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