HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-0881
Temp. Reso. #10701
April 28, 2005
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2005- 8
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
FROM THE BROWARD COUNTY FIFTH CENT ADDITIONAL
LOCAL OPTION GAS TAX ON MOTOR FUEL FOR
TRANSIT; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on June 13, 2000, the Broward County Board of County
Commissioners enacted Ordinance No. 2000-25 extending the levy of the fifth -cent local
option gas tax for thirty years and providing for a method of distribution of the proceeds of
the 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
WHEREAS, the Amendment to Interlocal Agreement is pursuant to Section
336.025(1)(b), Florida Statutes, for transportation expenditures set forth in Section
Temp. Reso. #10701
April 28, 2005
Page 2
336.025(7)(a), Florida Statutes; and
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
"or$
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 between Broward County and the City
of Tamarac providing for the division and distribution of the proceeds from the Broward
County Fifth -Cent Additional Local Option Gas Tax on Motor Fuel For Transit.
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 from the Broward County
Fifth Cent Additional Local Option Gas Tax on Motor Fuel for Transit (attached hereto as
Exhibit A).
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Temp. Reso. #10701
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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 J_L day of M o, , 2005.
ATTEST:
MARION SXAI S , CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
SSA UEL S. GOREN
INTERIM CITY ATTORNEY
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: V/M TALABISCO c
DIST 3: COMM. SULTANOF
DIST 4: COMM. ROBERTS zVf
r 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
rv^
-4
Ms. Marion Swenson, City Clerk
City of Tamarac
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Yj
7525 NW 88 Avenue
Tamarac, Florida 33321
c
ci
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
Lisette R. Murado
Executive Assistant
/Irm
Enclosures
Broward County Board of County Commissioners
Josephus Eggelletion, Jr. - Ben Graber - Sue Gunzburger - Kristin D. Jacobs M Ilene Lieberman - John E. Rodstrom, Jr. - Jim Scott - Diana Wasserman -Rubin - Lois Wexler
www-broward.org
'k Zjo,-91
2005 AMENDMENT
to
INTERLOCAL AGREEMENT
between
BROWARD COUNTY
and
TAMARAC
providing for
DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD
COUNTY ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE
This 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,"
%ED
TAMARAC, a municipal corporation, existing under the laws of the state of
Florida, hereinafter referred to as "MUNICIPALITY."
IN CONSIDERATION of the mutual terms, conditions, promises, covenants and
payments hereinafter set forth and pursuant to the authorization of paragraph (1)(b)(2)
of Section 336.025, Florida Statutes, the COUNTY and MUNICIPALITY agree as
follows:
1. Paragraph 2 of the Interlocal Agreement, as previously amended, is hereby
amended to read as follows:
2. Fifty-one and Thirty-one One -hundredths percent (51.31 %) of the total proceeds
from the Broward County Additional Local Option Gas Tax on Motor Fuel Ordinance
shall be distributed to the COUNTY and the remaining Forty-eight and Sixty-nine One -
hundredths percent (48.69%) of the total proceeds shall be divided among and
distributed to the eligible municipalities within the COUNTY as follows:
Population of Individual Municipality x 48.69% =
Total Incorporated Area Population
1
Recipient PY 2006 Percent
Share of Proceeds
Coconut Creek
1.390713%
Cooper City
0.852182%
Coral Springs
3.677196%
Dania
0,814891 %
Davie
2.375169%
Deerfield Beach
2.171708%
Port Lauderdale
4.942076%
Hallandale
1.022386%
Hillsboro Beach
0.065151 %
Hollywood
4.149850%
Lauderdale -by -the -Sea
0.182190%
Lauderdale Lakes
0,921454%
Lauderhill
1.681322%
Lazy Lake
0.000987%
Lighthouse Point
0.315074%
Margate
1.580302%
Miramar
2.954647%
North Lauderdale
1.170419%
Oakland Park
0.923137%
Parkland
0.562241 %
Pembroke Park
0.165648%
Pembroke Pines
4.365674%
Plantation
2.455236%
Pompano Beach
2.944316%
Sea Ranch Lakes
0.021098%
Southwest Ranches
0.215998%
Sunrise
2.582113%
Tamarac
1.675228%
Weston
1.759677%
WestPark
0.395489%
Wilton Manors
0.356428%
Total Incorporated 48.690000%
Unincorporated Area
Total County
2
2. Paragraph 3 of the Interlocal Agreement, as previously amended, is
hereby amended to read:
3. The population figures set out herein are based on the figures contained in
the document referred to as the "Florida Estimates of Population," published on
an annual basis 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, for the division and
distribution of the proceeds from the Broward County Additional Local Option
Gas Tax on Motor Fuel Ordinance, 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 2006
Po, pUlation
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
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
3
Recipient
FY 2006
--
PoRulation
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. This 2005 Amendment to Interlocal Agreement 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 Interlocal
Agreement prior to June 1, 2005.
4. In the event this 2005 Amendment to Interlocal Agreement or a portion of this
2005 Amendment to Interlocal Agreement is found by a court of competent jurisdiction
to be invalid, the remaining provisions 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.
5. 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 any prior Amendment to the Agreement, the parties hereby agree
that this document shall control.
6. This 2005 Amendment to Interlocal Agreement 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.
[INTENTIONALLY LEFT BLANK]
4
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:
Fa 2
ou dministrator and Ex-Officio
rk of the Board of County
Commissioners of Broward County,
Florida
as �' •°''
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(;laEATED
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BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By
Mayor
c�
of t....,—k- , 2005.
Approved as to form by
Office of County Attorney
Broward County, Florida
Sharon L. Cruz, Interim County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
°•;��•o ,•" Fort Lauderdale, Florida 33301
s. 0.
... °..of � Telephone: (954) 357-7600
Teleco ier: (954) 357-7641
d�""�ve�,►selNi�A
By
Pamela M. Kane
Assistant County Attorney
6
2005 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD
COUNTY AND CITY OF TAMARAC PROVIDING FOR DIVISION AND DISTRIBUTION
OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL LOCAL
OPTION GAS TAX ON MOTOR FUEL ORDINANCE
MUNICIPALITY
WITNESSES: TAMARAC
Municipal Clerk
(CORPORATE SEAL)
PMK
25/04/2005
GASTAX3.docTAMARAC
R
By
Mayor -Commissioner
L I day of M , 2005.
Municipal Manag
t,
day of M 2005.
APPROVED S TO FORM:
By
u icipal Attorney