Broward County Commission Regular Meeting

A. MOTION TO DIRECT Office of the County Attorney to draft an Ordinance amending Sections 31½-33 and 31½-34 of the Broward County Code of Ordinances to reestablish and relevy the six-cent local option gas tax for transportation expenditures that is expiring on August 31, 2018, with the tax proceeds to be distributed either pursuant to an interlocal agreement between the County and the municipalities, which would provide the same collective distribution to the municipalities as is provided under the expiring agreement, or, if a majority of the municipalities (by population) fail to timely enter into such interlocal agreement, pursuant to the statutory method provided in Section 336.025(4)(a), Florida Statutes.

ACTION:  (T-5:39 PM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 8-0.  Vice-Mayor Bogen was not present.

B. MOTION TO APPROVE in substantially the form attached hereto, proposed interlocal agreement; to authorize the County Administrator to forward it to the municipalities; to authorize the Office of the County Attorney to make nonsubstantive changes to the attached form based upon input received from municipal counsel; and to authorize the County Administrator to execute the interlocal agreement on behalf of the County provided a majority of the municipalities (by population) approve, execute, and return the agreement to the County Administrator by March 31, 2018.

ACTION:  (T-5:39 PM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 8-0.  Vice-Mayor Bogen was not present.

Board direction is required for the Office of the County Attorney to draft an Ordinance and to provide the other approvals and authorizations addressed herein.

Directs the Office of the County Attorney to draft an Ordinance amending the Local Option Gas Tax Ordinance, and enables the option of continuing to distribute the tax proceeds pursuant to interlocal agreement.

Pursuant to Section 336.025, Florida Statutes, the County is authorized to levy, by Ordinance, a six-cent local option gas tax to be used for transportation expenditures. The maximum levy is 30 years. The current tax levy will expire on August 31, 2018.

Distribution of the tax proceeds may occur in one of two ways: the first is pursuant to the formula established by an interlocal agreement between the County and municipalities representing a majority of the population of the incorporated area; the second is pursuant to the distribution formula provided in Section 336.025(4)(a), Florida Statutes.

The proposed interlocal agreement offers the municipalities (collectively) the same share of the proceeds they are currently receiving. The municipal share would be allocated to the respective municipalities based upon their populations. If the parties are unable to timely enter into an interlocal agreement, the tax proceeds would be distributed, by law, based on the transportation expenditures of the County and municipalities during the preceding five Fiscal Years in proportion to total (County and municipal) transportation expenditures.

The County must reestablish the tax, by Ordinance, before July 1, 2018, to be effective on September 1, 2018.

Angela J. Wallace, Deputy County Attorney, (954) 357-7600