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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). 1 Temp. Reso. #10701 1 1 1 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 '' 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 �' •°'' i�A" "• +. •` .'` (;laEATED , ou. 1 ST m 1915 i` :o G • 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