HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-0891
Temp. Reso. #10702
April 28, 2005
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2005- 09
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 ADDITIONAL LOCAL
OPTION GAS TAX ON MOTOR FUEL 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
WHEREAS, the Amendment to Interlocal Agreement is the result of legislation
enacted by the 1993 Florida legislature which increased the County's authority to levy
Local Option Gas Taxes from the original six cents to a maximum of eleven cents; and
WHEREAS, Interlocal Agreements with municipalities representing a majority of the
Temp. Reso. #10702
April 28, 2005
Page 2
incorporated population must be executed by both the Municipality and Broward County
prior to June 1, 2005; and
and
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 Additional Local Option Gas Tax on Motor Fuel 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 from the Broward County
Additional Local Option Gas Tax on Motor Fuel Ordinance (attached hereto as Exhibit A).
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Temp. Reso. #10702
April 28, 2005
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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 day of , 2005.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
have approved this
RESOLUTION as to form.
j r t
i yl
r UEL S. GOREN
DINT RIM CITY ATTORNEY
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: V/M TALABISCO
DIST 3: COMM. SULTANOF e.
DIST 4: COMM. ROBERTS
AL
F L O 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
;^ -
-
ch
Ms. Marion Swenson, City Clerk
City of Tamarac
_ r�
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�
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.browrard.org
2005 AMENDMENT
to
INTERLOCAL AGREEMENT
between
BROWARD COUNTY
and
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
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,"
/_1 Z 101
TAMARAC, a municipal corporation, existing under the laws of the state of
Florida, hereinafter referred to as "MUNICIPALITY."
WHEREAS, Section 336.025(1)(b), Florida Statutes, authorizes the counties to
extend the levy of five (5) cents 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 13, 2000, the Board of County Commissioners enacted
Ordinance No. 2000-25, effective January 1, 2001, through December 31, 2031,
pursuant to Section 336.025(1)(b), Florida Statutes, 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, pursuant to said 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; and
WHEREAS, paragraph 4 of the Interlocal Agreement, 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 and pursuant to Section 336.025(1)(b), Florida Statutes,
for transportation expenditures set forth in Section 336.025(7)(a),Florida Statutes, the
COUNTY and MUNICIPALITY agree as follows:
1. Paragraph 2 of the Interlocal Agreement, is hereby amended to read as follows:
2.1 Forty-eight percent (48%) of said proceeds shall be distributed to the
COUNTY. The remaining fifty-two percent (52%) shall be distributed to the
eligible municipalities in the following manner:
2.1.1 Twenty-six percent (26%) shall be distributed to the eligible
municipalities based on population as follows:
Population of Individual CITY
Total incorporated area Population X 26.0000%
Recipient FY 2006 FY 2006 Percent
Population Share of Proceeds
Coconut Creek
47,922
0.742627%
Cooper City
29,365
0.455057%
Coral Springs
126,711
1,963588%
Dania
28,080
0.435144%
Davie
81,845
1, 268318%
Deerfield Beach
74,834
1.159671 %
Fort Lauderdale
170,297
2.639022%
Hallandale
35,230
0.545945%
Hillsboro Beach
2,245
0.034790%
Hollywood
142,998
2.215981 %
Lauderdale -by -the -Sea
6,278
0.097288%
Lauderdale Lakes
31,752
0.492048%
Lauderhill
57,936
0.897810%
Lazy Lake
34
0.000527%
Lighthouse Point
10,857
0.168246%
Margate
54,455
0.843867%
K
Recipient
FY 2006
FY 2006 Percent
Population
Share of Proceeds
Miramar
101,813
1,577754%
North Lauderdale
40,331
0.624993%
Oakland Park
31,810
0.492946%
Parkland
19,374
0.300231 %
Pembroke Park
5,708
0.088454%
Pembroke Pines
150,435
2,331229%
Plantation
84,604
1.311073%
Pompano Beach
101,457
1.572237%
Sea Ranch Lakes
727
0.011266%
Southwest Ranches
7,443
0.115341 %
Sunrise
88,976
1.378824%
Tamarac
57,726
0.894556%
Weston
60,636
0.939651 %
West Park
13,628
0.211187%
Wilton Manors
12,282
0.190329%
Total Incorporated
1,677,789
26.000000%
Unincorporated Area
45,342
Total County
1,723,131
The population figures set forth above 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 Economic and Business Research, Population
Division, of the University of Florida. The population figures to be utilized in the
formula described in this section, for the distribution of the Fifth Cent, shall be
adjusted annually based on the current Florida Estimates of Population.
2.1.2 Twenty-six percent (26%) shall be distributed by COUNTY to the
Municipalities by grant agreement for Community Shuttle Services.
2. 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.
3. 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
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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.
4. All provisions of the Interlocal Agreement and any prior Amendment, not in
conflict with this 2005 Amendment to Interlocal Agreement, shall remain in full force and
effect.
5. 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.
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:
oun dministrator and Ex-OfFicio
C of the Board of County
Commissioners of Br�pv���
Florida
G•••..••�S
/��
cJ : CREATED N
s Q • •
� OCT.1sr
o
1915,�,
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
.r
By
Mayor
VcTay of fy.4 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
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecop'er: (954) 357-7641
By 5 /&
Pamela M. Kane
Assistant County Attorney
4
2005 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD
COUNTY AND 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
AL101,1I J_141r VA
WITNESSES: TAMARAC
By;
Mayor-Comfnissioner
l day of 12005.
ATTEST:
.� By G
Municiol Clerk Midnicipal Manager
H_ day of 005.
(CORPORATE SEAL)
APPROVED AS TO FORM:
LL a1w
Byrom nici al Attorney
Y
PMK
4/25/2005
GASTAX5.docTAMARAC