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HomeMy WebLinkAboutCity of Tamarac Resolution R-93-102Temp. Reso. # 6527 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-93- JP;L A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE FIRST AMENDMENT TO INTERLOCAL AGREEMENT WITH BROWARD COUNTY AND THE 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, the City Council 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 appro- priate City Officials to execute the First Amendment to Interlocal Agreement with Broward County 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 COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clause is hereby ratified and confirmed as being true and correct and is hereby made a specific: part of this Resolution. SECTION 2: That the appropriate City Officials are hereby authorized to execute the attached First Amendment to Interlocal Agreement with Broward County 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). SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.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. s _ Temp. Reso. # 6527 3 SECTION 5: This Resolution shall become effective $ immediately upon its passage and adoption. 61 PASSED, ADOPTED AND APPROVED this U Ray of �1°.Y1t��P�, 1993. 7 ATTEST: CAROL A. EV.ANS CITY CLERK I HEREBY CERTIFY t t I �,thi kES)P ES LOTAN s to form. MAYOR D1ST 013T, 3: DIST..4: RMUMOFCOUNM 9 F I R S T A M E N D M E N T ONE$ . I N,T E R L O C A L A G R E E M E N T W I T H B R O W A R D C O U N T Y f.'19:77 C I T I E S FIRST AMENDMENT This First Amendment dated for convenience September 1, 1993, to the Interlocal Agreement with Broward County providing for the division and distribution of the proceeds from the Broward County Additional Local Option Gas Tax on Motor Fuel Ordinance (a copy of said Ordinance is attached hereto), the "Interlocal Agreement," dated for convenience August 30, 1993, by and between BROWARD COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners ("COUNTY"), and the Municipalities whose names appear in Exhibit "A" of the Interlocal Agreement ("CITIES"). W I T N E S S E T H In consideration of the mutual promises and covenants contained herein together with other good and valuable consideration, the parties do agree to amend the Interlocal Agreement as follows: 1. Paragraph 2 shall be amended by the addition of the following language: 2. Sixty-two and one-half percent (62.5%) 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 thirty-seven and one-half percent (37.5%) of the total proceeds shall be divided among and distributed to the eligible municipalities within the COUNTY as follows: 3. Anew paragraph 10 shall be created to read as follows: 10. In the event COUNTY or CITIES pledge the proceeds of the Broward County. Additional Local Option Gas Tax on Motor Fuel Ordinance for any bond indebtedness, the amounts distributed to the COUNTY and each CITY in accordance with the distribution formula contained in paragraph 2 herein shall not be reduced below the amount necessary for payment of principal and interest and reserves for principal and interest as required under the covenants of any bond resolution. 4. This Agreement may be executed in counterparts and each fully executed counterpart shall be deemed an original instrument. 0 5. Except as otherwise set forth herein, the terms and conditions of the Interlocal Agreement shall remain unchanged and in full force and effect among the parties. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chair or Vice Chair, authorized to execute same by Board action on the day of 19 , and the City signing by and throng ih is duly authorized to execute same. C O U N T_Y ATTEST: County Administrator and • Ex officio Clerk of the Board of county Commissioners of Broward County, Florida BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS By Chair day of , 19 Approved as to form by the Office of County Attorney Broward County, Florida JOHN J. COPELAN, JR., County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (305) 357-7600 Telecopier: (305) 357-7641 By NOEL M. PFEFFER Deputy County Attorney . FIRST AMENDMENT TO INTERLOCAL AGREEMENT WITNESS ATTEST: CITY CLERK :;.* UTY OF TAMARAC APPROVED AT MEETING OF NMP:dp 8/26/93 GasTax.AMD u -3- Name Cit By ayor Comm ssloner H. L. BENDER -�--�- day of , 19�2 B cl Manager OHN P. KELLY �F day of 19�% asm to,"rm: 'City Attc MITCHIIL S . rZ0 CITY OF TAMARAC 7525 Northwest 88 Avenue Tamarac, Florida 33321-2401 September 21, 1993 Marcy Gellman Budget and Management 115 S. Andrews Avenue Room 104 Fort Lauderdale, Florida 33301 Phone (305) 722-5900 Fax (305) 722-4509 Subject: First Amendment to Interlocal Agreement with Broward County Providing for the Division and Distribution of the Proceeds from the Broward County Additional Local Option Gas Tax on Motor Fuel Ordinance Dear Ms. Gellman, Enclosed are five (5) originals of the subject agreement and five (5) certified copies of City of Tamarac Resolution No. R-93-102 as passed by City Council at the meeting of September 8, 1993. Once fully executed, please return one (1) executed original for our files. Thank you for your assistance. Very truly yours, Patricia Marcurio Acting City Clerk /ew Enclosures THE CITY OF TAMARAC IS AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAPPED STATUS Temp. Reso. 6 6527 CITY OF TAMARAC, FLORIDA eby certify that this documeAll Is a true RESOLUTION NO. R-93- 1_ _;L 71 correct cop Of Y A RESOLUTION OF THE CITY COUNCIL o HE Y OF F T CITY TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE t• "e 0 ', Alal of w, 11cl l 13 vo I ifInsy CITY OFFICIALS TO EXECUTE THE FIRST AMENDMENT Hall. TO INTERLOCAL AGREEMENT WITH BROWARD COUNTY AND WI Iill:t�3 IdiY HHNV ANp nFSEALTHE CITY OF TAMARAC PROVIDING FOR DIVISION AND OF (i-1, ;! i' OF iAMr+R,++C, FA. DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD ��:F laA day Of COUNTY ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Ra l c&TV a R1c 'p WHEREAS, the City Council of the City of Tamarac, 11 Florida deems it to be in the best interests of the citizens 72 and residents of the City of Tamarac to authorize the appro- ]3 priate City Officials to execute the First Amendment to 14 Interlocal Agreement with Broward County providing for the 36 division and distribution of the proceeds from the Broward 16 County Additional Local Option Gas Tax on Motor Fuel 17 Ordinance. Is NOW, THEREFORE, BE IT 'RESOLVED BY THE CITY COUNCIL OF THE 11) CITY OF TAMARAC, FLORIDA: 2 SECTION 1: That the foregoing "WHEREAS" clause is 2• hereby ratified and confirmed as being true and correct and 22 is hereby made a specific part of this Resolution. 21 SECTION 2: That the appropriate City Officials are 21 hereby authorized to execute the attached First Amendment to 25 Interlocal Agreement with Broward County providing for 26 division and distribution of the proceeds from the Broward 27 County Additional Local Option Gas 'Tax on Motor Fuel 21 Ordinance. (Attached hereto as Exhibit A). 29 SECTION 3: All Resolutions or parts of Resolutions in ]0 conflict herewith are hereby repealed to the extent of -such ]7 conflict. 21 y 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 3' I part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. 1 3 1 ►1 2 Temp. Reso. 6 6527 3 4 SECTION 5: This Resolution shall become effective f immediately upon its passage and adoption. PASSED, ,ADOPTED AND APPROVED this Slay of 1993. I Ir/L. BENDER 30 MAYOR ATTEST: 31 �7 12 •; K -- CAROL A. EVANS CITY CLERK 33 I HEREBY CERTIFY t t I MAYOR RECOROOFpb� 14 a approve thi ES L N s o orm. DIST 4 15 DIST. 2: ARM. 16 I L S: RAFT D157 4: CIT AT Y 17 16 1� 20. 21 22 23 2/ 25 26 27 28 29 30 21 31_ r