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HomeMy WebLinkAboutCity of Tamarac Resolution R-2022-053 Amdt to ILA Fifth-Cent Additional Gas TaxTemp. Reso. #13776 April 18, 2022 Page 1 of 4 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 Page 2 of 4 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 Page 3 of 4 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 Page 4of4 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 1915.a j'01 a fill !!liaiii 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