HomeMy WebLinkAboutCity of Tamarac Resolution R-2022-053 Amdt to ILA Fifth-Cent Additional Gas TaxTemp. Reso. #13776
April 18, 2022
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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 FIFTH CENT ADDITIONAL LOCAL
OPTION GAS TAX ON MOTOR FUEL FOR
TRANSIT; 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, 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 proceed 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 2022 Amendment to that agreement; and
Temp. Reso. #13776
April 18, 2022
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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
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, 2022; and
WHEREAS, the City Manager and the Director of Financial Services
recommend approval; and
WHEREAS, the City Commission of the City of Tamarac, 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 THAT:
Temp. Reso. #13776
April 18, 2022
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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. All exhibits attached hereto are incorporated herein and made a
specific part of this Resolution.
SECTION 2: The City Commission hereby approves the 2022 Amendment
to Interlocal Agreement 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 which is
attached hereto and incorporated herein as Exhibit 2 and hereby authorizes the
appropriate City Officials to accept and execute the 2022 Amendment to the
Interlocal Agreement.
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.
Temp. Reso. #13776
April 18, 2022
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SECTION 5: This Resolution shall become effective immediately upon
adoption.
PASSED, ADOPTED AND APPROVED this r day of 11111-Ij
2022.
ICHELLE J. G01flEZ
MAYOR
ATTEST:
KIMBE LY DILLON, CMC
ACTING CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ Icy
DIST 1: COMM. BOLTON yt�
DIST 2: V/M GELIN_
DIST 3: COMM. VILLALOBOS �3
DIST 4: COMM. PLACKO
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND
RELIANCE OF THE CITY OF TAMARAC ONLY.
=7
JOH� R. HERIN,
CITYIATTORNEY
EXHIBIT 2
2022 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION
AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY
ADDITIONAL FIFTH -CENT LOCAL OPTION GAS TAX ON MOTOR FUEL FOR
TRANSIT
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."
PF:rITAI S
A. Section 336.025(1)(b), Florida Statutes, authorizes the counties to extend
the levy of the additional fifth -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. On June 13, 2000, the Broward County 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 additional
fifth -cent local option gas 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 4 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 utilizing 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
Section 336.025(1)(b), Florida Statutes, the County and Municipalities agree as follows:
1. Section 2.1 of the Interlocal Agreement, as previously amended, is hereby
amended to read as follows:
2.1 Seventy-four percent (74%) of the total proceeds from the additional
fifth -cent local option gas tax shall be distributed to the County. The remaining
twenty-six percent (26%) shall be distributed to the eligible municipalities in the
County as follows:
Population of Each Eligible Municipality
Total County Incorporated Area X 26.0000%
Population
Recipient
BEBR
Population
4/1/21
FY23 Percent
Share of
Proceeds
Coconut Creek
57,871
0.776273%
Cooper City
34,397
0.461396%
Coral Springs
134,558
1.804940%
Dania Beach
31,837
0.427057%
Davie
106,199
1.424537%
Deerfield Beach
87,106
1.168426%
Fort Lauderdale
186,076
2.495994%
Hallandale Beach
41,157
0.552074%
Hillsboro Beach
1,986
0.026640%
Hollywood
153,854
2.063774%
Lauderdale -by -the -Sea
6,203
0.083206%
Lauderdale Lakes
36,647
0.491577%
Lauderhill
74,538
0.999841 %
Lazy Lake
33
0.000442%
Lighthouse Point
10,499
0.140832%
Margate
58,714
0.787580%
Miramar
136,007
1.824377%
North Lauderdale
44,855
0.601678%
Oakland Park
44,296
0.594180%
Parkland
35,440
0.475387%
Pembroke Park
6,222
0.083461 %
Pembroke Pines
170,857
2.291849%
Plantation
92,628
1.242498%
Pompano Beach
113,144
1.517696%
Sea Ranch Lakes
535
0.007176%
Southwest Ranches
7,675
0.102951 %
Sunrise
97,359
1.305958%
Tamarac
72,509
0.972624%
Weston
68,305
0.916233%
West Park
15,229
0.204279%
Wilton Manors
11,560
0.155064%
Total Incorporate::
1,938,296
26.000000%
GaxTax_5 2022 Amendment Page 2 of 35
Recipient
Unincorporated Area
BEBR
Population
4/1/21
17.079
Total County 1 1.955.375 1
FY23 Percent
Share of
Proceeds
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 additional fifth -cent local
option gas tax shall be adjusted annually based on the current Florida Estimates
of Population.
2. This 2022 Amendment shall be effective as of the date it is executed by the County
after having previously been executed by the 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.
3. 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.
4. 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.
5. 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.]
GaxTax_5 2022 Amendment Page 3 of 35
IN WITNESS WHEREOF, the Parties hereto 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.
Print ame: Kyle Bienkowski
Print Name: TAMARA BRANNON
w p = OCT 1st o rn
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COUNTY
Broward County, by and through
its County Administrator
By -
Mofica Cepero
Cotrnty Administra
� . 1 ' 'day of J 209,@
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
y l 217T
Annika E. Ashton (Date)
Deputy County Attorney
GaxTax_5 2022 Amendment Page 4 of 35
2022 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND
DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL
FIFTH -CENT LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT
WITNESSES:
MUNICIPALITY
,41VI,�1,�'�rr
1SM�p'•. �c.
ATTEST: ��'.�� :��P`� • v�
•' .
Kimberly Dill n, CMC, Acting City Clerk
(CORPORATE SEAL)
Municipality: TAMARAC
By 7AV
Mid elle J. Gomez, ayor
day of 204
Kath eeh Gunn, City Manager
day of 1 , l 2072.
rIAMI,I
• •R I
rney
GaxTax_5 2022 Amendment Page 32 of 35