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Home My WebLink AboutCity of Tamarac Resolution R-2022-052 Amdt to ILA Three-Cent Gas TaxTemp. Reso. #13775 April 18, 2022 Page 1 of 3 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2022 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE 2022 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL THREE -CENT LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE 2022 AMENDMENT TO INTERLOCAL AGREEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes provide that municipalities shall have the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal service, and exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Article IV, Section 4.07 of the City Charter of the City of Tamarac ("City") empowers the City to adopt, amend, or repeal such ordinances and resolutions as may be required for the proper governing of the City; and WHEREAS, effective September 1, 2018, the Broward County Board of County Commissioners ("County") approved a thirty-year extension of the six cent Local Option Gas Tax; and 133807928.1 Temp. Reso. #13775 April 18, 2022 Page 2 of 3 WHEREAS, the County and the various municipalities, including the City, entered into an Interlocal Agreement providing for the distribution formula of the six cent Local Option Gas Tax ("ILA"),- and WHEREAS, the County Attorney's office has prepared the necessary annual amendment to the ILA ("ILA amendment"); and WHEREAS, the ILA amendment complies with the statutory requirement for establishing 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 City Commission of the City of Tamarac, deems it to be in the best interests of its business owners, residents, and visitors to authorize the appropriate City Officials to execute the ILA amendment between Broward County and the City of Tamarac . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: 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; all exhibits attached hereto are incorporated herein and made a specific part thereof. SECTION 2: The City Commission approves the ILA amendment attached and incorporated herein as Exhibit 1, between Broward County and City of Tamarac providing for division and distribution of the proceeds from the Broward 133807928.1 Temp. Reso. #13775 April 18, 2022 Page 3 of 3 County Additional Local Option Gas Tax and authorizes the appropriate City Officials to execute the ILA amendment. 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 adoption. PASSED, ADOPTED AND APPROVED this day of May, 2022. MICHELLE J. KOMEZ MAYOR ATTEST: J?A KIMBERL DILLON, CMC ACTING CITY CLERK [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 133807928.1 Temp. Reso. #13775 April 18, 2022 Page 4 of 3 RECORD OF COMMISSION VOTE: MAYOR GOMEZ DIST 1: COMM. BOLTON Y DIST 2: V/M GELIN� DIST 3: COMM. VILLALOBOSS DIST 4: COMM. PLACKO — APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THE CITY OF TAMARAC ONLY. JOHN R--HIERIN, JR. CI Y TORNEY i 133807928.1 EXHIBIT 1 2022 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL THREE -CENT LOCAL OPTION GAS TAX ON MOTOR FUEL This 2022 Amendment to Interlocal Agreement ("2022 Amendment") is entered into by and between Broward County, a political subdivision of the State of Florida ("County"), and the municipalities executing a signature page bearing the above legend, each of which is a municipal corporation existing under the laws of the State of Florida, (each a "Municipality" and, collectively "Municipalities"). County and Municipalities are collectively referred to as the "Parties." RECITALS A. Section 336.025(1)(b), Florida Statutes, authorizes the County to extend the levy of the additional three -cent local option gas tax upon every gallon of motor 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. B. The Broward County Board of County Commissioners enacted Section 31'/2-38, Broward County Code of Ordinances, effective January 1, 1994, through December 31, 2024, pursuant to Section 336.025(1)(b), Florida Statutes, imposing the levy of the three -cent ($.03) local option fuel tax for thirty (30) years and providing for a method of distribution of the proceeds of the tax. C. The method for distribution of the proceeds is established by an Interlocal Agreement with Municipalities representing a majority of the population of the incorporated area within the County ("Interlocal Agreement"). D. Paragraph 3 of the Interlocal Agreement requires annual adjustment of the division and distribution of the proceeds based upon 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 ("BEBR Figures"). NOW, THEREFORE, for good and valuable consideration, and pursuant to the authorization of Section 336.025(1)(b)2., Florida Statutes, the County and Municipalities agree as follows: 1. Paragraph 2 of the Interlocal Agreement, as previously amended, is hereby amended to read: 2. Forty-eight and Seventy-three One -hundredths percent (48.73%) of the total proceeds from the additional three -cent local option fuel tax shall be divided and distributed to the County, and the remaining Fifty-one and Twenty-seven One - hundredths percent (51.27%) of the total proceeds from the additional three -cent GaxTax3_2022 Amendment Page 1 of 36 local option fuel tax shall be divided among and distributed to the eligible municipalities within the County as follows: Population of Each Eligible Municipality x 51.27% - Total County Incorporated Area Population Recipient FY23 Percent Share of Proceeds Coconut Creek 1.530750% Cooper City 0.909837% Coral Springs 3.559203% Dania Beach 0.842123% Davie 2.809077% Deerfield Beach 2.304047% Fort Lauderdale 4.921909% Hallandale Beach 1.088647% Hillsboro Beach 0.052532% Hollywood 4.069603% Lauderdale -by -the -Sea 0.164076% Lauderdale Lakes 0.969352% Lauderhill 1.971610% Lazy Lake 0.000870% Lighthouse Point 0.277710% Margate 1.553048% Miramar 3.597530% North Lauderdale 1.186463% Oakland Park 1.171677% Parkland 0.937426% Pembroke Park 0.164579% Pembroke Pines 4.519350% Plantation 2.450110% Pompano Beach 2.992780% Sea Ranch Lakes 0.014151 % Southwest Ranches 0.203012% Sunrise 2.575250% Tamarac 1.917941 % Weston 1.806740% West Park 0.402823% Wilton Manors 0.305774% Total Incor orated 51.270000% GaxTax3_2022 Amendment Page 2 of 36 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 additional three -cent local option fuel tax shall be adjusted annually based on the then -current "Florida Estimates of Population." For the purpose of this Agreement, the population figures are as follows: Recipient BEBR Population 4/1 /21 Coconut Creek 57,871 Cooper City 34,397 Coral Springs 134,558 Dania Beach 31,837 Davie 106,199 Deerfield Beach 87,106 Fort Lauderdale 186,076 Hallandale Beach 41,157 Hillsboro Beach 1,986 Hollywood 153,854 Lauderdale -by -the -Sea 6,203 Lauderdale Lakes 36,647 Lauderhill 74,538 Lazy Lake 33 Lighthouse Point 10,499 Margate 58,714 Miramar 136,007 North Lauderdale 44,855 Oakland Park 44,296 Parkland 35,440 Pembroke Park 6,222 Pembroke Pines 170,857 Plantation 92,628 Pompano Beach 113,144 Sea Ranch Lakes 535 Southwest Ranches 7,675 Sunrise 97,359 GaxTax3_2022 Amendment Page 3 of 36 Recipient BEBR Population 4/1 /21 Tamarac 72,509 Weston 68,305 West Park 15,229 Wilton Manors 11,560 Total Incorporated 1,938,296 Unincorporated Area 17,079 Total County 1,955,375 3. This 2022 Amendment shall be effective as of the date it is executed by the County after having previously been executed by Municipalities cumulatively representing a majority of the incorporated area population of the County. The amended population figures and share of proceeds shall take effect as provided by applicable law. 4. In the event any provision within this 2022 Amendment is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless the County or any executing Municipality necessary to maintain the cumulative majority referenced in the preceding paragraph elects to terminate the Interlocal Agreement. The election to terminate pursuant to this provision must be made within seven (7) days after such court ruling; provided, however, that if a timely notice appealing the court ruling is filed, the election shall be held in abeyance until the appeal is determined or dismissed. 5. Except to the extent amended, the Interlocal Agreement shall remain in full force and effect. In the event of any conflict between the terms of this 2022 Amendment and the Interlocal Agreement, as previously amended, the Parties acknowledge that this 2022 Amendment shall control. 6. This 2022 Amendment 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. [THE REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.] GaxTax3_2022 Amendment Page 4 of 36 IN WITNESS WHEREOF, the Parties have made and executed this 2022 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 County Administrator, authorized to execute same by Board action on April 5th, 2022, and each Municipality, signing by and through the official indicated on each signature page, duly authorized to execute same. WITNESSES: Print Name: Ne .. . Print Name: TAMARA BRANNON rAl E _� '� OCT 1st '_ v •off 191' . ;. F" C00 .\,. rooiteo►►tt1 COUNTY Broward County, by and through its County Administrator By Moyfca Cepe o Cd1anty Administrator day of % 20 Approved as to form by Andrew J. Meyers Broward County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 BY * 6/ I /-Y�Annika E. Ashton (Date) Deputy County Attorney GaxTax3_2022 Amendment Page 5 of 36 2022 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL THREE - CENT LOCAL OPTION GAS TAX ON MOTOR FUEL MUNICIPALITY WITNESSES: Municipality- TAMARAC By Ady'fll- — Mi helle J. Gomez, Mayor - 9' day of 20 a ATTEST: _ 0: c�P,Z\-\a,\ED p _' By Kimberly Dil( �' CiA e..g�City Clerk l" Kathleen Gunn, City Manager (CORPORATE SEAL) day of 20_2Z APPROVED AS TO FORM: rin, Jr.; Attorney GaxTax3_2022 Amendment Page 33 of 36