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 of the Local Option Gas Tax Imposed by the Broward County Local Option Gas Tax Ordinance – (Six-Cent)

 

The City receives its allocation of 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 to annually to reflect changes in the population of Broward municipalities.

 

The County’s revised gas tax allocation to municipalities, including that of the City’s, is reflected in the 2009 Amendment to Interlocal Agreement attached.  The amendment covers allocation of the County’s original (six-cent) local option gas tax that provides for all Cities in Broward County to receive a total of 37.5% of the proceeds of six cents of gas tax. The City utilizes this revenue source for the maintenance and general improvements of the City’s roadways.

 

The City’s collection of local option gas taxes will be an allocation of 0.908359% 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 $435,559 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 (six cent) Amendment to Interlocal Agreement between the City and the County and providing for division and distribution of the proceeds of the Local Option Gas Tax Imposed by the Broward County Local Option Gas Tax 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 (SIX CENT) AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN NORTH LAUDERDALE AND BROWARD COUNTY PROVIDING FOR THE DIVISION AND DISTRIBUTION OF THE PROCEEDS OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX 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 (six cent) Amendment to Interlocal Agreement between North Lauderdale and Broward County providing for the division and distribution of proceeds of the Local Option Gas Tax imposed by the Broward County Local Option Gas Tax 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 OF THE LOCAL OPTION GAS

TAX IMPOSED BY THE BROWARD COUNTY

LOCAL OPTION GAS TAX ORDINANCE

 

 

            This is the 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)(a), 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)(a), 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 the 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, 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 and the prior amendments, 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, COUNTY and MUNICIPALITY agree as follows:

 

1.         Paragraph 2 of the Interlocal Agreement, as amended by the Addendum thereto and the prior amendments, is amended to read as follows:

 

2.         Sixty-two and Five tenths percent (62.5%) of said Local Option Gas Tax proceeds shall be distributed to the COUNTY, and the remaining Thirty-seven and Five tenths 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

FY 2010 Percent
Share of Proceeds

Coconut Creek

1.035225%

Cooper City

0.646013%

Coral Springs

2.769521%

Dania

0.610592%

Davie

1.980681%

Deerfield Beach

1.572975%

Fort Lauderdale

3.875139%

Hallandale

0.821254%

Hillsboro Beach

0.047773%

Hollywood

3.075451%

Lauderdale-by-the-Sea

0.125706%

Lauderdale Lakes

0.692026%

Lauderhill

1.388412%

Lazy Lake

0.000881%

Lighthouse Point

0.236719%

Margate

1.163830%

Miramar

2.420157%

North Lauderdale

0.908359%

 

Recipient

FY 2010 Percent
Share of Proceeds

Oakland Park

0.907371%

Parkland

0.511995%

Pembroke Park

0.132343%

Pembroke Pines

3.259649%

Plantation

1.840648%

Pompano Beach

2.149327%

Sea Ranch Lakes

0.015681%

Southwest Ranches

0.182351%

Sunrise

1.935013%

Tamarac

1.285734%

Weston

1.333701%

West Park

0.297746%

Wilton Manors

0.277727%

Total Incorporated

37.500000%

 

 

 

2.         The population figures set forth herein are based on the most current edition of Florida Estimates of Population, published by the Bureau of Economics and Business Research, Population Division, University of Florida.   In accordance with the population figures, paragraph 3 of the Interlocal Agreement, as amended by the Addendum thereto and the prior amendments, is amended to read as follows:

 

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

Recipient

FY 2010 Population

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

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.         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 prior amendments, the parties hereby agree that this document shall control.

 

4.         This 2009 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 and Broward County have executed this 2009 Amendment prior to June 1, 2009.

 

5.         This 2009 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 the event a portion of this 2009 Amendment is found by a court of competent jurisdiction to be invalid, the remaining portions shall continue to be effective.

 

 

            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 NORTH LAUDERDALE PROVIDING FOR DIVISION AND DISTRIBUTION OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX 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

GASTAX6_2009.doc«Municipality»