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HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-0871 1 Temp. Reso. #10700 April 28, 2005 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2005- g 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE 2005 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 2005 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. #10700 April 28, 2005 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, 2005; and F,W WHEREAS, the City Manager and the Director of Finance recommend approval; 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 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. SECTION 2: The appropriate City Officials are hereby authorized to accept and execute the attached 2005 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 (attached hereto as Exhibit A). Temp. Reso. #10700 April 28, 2005 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 adoption. PASSED, ADOPTED AND APPROVED this H day of , 2005. ATTEST: MARION SW NSON, CMC CITY CLERK I HEREBY CERTIFY that have approved this RESOLUTION as to form. J�v SAKIUEL S. GOREN INTERIM CITY ATTORNEY JOE SCHREIB R MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: V/M TALABISCO DIST 3: COMM. SULTANOF --9d DIST 4: COMM. ROBERTS '. F L 0 R I D A Public Works and Transportation Department 115 S. Andrews Avenue, Room 514 • Fort Lauderdale, Florida 33301 • 954-357-6410 • FAX 954-357-6340 June 21, 2005 - - tCh Ms. Marion Swenson, City Clerks City of Tamarac 7525 NW 88 Avenue Tamarac, Florida 33321� Re: Interlocal Agreements - Local Option Gas Tax Dear Ms. Swenson: Enclosed please find an original of each of the three interlocal agreements for the Local Option Gas Tax, fully executed by Broward County. As usual, your cooperation is greatly appreciated, and should you have any questions, please contact me at (954) 357-6410. Sincerely, ^A�L Lisette R. Murado Executive Assistant /Irm Enclosures Broward County Board of County Commissioners Josephus Eggelletion, Jr. • Ben Graber • Sue Gunzburger • Kristin D. Jacobs • Ilene Lieberman • John E. Rodstrom, Jr. • Jim Scott • Diana Wasserman -Rubin • Lois Wexler www.broward.org 2005 AMENDMENT BUD to INTERLOCAL AGREEMENT between BROWARD COUNTY and 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 2005 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," Win 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 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 twenty 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 eighteen amendments, is amended to read as follows: 2. Sixty-two and Five tenths (62.5) percent of said Local Option Gas Tax proceeds shall be distributed to the COUNTY, and the remaining Thirty-seven and five tenths (37.5) percent 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 Recipients FY 2006 Percent Share of Proceeds Coconut Creek 1.071097% Cooper City 0.656332% Coral Springs 2,832098% Dania 0.627612% Davie 1.829305% Deerfield Beach 1.672603% Fort Lauderdale 3.806282% Hallandale 0.787420% Hillsboro Beach 0.050178% Hollywood 3.196126% Lauderdale -by -the -Sea 0.140319% Lauderdale Lakes 0.709684% Lauderhill 1.294918% Lazy Lake 0.000760% Lighthouse Point 0.242663% Margate 1.217115% 2 Recipients FY 2006 Percent Share of Proceeds Miramar 2.275606% North Lauderdale 0.901432% Oakland Park 0.710980% Parkland 0.433025% Pembroke Park 0.127579% Pembroke Pines 3.362349% Plantation 1,890971 % Pompano Beach 2.267650% Sea Ranch Lakes 0.016249% Southwest Ranches 0.166367% Sunrise 1.988689% Tamarac 1.290225% Weston 1.355266% West Park 0.304597% Wilton Manors 0.274513% Total Incorporated 37.500000% Unincorporated Area Total County 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 Twenty amendments, is amended to read as follows: Recipients FY 2006 Population Coconut Creek 47,922 Cooper City 29,365 Coral Springs 126,711 Dania 28,080 Davie 81,845 Deerfield Beach 74,834 Fort Lauderdale 170,297 Hallandale 35,230 3 Recip FY 2006ients Population Hillsboro Beach 2,245 Hollywood 142,998 Lauderdale -by -the -Sea 6,278 Lauderdale Lakes 31,752 Lauderhill 57,936 Lazy Lake 34 Lighthouse Point 10,857 Margate 54,455 Miramar 101,813 North Lauderdale 40,331 Oakland Park 31,810 Parkland 19,374 Pembroke Park 5,708 Pembroke Pines 150,435 Plantation 84,604 Pompano Beach 101,457 Sea Ranch Lakes 727 Southwest Ranches 7,443 Sunrise 88,976 Tamarac 57,726 Weston 60,636 West Park 13,628 Wilton Manors 12,282 Total Incorporated 1,677,789 Unincorporated Area 45,342 Total County 1,723,131 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 2005 Amendment and the Agreement and/or the Addendum to the Agreement and/or First through the Twentieth Amendment, the parties hereby agree that this document shall control. 4. This 2005 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 have executed this 2005 Amendment prior to June 1, 2005. 4 5. This 2005 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 2005 Amendment is found by a court of competent jurisdiction to be invalid, the remaining portions shall continue to be effective. [INTENTIONALLY LEFT BLANK] 5 IN WITNESS WHEREOF, the parties have made and executed this 2005 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: �2 2T ou dminis rator and Ex-Officio C of the Board of County Commissioners of Broward Florida CO M /,Q "°�•»n,� �s • r� m. 0 CREATED r:fi�U U : OCT.IST :m 1915 �0 BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS day of J u-i^� 2005. tkpproved as to form by Affice of County Attorney 11roward County, Florida haron L. Cruz, Interim County Attorney overnmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Teleco ier: (954) 357-7641 By 6 . ..— Pamela M. Kane Assistant County Attorney C.1 2005 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND 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) PMK 4/26/2005 GASTAX6. doc6. docTAMARAC MUNICIPALITY 7 TAMARAC By �- Mayor -Commissioner __ day of Mo i . /'7�/-- unicipal Manager l�' I day of , 2005. APPROVE S TO FORM: By �-.1 Mu icipal Attorney