT; 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 (fifth cent) Amendment to Interlocal Agreement between North Lauderdale and Broward County providing for the division and distribution of proceeds from the Broward County Fifth Cent Additional Local Option Gas Tax on Motor Fuel for Transit.

 

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 FIFTH CENT ADDITIONAL

LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT

 

            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."

 

            WHEREAS, Section 336.025(1)(b), Florida Statutes, authorizes the counties to extend the levy of the five (5) 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 13, 2000, the 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 fifth-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 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; and

 

            WHEREAS, paragraph 4 of 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 payments hereinafter set forth and pursuant to Section 336.025(1)(b), Florida Statutes, for transportation expenditures set forth in Section 336.025(7)(a), Florida Statutes, the COUNTY and MUNICIPALITY agree as follows:

 

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

 

2.1       Forty-eight percent (48%) of said proceeds shall be distributed to the COUNTY.  The remaining Fifty-two percent (52%) shall be distributed to the eligible municipalities in the following manner:

 

2.1.1   Twenty-six percent (26%) shall be distributed to the eligible municipalities based on population as follows:

 

                        Population of Individual CITY 

                        Total incorporated area Population    X     26.0000%

                                               

 

Recipient

FY 2010 Population

FY 2010 Percent
Share of Proceeds

Coconut Creek

48,193

0.717756%

Cooper City

30,074

0.447903%

Coral Springs

128,930

1.920201%

Dania

28,425

0.423344%

Davie

92,207

1.373272%

Deerfield Beach

73,227

1.090596%

Fort Lauderdale

180,400

2.686763%

Hallandale

38,232

0.569403%

Hillsboro Beach

2,224

0.033123%

Hollywood

143,172

2.132313%

Lauderdale-by-the-Sea

5,852

0.087156%

Lauderdale Lakes

32,216

0.479805%

Lauderhill

64,635

0.962633%

Lazy Lake

41

0.000611%

Lighthouse Point

11,020

0.164125%

Margate

54,180

0.806922%

Miramar

112,666

1.677976%

North Lauderdale

42,287

0.629796%

Recipient

FY 2010 Population

FY 2010 Percent
Share of Proceeds

Oakland Park

42,241

0.629111%

Parkland

23,835

0.354983%

Pembroke Park

6,161

0.091758%

Pembroke Pines

151,747

2.260023%

Plantation

85,688

1.276183%

Pompano Beach

100,058

1.490200%

Sea Ranch Lakes

730

0.010872%

Southwest Ranches

8,489

0.126430%

Sunrise

90,081

1.341609%

Tamarac

59,855

0.891442%

Weston

62,088

0.924700%

West Park

13,861

0.206437%

Wilton Manors

12,929

0.192554%

 

1,745,744

 

Total Incorporated

 

26.000000%

 

12,750

 

Unincorporated Area

 

 

 

 

 

Total County

1,758,494

 

 

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 Fifth Cent, shall be adjusted annually based on the current Florida Estimates of Population.

 

2.1.2   Twenty-six percent (26%) shall be distributed by COUNTY to the Municipalities by grant agreement for Community Shuttle Services.

 

2.         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.

 

3.         In the event this 2009 Amendment to Interlocal Agreement or a portion of this 2009 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.

 

4.         All provisions of the Interlocal Agreement and any prior Amendment, not in conflict with this 2009 Amendment to Interlocal Agreement, shall remain in full force and effect.

 

5.         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 «Municipality» PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT

 

 

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

4/14/2009

GASTAX5_2009.doc«Municipality»