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Home My WebLink AboutCity of Tamarac Resolution R-2013-038I Temp. Reso. # 12333 April 18, 2013 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2013- 3 0 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE 2013 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS OF THE SIX CENT LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 14, 1988, the Broward County Board of County Commissioners approved a thirty year extension of the Six Cent Local Option Gas Tax; and WHEREAS, the County Attorney's office has prepared the necessary amendment to the Interlocal Agreement on an annual basis, which provides the distribution formula for the tax proceeds; and WHEREAS, this will be the 2013 Amendment to that agreement; and WHEREAS, the amendment complies with the statutory requirement for the establishment of a distribution formula and incorporates the latest population figures prepared and published by the Bureau of Economic and Business Research of the University of Florida; and Temp. Reso. #12333 April 18, 2013 Page 2 WHEREAS, Interlocal Agreements with municipalities representing a majority of the incorporated population must be executed by both the Municipality and Broward County prior to June 1, 2013; and WHEREAS, the City Manager and the Director of Financial Services recommend approval; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to execute the Amendment to Interlocal Agreement between Broward County and the City of Tamarac providing for the division and distribution of the proceeds of the Six Cent Local Option Gas Tax imposed by the Broward County. Local Option Gas Tax Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution upon adoption hereof. All exhibits attached hereto are expressly incorporated herein and made a part hereof. SECTION 2: The appropriate City Officials are hereby authorized to accept and execute the attached 2013 Amendment to Interlocal Agreement between Broward County and City of Tamarac providing for division and distribution of the proceeds of the Six Cent Local Option Gas Tax imposed by the Broward County Local Option Gas Tax Ordinance (attached hereto as Exhibit A). Temp. Reso. #12333 April 18, 2013 Page 3 SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This resolution shall become effective immediately upon its passage and PASSED, ADOPTED AND APPROVED this X day of 2013. I t i / A �BETH TALABISC MAYOR ATTEST: PATRICIA TEU EL, C INTERIM CITY CLER RECORD OF COMMISSION VOTE: MAYOR TALABISCO c't �--'O DIST 1: COMM. BUSHN L DIST 2: COMM. ATKINS-G AD ,*3 � DIST 3: COMM. GLASSER DIST 4: V/M. DRESSLER d,-- I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM SAMUEf S.GOREN CITY ATTORNEY Temp. Reso. #12333 Exhibit A 2013 AMENDMENT to INTERLOCAL AGREEMENT between BROWARD COUNTY and City of Tamarac 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 2013 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 Tamarac, 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 COUNTY to extend the levy of the six (6) cents 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 previously 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 FY14 Percent Share of Proceeds Coconut Creek 1.139497% Cooper City 0.650828% Coral Springs 2.622148% Dania 0.638497% Davie 1.984506% Deerfield Beach 1.613843% Fort Lauderdale 3.603928% Hallandale 0.806473% Hillsboro Beach 0.040396% Hollywood 3.043060% Lauderdale -by -the -Sea 0.130486% Lauderdale Lakes 0.708923% Lauderhill 1.432829% Lazy Lake 0.000536% Lighthouse Point 0.222693% Margate 1.178033% Miramar 2.639183% «Municipality» GaxTax6_2013 Agreement 2 Recipient FY14 Percent Share of Proceeds North Lauderdale 0.903445% Oakland Park 0.898123% Parkland 0.531607% Pembroke Park 0.130444% Pembroke Pines 3.302409% Plantation 1.817813% Pompano Beach 2.185227% Sea Ranch Lakes 0.014320% Southwest Ranches 0.157845% Sunrise 1.841430% Tamarac 1.305976% Weston 1.398866% West Park 0.302759% Wilton Manors 0.253877% Total Incorporated 37.500000% 2. Paragraph 3 of the Interlocal Agreement, as previously amended by the Addendum thereto and the prior amendments, is amended to read as follows: 3. 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. The population figures to be utilized in the formula described in Paragraph 2 of this Interlocal Agreement 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 FY14 Population Coconut Creek 53,313 Cooper City 30,450 Coral Springs 122,681 Dania 29,873 Davie 92,848 Deerfield Beach 75,506 Fort Lauderdale 168,615 Hallandale 37,732 «Municipality» GaxTax6_2013 Agreement 3 Recipient FY14 Population Hillsboro Beach 1,890 Hollywood 142,374 Lauderdale -by -the -Sea 6,105 Lauderdale Lakes 33,168 Lauderhill 67,037 Lazy Lake 25 Lighthouse Point 10,419 Margate 55,116 Miramar 123,478 North Lauderdale 42,269 Oakland Park 42,020 Parkland 24,872 Pembroke Park 6,103 Pembroke Pines 154,508 Plantation 85,049 Pompano Beach 102,239 Sea Ranch Lakes 670 Southwest Ranches 7,385 Sunrise 86,154 Tamarac 61,102 Weston 65,448 West Park 14,165 Wilton Manors 11,878 Total Incorporated 1,754,492 Area 16,607 -Unincorporated Total County 1,771,099 3. This 2013 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 2013 Amendment. 4. Except to the extent amended, the Interlocal Agreement shall remain in full force and effect. In the event of any conflict between the terms of this 2013 Amendment and the Interlocal Agreement, as previously amended, the parties hereby agree that this document shall control. «Municipality» GaxTax6_2013 Agreement 4 5. This 2013 Amendment 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. 6. In the event this 2013 Amendment to Interlocal Agreement or a portion of this 2013 Amendment is found by a court of competent jurisdiction to be invalid, the remaining portions 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. [THE REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.] «Municipality» GaxTax6_2013 Agreement 5 IN WITNESS WHEREOF, the parties have made and executed this 2013 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 I A duly authorized to execute same. COUNTY ATTEST: Br and County Administrator, as Ex-Officio Clerk of the Broward County Board of County Commissioners °°\,GAO M J CR 0 ®: o ®CFr4�f, tr st 15 co s NIN , uueim�� AAD 3/20/13 GASTAX6_2013. doc City of Tamarac «Municipality» GaxTax6_2013 Agreement 6 BROWARD COUNTY, by and through its Board of County Commissioners By Mayor j_Q day of K-L , 201-3 Approved as to form by Joni Armstrong Coffey Broward County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 By �M� Al A. DiCalvo D te) Assistant County Attorney 2013 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC 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 Tamarac By ` 1 Mayor -Commissioner 4 I� l day of '2013. ATTEST: By P612,6o, Municipal ClerW Municipal Manager ��►► 6 day of NdMI 2013. TAMA��i (\ I .-aRATE' "� � APPROVED AS TO FO M: �'. SAS o nicipA Attafri4y «Municipality» GaxTax6_2013 Agreement 7