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Home My WebLink AboutCity of Tamarac Resolution R-2011-0521 1 Temp. Reso. #12017 May 5, 2011 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2011- 5a A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE 2011 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; 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 2011 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. #12017 May 5, 2011 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 17, 2011; 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 Intedocal Agreement between Broward County and the City of Tamarac 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: S CTION 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 2011 Amendment to Interiocal 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 (attached hereto as Exhibit A). E7 1 1 1 Temp. Reso. #12017 May 5, 2011 Page 3 SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SE TION 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 adoption. PASSED, ADOPTED AND APPROVED this a5day of /"l �i , 2011. BY: pa At PAMELA BUSHNELL MAYOR A PETER M. J. CHARDSON, CRM, CMC CITY CLER .A _ �•EgYAg� HED •: o� IS � � 1 Epp cc �`�gOCOUN�� • I HEREBY CERTIF'rYr�'F�AT I HAVE APPROVED THIS RESOLUTION AS TO FORM. SXM@t L S. GOREN ;r,�/ CITY ATTORNEY RECORD OF COMMISSION VOTE: MAYOR BUSHNELL G DIST 1: COMM. SWENSON DIST 2: V/M GOMEZ DIST 3: COMM. GLASS-4 DIST 4: COMM. DRESSLER B ARD COUNTY Office of Management and Budget 115 S. Andrews Avenue, Room 404 - Fort Lauderdale, Florida 33301 •954-357-b345 • FAX 854-357-8364 April 13, 2011 Dear Municipality: Attached are amendments to three interlocal agreements requiring approval by your municipal governing board no later than June 1, 2011 per State Statute. The attached amendments are required in order to adjust each City's percentage share based on updated population figures, , umma_,.yr of Am men The three Interlocal agreements and amendments are described below; • The "original' local option gas tax agreement adopted in 1983 provides for Cities to receive 37,5% of the proceeds of six cents of gas tax, This amendment adjusts each City's percentage share of the 37,5% based on updated population figures. • The "additional' local option gas tax agreement adopted in 1993 now provides for Cities to receive 51.27% of'three cents of gas tax. The Cities' share of this gas tax has increased over ff16 years due to annexations, however, there were no annexations of populated areas effective September 2010 so the Cities share of the three cents of gas tax will remain the same as last year. As a result, this amendment adjusts each City s peroentage share of the 51.27% based on updated population figures. ■ The 'transit gas tax" agreement adopted in 2000 provides for Cities to receive 26% of the proceeds of one cent of gas tax, This amendment includes adjustments to each City's percentage share based on updated population figures. RWOQto Po I - n F' u The three interlocal agreements provide for the distribution of gas taxes among the Cities based on population figures published annually by the University of Florida Bureau of Economics and Business Research. The interiocal agreements also provide for the population numbers to be revised annually using the most current published figures. Please place the three amendments on the agenda for approval by the municipal governing board as soon as possible and return the signed agreements no later than May 26, 2011. The Amendments must be executed by ell parties by June 1, 2011 per State Statute. If you have any questions about the amendments, please contact Jennifer Steelman from the CountYs Office of Management and Budget at357-6226. Attached are copies of the above discussed amendments. Please return three executed originals of each amendment (nine total) to: Thomas Hutka, Director Broward County Public Works Department 1 N University Drive, suite A305 Plantation, FL 33324 Ph. (954) 357-6410 arowaid tourtty Board QrCop * Co n, rMkftrs Sue Gunzouroer • DaleY.C, rlolwa •Krtehn Ja0OW • Chip u kma= • Ilene 00bemi811 . SIACy Miller • John E Rodrtrom, Jr. • Barbara Shad •Lek Wester WNM-b—%W rq.orn 5incerel Kayla 01se , Director KO;js Office of Management and Budget Attachments Temp. Reso. #12017 Exhibit 1 2011 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 2011 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," :►o 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) 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 1 Temp. Reso. #12017 Exhibit 1 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 FY 2012 Percent Share of Proceeds Coconut Creek 1.145740% Cooper City 0.618182% Coral Springs 2.622323% Dania 0.641830% Davie 1.992078% Deerfield Beach 1.624508% Fort Lauderdale 3.584342% Hallandale 0.803679% Hillsboro Beach 0.040603% Hollywood 3.048318% Lauderdale -by -the -Sea 0.131142% Lauderdale Lakes 0.705798% Lauderhill 1.448432% Laz Lake 0.000521 % Lighthouse Point 0,223998% Margate 1.153860% Miramar 2.642787% 2 Temp. Reso. #12017 Exhibit 1 Recipient FY 2012 Percent Share of Proceeds North Lauderdale 0.888349% Oakland Park 0,895712% Parkland 0.518895% Pembroke Park 0.132138% Pembroke Pines 3.351097% Plantation 1.839693% Pompano Beach 2.162134% Sea Ranch Lakes 0.014509% Southwest Ranches 0.159055% Sunrise 1.828519% Tamarac 1.308541 % Weston 1.414780% West Park 0.306547% Wilton Manors 0.251890% Total Incorporated 37.510000% 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 FY 2012 Population Coconut Creek 52,909 -Cooper City 28,547 Coral Springs 121,096 Dania 29,639 Davie 91,992 Deerfield Beach 75,018 Fort Lauderdale 165,521 Hallandale 37,113 3 Temp. Reso. #12017 Exhibit 1 Recipient FY 2012 Population Hillsboro Beach 1,875 Hollywood 140,768 Lauderdale -by -the -Sea 6,056 Lauderdale Lakes 32,593 Lauderhill 66,887 Lazy Lake 24 -Lighthouse Point 10,344 Margate 53,284 Miramar 122,041 North Lauderdale 41,023 Oakland Park 41,363 Parkland 23,962 Pembroke Park 6,102 Pembroke Pines 154,750 Plantation 84,955 Pompano Beach 99,845 Sea Ranch Lakes 670 Southwest Ranches 7,345 Sunrise 84,439 Tamarac 60,427 Weston 65,333 West Park 14,156 Wilton Manors 11,632 Total Incorporated 1,731,709 Unincorporated Area 16,357 Total Count 1,748,066 3. This 2011 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 2011 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 2011 Amendment and the Interlocal Agreement, as previously amended, the parties hereby agree that this document shall control. 4 Temp. Reso. #12017 Exhibit 1 5. This 2011 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 2011 Amendment to Interlocal Agreement or a portion of this 2011 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.] G� Temp. Reso. #12017 Exhibit 1 IN WITNESS WHEREOF, the parties have made and executed this 2011 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: 400 County Administrator and Ex-Officio Clerk of the,' gx C Board of County Com of Broward County, F `ric 1Iwe' GASTAX6 2011.docCITY OF TAMARAC BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS By Mayor IVA day of J �-�--� , 2011. Approved as to form by Office of County Attorney Broward County, Florida JONI ARMSTRONG COFFEY, County Attorney vwd^�' Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 By 1p 2rj Al A. DiCalvo Assistant County Attorney C.1 Temp. Reso. #12017 Exhibit 1 2011 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 WITNESSES: (CORPORATE SEAL) TAMq TAg�IS : p ES 1 963 Q� ��CoUN\��`� MUNICIPALITY CITY OF TAMARAC By 1�,- ��l Mayor -Commissioner day of '2011. Municipal Manager 8 day of -9L0<-? , 2011. APPROVED AS TO FORM: Municipal Attorney 7