HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-135Temp. Reso # 9036 - May 17, 2000
Revision # 1 — May 18, 2000
Page 1
CITY OF TAMARAC
RESOLUTION NO. R-2000-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR
THE DIVISION AND DISTRIBUTION OF THE PROCEEDS
FROM THE BROWARD COUNTY FIFTH CENT ADDITIONAL
LOCAL OPTION GAS TAX ON MOTOR FUEL; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Broward County Board of County Commissioners (hereafter referred
to as the "Board") has recognized the importance of public transit to our economy,
environment and quality of life; and
WHEREAS, the Board and local municipalities desire to levy an additional penny in
local option gas tax (hereafter referred to as the "Fifth Cent") to be shared with cities for the
funding of public transit services and infrastructure; and
WHEREAS, the Board established an ad hoc committee, the Special Committee on
the Local Option Gas Tax, comprised of city and county officials, to recommend a plan to
the Board for the use and distribution of the Fifth Cent proceeds that the cities support; and
WHEREAS, the committee recommended that forty-eight percent (48%) of the
proceeds from the Fifth Cent be distributed to Broward County, twenty-six percent (26%) of
the proceeds from the Fifth Cent be distributed, based on population, to cities for public
transportation purposes, and that twenty-six percent (26%) of the proceeds should be
available to those cities interested in providing community bus shuttle services; and
WHEREAS, the City of Tamarac City Commission expressed its support for the
recommendations of the Special Committee on the Local Option Gas Tax to fund public
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Temp. Reso # 9036 - May 17, 2000
Revision # 1 — May 18, 2000
Page 2
transit services and projects by passing Resolution Number R-2000-14 on January 12, 2000
(attached hereto as Exhibit A); and
WHEREAS, Broward County desires to distribute the proceeds from the Fifth Cent
pursuant to an interlocal agreement with the eligible municipalities within Broward County;
and
WHEREAS, the City of Tamarac is an eligible municipality; and
WHEREAS, the City Manager recommends approval; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to execute an interlocal
agreement with Broward County for the division and distribution of the proceeds from the
Broward County Fifth Cent additional local option gas tax on motor fuel.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
Section 1: That the foregoing "WHEREAS' clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution.
Section 2: That the appropriate City officials are hereby authorized to execute an
interlocal agreement with Broward County for the division and distribution of the proceeds
from the Broward County Fifth Cent additional local option gas tax on motor fuel, attached
hereto as Exhibit B.
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Temp. Reso # 9036 - May 17, 2000
Revision # 1 — May 18, 2000
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 in application,
it shall not affect the validity of the remaining portion or applications of this Resolution.
Section 5: This Resolution shall become effective immediately upon its adoption.
PASSED, ADOPTED AND APPROVED this day ofhtk�k—'2000.
ATTEST:
JWENSON, CMC
dITY CLERK
FY th have
,QluU6n as
ITCHELL q)KRAFT
CITY ATTORNEY
JOE SCHREIBER, MAYOR
RECORD OF COMMISSION TE
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
/ C
DIST 2: COMM. MISHKIN
DIST 3: COMM. SUI.TANOF
DIST 4: VIM ROBERTS
a '`"' £ AWKARP COVAffY
Community Services Department
Mass Transit Division
BRO ARDCOUNTY 3201 W. Capons Road, Pompano Beach,FL 33069
Administration (954) 357-8300 / FAX (954) 357-8305 • Maintenance (954) 357-8423 / FAX (954) 357-8350
Marketing and Communications (954) 357-8355 / FAX (954) 357-8371 • Operations (954) 357-8383 / FAX (954) 357-8378
Paratransit (954) 357-8329 / FAX (954) 357-8345 • Service Development (954) 357-8375 / FAX (954) 357-8342
Transit Information Systems (954) 357-6792 / FAX (954) 357-8305
June 19, 2000
Jeffrey L. Miller, City Manager
Ulty of Famarac
7525 Northwest 88"' Avenue
Tamarac, Florida 33321-2401
RE: Interlocal Agreement Between Broward County and Municipalities for Division and
Distribution of the Proceeds from the Broward County Fifth Cent Additional Local
Option Gas Tax on Motor Fuel
Dcar Mr. Miller:
Unclosed, (or your tiles, is a fully -executed original of -the referenced agreement. On behall'ofthe
Broward County Board of County Conuuissioners, and the entire staff of Mass Transit Division, I
sincerely appreciate and thank you (or your support and quick action in considering, approval ofthis
intcrlocal agreement on such short notice.
You have probably read or heard by now that the Broward County Commission voted, at its public
hearing of .tune 13, to levy the additional one-ccnt local option gas tax on motor fuel solely for
public transportation -related purposes, effective January 1, 2001. We are very excited and eager to
implement the countywide transit improvements proposed by this penny tax, and we look forward
to working with the city's staff on this issue.
Sincerely,
Robert Roth
Director
RR/DD/ernz
FITiclosure
Larry Lietzkc, Director, Community Services Department
Pamela Madison, Director, Office of' Public and Governmental Relations
BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS - An Equal Opportunity Employer and Provider of Services
Norman Abramowitz Scott I. Cowan Suzanne N. Gunzburger Kristin D. Jacobs Ilene Lieberman Lori Nance Parrish John E. Rodstrom, Jr.
Visit us on the internet: www.broward-org/bct
Temp. Reso. # 9036 — May 17, 2000
Exhibit B
INTERLOCAL AGREEMENT
Between
BROWARD COUNTY
and
THE CITY OF TAMARAC, FLORIDA
for
DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM
THE BROWARD COUNTY FIFTH CENT ADDITIONAL
LOCAL OPTION GAS TAX ON MOTOR FUEL
INTERLOCAL AGREEMENT
Between
BROWARD COUNTY
and
THE CITY OF TAMARAC, FLORIDA
for
DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM
THE BROWARD COUNTY FIFTH CENT ADDITIONAL
LOCAL OPTION GAS TAX ON MOTOR FUEL
This is an Agreement, made and entered into by and between: BROWARD
COUNTY, a political subdivision of the state of Florida, hereinafter referred to as
"COUNTY,"
AND
THE CITY OF TAMARAC, FLORIDA, a municipal corporation, existing under the
laws of the state of Florida, hereinafter referred to as "CITY."
WHEREAS, the COUNTY currently levies four cents of the Additional Local Option
Gas Tax on Motor Fuel pursuant to Section 336.025(1)(b), Florida Statues; and
WHEREAS, the COUNTY and eligible municipalities now desire to levy a fifth cent of
the Additional Local Option Gas Tax on Motor Fuel (hereinafter referred to as the "Fifth
Cent") pursuant to Section 336.025(1)(b), Florida Statutes forthe purpose of transportation
expenditures set forth in Section 336.025(7)(a); and
WHEREAS, COUNTY desires to distribute the proceeds from the Fifth Cent
pursuant to an interlocal agreement with the eligible municipalities within Broward County;
and
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WHEREAS, the CITY is a municipality located within Broward County, Florida, and
represents that the CITY is eligible to receive a portion of proceeds from the Fifth Cent as
that term is defined and as imposed by Broward County pursuant to ordinance; and
WHEREAS, this is one of several interlocal agreements between the COUNTY and
various eligible municipalities providing the same terms for the division and distribution of
the proceeds from the Fifth Cent. All such agreements shall be deemed one Agreement
((hereinafter referred to as the "Fifth Cent Interlocal Agreement") for the purposes of
paragraph (1)(b)(2) of Section 336.025, Florida Statutes; and
WHEREAS, this Fifth Cent Interlocal Agreement constitutes an interlocal agreement
between Broward County and municipalities located therein representing a majority of the
population of the incorporated area within Broward County; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants and
payments hereinafter set forth, COUNTY and CITY agree as follows:
/e\=i9ral■MI
DEFINITIONS AND IDENTIFICATIONS
1.1 Agreement- means this document, Articles 1 through 9, inclusive. Other terms and
conditions are included in the exhibits and documents that are expressly
incorporated by reference.
1.2 Board - The Broward County Board of County Commissioners.
1.3 County Attorney - The chief legal counsel for COUNTY who directs and supervises
the Office of the County Attorney pursuant to Section 4.03 of the Broward County
Charter.
ARTICLE 2
DISTRIBUTION OF PROCEEDS
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:
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Population of Individual City
Total incorporated area Population X 26.0000%
city
Coconut Creek
Cooper City
Coral Springs
Dania Beach
Davie
Deerfield Beach
Fort Lauderdale
Hallandale
Hillsboro Beach
Hollywood
Lauderdale -by -the -Sea
Lauderdale Lakes
Lauderhill
Lazy Lake
Lighthouse Point
Margate
Miramar
North Lauderdale
Oakland Park
Parkland
Pembroke Park
Pembroke Pines
Plantation
Pompano Beach
Sea Ranch Lakes
Southwest Ranches
Sunrise
Tamarac
Weston
Wilton Manors
Total
Population
39,554
28,730
111,724
18,480
67,529
59,964
148,971
31,504
1,756
127,660
3,798
27,870
50,596
35
10,645
50,727
54,583
29,903
28,236
13,219
4,784
120,091
80,434
74,403
616
8,243
78,413
52,413
42,522
11,795
1,379,198
Unincorporated area 111,091
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FY 2001 Percent Share
0.745654%
0.541605%
2.106170%
0.348376%
1.273025%
1.130413%
2.808332%
0.593899%
0.033103%
2.406587%
0.071598%
0.525392%
0.953812%
0.000660%
0.200675%
0.956282%
1.028973%
0.563717%
0.532292%
0.249198%
0,090186%
2,263900%
1.516304%
1.402611 %
0.011613%
0.155393%
1.478205%
0.988066%
0.801605%
0.222354%
26.00000%
Total County 1,490,289
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. Such annual adjustment shall be determined as of September 1,
each year during which this Fifth Cent Interlocal Agreement is in effect.
2.1.2 The COUNTY shall allocate an additional twenty-six percent (26%) of the
proceeds from the Fifth Cent to eligible municipalities for the limited purpose
of funding community bus services within their municipal boundaries. Such
allocation shall be in accordance with program standards and criteria
developed and administered by the COUNTY.
2.2. The COUNTY and CITY agree that all the expenditures of the proceeds from
the Fifth Cent, divided and distributed pursuant to this Fifth Cent Interlocal
Agreement, shall be utilized only for transportation expenditures needed to
meet the requirements of the capital improvements element of the
comprehensive plan in accordance with the provisions and requirements of
Section 336.025 (7)(a), Florida Statutes.
ARTIN F
TERM AND TIME OF PERFORMANCE
Pursuant to the requirements of Section 336.025 (1)(b)(2), Florida Statutes, this
Fifth Cent Interlocal Agreement must be approved by one or more municipalities
representing the majority of the population of the incorporated area of Broward
County no later than June 1, 2000. This Fifth Cent Interlocal Agreement shall be in
effect through June 1, 2031. It shall govern the division and distribution of proceeds
from the Fifth Cent, imposed through December 31, 2031.
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CHANGES IN DISTRIBUTION OF PROCEEDS
4.1 Any change to the Division and Distribution of Proceeds from the Fifth Cent must be
accomplished by a written amendment, executed by the parties in accordance with
Section 7.9 below.
ARTICLE 5
GOVERNMENTAL IMMUNITY
5.1 CITY is a state agency or political subdivision as defined in Chapter 768.28, Florida
Statutes, and agrees to be fully responsible for acts and omissions of its agents or
employees to the extent permitted by law. Nothing herein is intended to serve as a
waiver of sovereign immunity by any party to which sovereign immunity may be
applicable. Nothing herein shall be construed as consent by a state agency or
political subdivision of the state of Florida to be sued by third parties in any matter
arising out of this Agreement or any other contract.
ARTICLE 6
TERMINATION
6.1 In the event the County rescinds this tax in the manner consistent with Section
336.025(5)(a), Florida Statutes, this Agreement shall be deemed terminated;
provided, however, any tax proceeds due to CITY at the time of termination, shall be
distributed as required under this Agreement.
ARTIN F 7
MISCELLANEOUS
7.1 OWNERSHIP OF DOCUMENTS
Any and all reports, photographs, surveys, and other data and documents provided
or created in connection with this Agreement are and shall remain the property of
COUNTY. In the event of termination of this Agreement, any reports, photographs,
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surveys, and other data and documents prepared by CITY, whether finished or unfinished,
shall become the property of COUNTY and shall be delivered by CITY to the Contract
Administrator within seven (7) days of termination of this Agreement by either party. Any
compensation due to CITY shall be withheld until all documents are received as provided
herein.
7.2 AUDIT RIGHT AND RETENTION OF RECORDS
COUNTY shall have the right to audit the books, records, and accounts of CITY that
are related to this tax. CITY shall keep such books, records, and accounts as may
be necessary in order to record complete and correct entries related to the tax.
CITY shall preserve and make available, at reasonable times for examination and
audit by COUNTY, all financial records, supporting documents, statistical records,
and any other documents pertinent to this Agreement for the required retention
period of the Florida Public Records Act (Chapter 119, Fla. Stat.), if applicable, or, if
the Florida Public Records Act is not applicable, for a minimum period of three (3)
years after termination of this Agreement. If any audit has been initiated and audit
findings have not been resolved at the end of the retention period or three (3) years,
whichever is longer, the books, records, and accounts shall be retained until
resolution of the audit findings. If the Florida Public Records Act is determined by
COUNTY to be applicable to CITY's records, CITY shall comply with all
requirements thereof; however, no confidentiality or non -disclosure requirement of
either federal or state law shall be violated by CITY. Any incomplete or incorrect
entry in such books, records, and accounts shall be a basis for COUNTY's
disallowance and recovery of any payment upon such entry.
7.3 NOTICES
Whenever either party desires to give notice to the other, such notice must be in
writing, sent by certified United States Mail, postage prepaid, return receipt
requested, or by hand -delivery with a request for a written receipt of
acknowledgment of delivery, addressed to the party for whom it is intended at the
place last specified. The place for giving notice shall remain the same as set forth
herein until changed in writing in the manner provided in this section. For the
present, the parties designate the following:
WE
FOR BROWARD COUNTY:
Director of Mass Transit Division
Broward County Mass Transit Division
3201 West Copans Road
Pompano Beach, Florida 33069
FnR r.ITY•
City Manager
City of Tamarac
7525 NW 8811 Avenue
Tamarac, FL 33321
with a copy to the City Attorney at the same address.
7.4 MATERIALITY AND WAIVER OF BREACH
COUNTY and CITY agree that each requirement, duty, and obligation set forth
herein is substantial and important to the formation of this Agreement and,
therefore, is a material term hereof.
COUNTY's failure to enforce any provision of this Agreement shall not be deemed a
waiver of such provision or modification of this Agreement. A waiver of any breach
of a provision of this Agreement shall not be deemed a waiver of any subsequent
breach and shall not be construed to be a modification of the terms of this
Agreement.
7.5 COMPLIANCE WITH LAWS
CITY shall comply with all federal, state, and local laws, codes, ordinances, rules,
and regulations in performing its duties, responsibilities, and obligations pursuant to
this Agreement.
7.6 SEVERANCE
In the event a portion of this Agreement is found by a court of competent jurisdiction
to be invalid, the remaining provisions shall continue to be effective unless
COUNTY or CITY elects to terminate this Agreement. An election to terminate this
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Agreement based upon this provision shall be made within seven (7) days after the
finding by the court becomes final.
7.7 PRIORITY OF PROVISIONS
If there is a conflict or inconsistency between any term, statement, requirement, or
provision of any exhibit attached hereto, any document or events referred to herein,
or any document incorporated into this Agreement by reference and a term,
statement, requirement, or provision of this Agreement, the term, statement,
requirement, or provision contained in Articles 1 through 7 of this Agreement shall
prevail and be given effect.
7.8 APPLICABLE LAW AND VENUE
This Agreement shall be interpreted and construed in accordance with and
governed by the laws of the state of Florida. Any controversies or legal problems
arising out of this Agreement and any action involving the enforcement or
interpretation of any rights hereunder shall be submitted to the jurisdiction of the
state courts of the Seventeenth Judicial Circuit of Broward County, Florida. By
entering into this Agreement, CITY and COUNTY hereby expressly waive any rights
either party may have to a trial by jury of any civil litigation related to, or arising out
of the Project.
7.9 AMENDMENTS
No modification, amendment, or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document prepared with the
same or similar formality as this Agreement and executed by the Board and CITY.
7.10 PRIOR AGREEMENTS
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters contained
herein and the parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Agreement that are not
contained in this document. Accordingly, the parties agree that no deviation from
the terms hereof shall be predicated upon any prior representations or agreements,
whether oral or written. It is further agreed that no modification, amendment or
alteration in the terms or conditions contained herein shall be effective unless set
forth in writing in accordance with Section 7.8 above.
7.10 INCORPORATION BY REFERENCE
The truth and accuracy of each "Whereas" clause set forth above is acknowledged
by the parties.
7.11 COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall
be deemed to be an original but all of which shall constitute one and the same
Agreement.
[Intentionally Left Blank]
IN WITNESS WHEREOF, the parties hereto have made and executed this Fifth
Cent Interlocal Agreement: 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 , and CITY,
signing by and through its ,Q/z,��2 U, duly authorized to execute
same.
ATTEST- BROWARD COUNTY, by and through
its Board of County Commissioners
Broward County A ministrator, as By.
Ex-officio Clerk of the Broward CoVn#y... m Chair
Board of County Commissionerg"
13 day of w.�.c , 20 d Q
t
Approved as to form by
EDWARD A. DION, County Attorney
for Broward County, Florida
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
By ;
Carol S. Wolff
Assistant County Attorney
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INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC
FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD
COUNTY FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL.
ATTEST:
_11 pri 'Swe son, CMC
lnt 'City Clerk
NMP:CSW:sl
gastax. ila
5/16/00
00-114.07
CITY
THE CITY OF TAMARAC
By: a-ts�-z
Ole Schreiber, Mayor
Date:
B Q4 4, P7
Y
Jeffr ler, City Manager
PPR V AS TO FO
UFFI I CY:n
By:
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Atto
LE