CITY OF NORTH LAUDERDALE

FINANCE DEPARTMENT

 

To:                  Honorable Mayor and City Commission

 

From:              Richard D. Sala, City Manager

 

By:                  Debra Sears, Finance Director

 

Date:               May 13, 2008

 

Subject:           2008 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 2008 Amendment to Interlocal Agreement.  The “additional” (three-cent) local option gas tax adopted in 1993 provided for Cities to receive a total of 51.26% of three cents of gas tax.  This amendment covers the allocation of the additional local option gas tax and further reflects an increase of the City’s share from 51.26% to 51.27%.  These additional local option gas taxes may only be used by the City to meet the requirements of  the Capital Improvement Element of the City’s adopted Comprehensive Plan.

 

The City’s collection of local option gas taxes will be an allocation of 1.237128% based on the City’s population of 42,269, 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 2007, the City’s share of revenue was $267,000 but we anticipate at least a five percent decrease this year.

 

Recommendation:

 

The City Administration recommends Commission’s consideration and approval of the attached resolution authorizing the Mayor and the City Manager to execute 2008 (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 MAYOR AND THE CITY MANAGER OF THE CITY OF NORTH LAUDERDALE, FLORIDA, ON BEHALF OF SAID CITY, TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED YEAR 2008 (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 Mayor and the City Manager of the City of North Lauderdale, Florida, on behalf of said City to execute and otherwise enter into the attached Year 2008 (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 13th day of May, 2008.

 

APPROVED AS TO FORM:

 

___________________________________

CITY ATTORNEY SAMUEL S. GOREN

                                                                                    ______________________________

                                                                                    MAYOR JACK BRADY

 

 

                                                                                    ______________________________

                                                                                    VICE MAYOR JOHN R. CANGEMI

ATTEST:

__________________________________

INTERIM CITY CLERK PATRICIA VANCHERI


2008 AMENDMENT

 

to

 

INTERLOCAL AGREEMENT

 

between

 

BROWARD COUNTY

 

and

 

THE 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 2008 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

 

            The 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 2009 Percent
Share of Proceeds

Coconut Creek

1.410921%

Cooper City

0.875669%

Coral Springs

3.797988%

Dania

0.864108%

Davie

2.734448%

Deerfield Beach

2.219361%

Fort Lauderdale

5.267387%

Hallandale

1.117832%

Hillsboro Beach

0.065063%

Hollywood

4.183652%

Lauderdale-by-the-Sea

0.181344%

Lauderdale Lakes

0.945765%

Lauderhill

1.880789%

Lazy Lake

0.001200%

Lighthouse Point

0.320894%

Margate

1.629085%

Miramar

3.269379%

North Lauderdale

1.237128%

Oakland Park

1.231626%

Parkland

0.677935%

Pembroke Park

0.170281%

Pembroke Pines

4.474722%

Plantation

2.497992%

Pompano Beach

2.959812%

Sea Ranch Lakes

0.021424%

Southwest Ranches

0.247636%

Sunrise

2.623376%

Tamarac

1.758010%

Weston

1.821434%

West Park

0.407703%

Wilton Manors

0.376036%

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 2009 Population

Coconut Creek

48,207

Cooper City

29,919

Coral Springs

129,766

Dania

29,524

Davie

93,428

Deerfield Beach

75,829

Fort Lauderdale

179,971

Hallandale

38,193

Hillsboro Beach

2,223

Hollywood

142,943

Lauderdale-by-the-Sea

6,196

Lauderdale Lakes

32,314

Lauderhill

64,261

Lazy Lake

41

Lighthouse Point

10,964

Margate

55,661

Miramar

111,705

North Lauderdale

42,269

Oakland Park

42,081

Parkland

23,163

Pembroke Park

5,818

Pembroke Pines

152,888

Plantation

85,349

Pompano Beach

101,128

Sea Ranch Lakes

732

Recipient

FY 2009 Population

Southwest Ranches

8,461

Sunrise

89,633

Tamarac

60,066

Weston

62,233

West Park

13,930

Wilton Manors

12,848

Total Incorporated

1,751,744

 

 

Unincorporated Area

13,963

 

 

Total County

1,765,707

           

 

3.         This 2008 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, 2008.

 

4.         In the event this 2008 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 2008 Amendment and the Agreement and/or any prior Amendment to the Agreement, the parties hereby agree that this document shall control.

 

6.         This 2008 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 2008 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