HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-019Temp. Reso. #13894
February 22, 2023
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2023 - 01 I
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, APPROVING
THE 2023 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 2023
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
Temp. Reso. #13894
February 22, 2023
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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
Temp. Reso. #13894
February 22, 2023
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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.
"The remainder of this page has been left blank intentionally"
Temp. Reso. #13894
February 22, 2023
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SECTION 5: This Resolution shall become effective immediately upon
adoption.
PASSED, ADOPTED AND APPROVED this as day of
2023.
ATTEST.-
KIMBIJRLY DILLON, CMC
CITY CLERK
MI HELLE J. GOM Z
MAYOR
RECORD OF COMMISSION VOTE
MAYOR GOMEZ
DIST 1:
V/M BOLTON
DIST 2:
COMM. WRIGHT JR
DIST 3:
COMM. VILLALOBOS
DIST 4:
COMM. DANIEL
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND
RELIANCE OF THE CITY OF TAMARAC ONLY.
'DNS O INOT
CITY ATTORNEY
Temp. Reso. # 13894 - Exhibit 1
INTERLOCAL AGREEMENT
REGARDING REESTABLISHING AND PROVIDING FOR DIVISION AND
DISTRIBUTION OF A THREE -CENT ($0.03) LOCAL OPTION GAS TAX ON EVERY
GALLON OF MOTOR FUEL SOLD IN BROWARD COUNTY
This Interlocal Agreement ("Agreement") is entered into by and among: BROWARD
COUNTY, a political subdivision of the State of Florida ("County"), COCONUT CREEK,
COOPER CITY, CORAL SPRINGS, DANIA BEACH, DAVIE, DEERFIELD BEACH, FORT
LAUDERDALE, HALLANDALE BEACH, 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, WEST
PARK, WESTON, and WILTON MANORS, all municipal corporations organized and existing
under the laws of the State of Florida (collectively referred to as the "Municipalities") (the County
and Municipalities are collectively referred to as the "Parties").
RECITALS
A. Section 336.025, Florida Statutes, as amended, authorizes the County to establish a
three -cent ($0.03) local option gas tax on every gallon of motor fuel sold in the County and taxed
under the provisions of Chapter 206, Florida Statutes, for a period not to exceed thirty (30) years,
to be used solely for "transportation expenditures" as defined in Section 336.025(7), Florida
Statutes, with distribution of the proceeds determined pursuant to an interlocal agreement between
the County and the eligible Municipalities representing a majority of the population of the
incorporated area within the County.
B. The Parties desire that the current three -cent ($0.03) local option gas tax expiring
December 31, 2023, be reestablished, reimposed, and relevied through December 31, 2053, with
the proceeds distributed among the Parties consistent with the terms of this Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, and pursuant to Section 336.025, Florida Statutes, the Parties
hereby agree as follows:
AGREEMENT
1. Recitals: The foregoing recitals are true and correct and by this reference are incorporated
herein.
2. Purpose of Agreement: The purpose of this Agreement is to reestablish the three -cent
($0.03) local option gas tax to be used for transportation expenditures and to allocate the
proceeds of the local option gas tax among the Parties as set forth herein.
3. Distribution of Proceeds: The Parties agree to divide the proceeds of the local option gas
tax according to the following distribution formula: Forty-eight and Seventy-three One-
hundredths percent (48.73%) to the County, and Fifty-one and Twenty-seven One -
hundredths percent (51.27%) to the Municipalities.
3.1 The allocation of proceeds to the Municipalities will be based upon the annual Bureau
of Economic and Business Research ("BEBR") population figures as of April 1 of each
year.
3.2 By July 1 of each year this Agreement is in effect, the County shall forward the
finalized BEBR population figures to the State of Florida Department of Revenue for
the purpose of distributing the proceeds of the local option gas tax in accordance with
the distribution formula established pursuant to this Agreement.
3.3 In the event the BEBR population figures are not finalized by July 1, the County shall
forward the finalized figures to the State of Florida Department of Revenue within
thirty (30) days after the County receives notice that the figures are finalized.
4. Effective Date: Pursuant to Section 336.025(1)(b)l, Florida Statutes, the three -cent
($0.03) local option gas tax and this Agreement shall become effective, and continue
uninterrupted, from and including January 1, 2024, through and including December 31,
2053, a term of thirty (30) years.
5. Notices: Whenever any Party desires to give notice to any other Party or Parties, such
notice must be in writing mailed and sent by e-mail to the designated representative(s) of
the respective Parties as indicated on the Parties' respective signature pages. Any Party
may change its designated representative(s) for notice purposes by providing notice thereof
to all other Parties in accordance with this paragraph.
6. Binding Effect: Each person executing this Agreement represents that he or she has been
empowered by his or her respective Party to enter into this Agreement and to bind such
Party to the commitments and undertakings contained herein. The provisions, conditions,
terms, and covenants contained herein shall be of a binding effect. The benefits and
advantages hereof shall inure to the respective Parties and the respective successors and
assigns.
7. Termination Resulting from Judicial Determination: If, as a result of a judicial ruling,
any Party properly terminates this Agreement, the distribution of the proceeds of the local
option gas tax for the following year shall be in accordance with Section 336.025(4)(a),
Florida Statutes, as amended.
8. Prior Agreements: This Agreement represents the final and complete understanding of
the Parties and incorporates, includes, and supersedes all prior negotiations,
correspondence, conversations, agreements, and understandings applicable to the matters
contained herein. There are no commitments, agreements, or understandings concerning
the subject matter of this Agreement that are not contained in this document. Accordingly,
no deviation from the terms hereof shall be predicated upon any prior representations or
agreements whether oral or written.
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9. Joint Preparation: Each Party acknowledges that it has sought and received whatever
advice and counsel as was necessary for it to form a full and complete understanding of all
rights and obligations herein and that the preparation of this Agreement resulted from the
joint efforts of all the Parties. The language agreed to expresses their mutual intent and the
resulting document shall not, solely as a matter of judicial construction, be construed more
severely against one of the Parties.
10. Counterparts: This Agreement may be executed in any number of counterparts, whether
signed physically or electronically, each of which, when executed and delivered, shall
constitute an original, but such counterparts shall together constitute one and the same
instrument.
11. Further Assurances: The Parties shall execute all such instruments, and agree to take all
such further actions, that may be reasonably required by any Party to fully effectuate the
terms and provisions of this Agreement.
12. Modification: No change or modification of this Agreement shall be valid unless in writing
and signed by all Parties hereto. No purported waiver of any of the provisions of the
Agreement shall be valid unless in writing and signed by the Party allegedly waiving the
applicable provision.
13. Ineligibility: If, during the term of the imposition of this local option gas tax, any of the
Municipalities become ineligible to receive a share of the proceeds of the local option gas
tax for any reason, any funds otherwise undistributed because of such ineligibility shall be
distributed by the Florida Department of Revenue to the remaining Municipalities in
proportion to the distribution formula then in effect.
IN WITNESS WHEREOF, the Parties hereto have made and executed this Interlocal Agreement:
BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS, signing by and
through its Mayor or Vice -Mayor, authorized to execute same by Board action on the 24th day of
January, 2023, and MUNICIPALITIES, signing by and through their representative authorized to
execute same pursuant to formal action taken on the date indicated on the respective signature
pages.
ATTEST:
Brow d County Ad inistrator, as
ex officio Clerk of the Broward County
Board of Commissioners
Designated Address for Notices:
Monica Cepero at mcepero@broward.org
Broward County Administrator
Governmental Center, Room 409
Fort Lauderdale, Florida 33301
Attention: County Administrator
With a copy to:
Andrew Meyers at ame ers ,broward.org
County Attorney
Governmental Center, Room 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
KMC/sr
12/30/2022
Three -Cent Local Option Gas Tax ILA.doc
#616378
COUNTY
BROWARD COUNTY, by and through its
Board of County Commissioners
By
�U day of , 2023
Approved as to form by
Andrew J. Meyers
Broward County Attorney
115 South Andrews Avenue, Suite 423
Fort Lauderdale, FL 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
Digitally signed by Kristin M. Carter
By Kristin M. Carter Date: 2023.04.,8,4A519-"00•
Kristin M. Carter (Date)
Assistant County Attorney
ton
By Annika E. Ashton°te:20Z �a814 5 4-04'W
Annika E. Ashton (Date)
Deputy County Attorney
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1
INTERLOCAL AGREEMENT REGARDING REESTABLISHING AND PROVIDING
FOR DIVISION AND DISTRIBUTION OF A THREE -CENT ($0.03) LOCAL OPTION
GAS TAX ON EVERY GALLON OF MOTOR FUEL SOLD IN BROWARD COUNTY
CITY OF TAMARAC, through its City Commission, signing by and through its Mayor or
Vice -Mayor, authorized to xecute the same by Board action on the e2� day of
64aA'-J , 202 9.
ATTEST:
Atm b �LWe �
Kimberly Dillon, CMC, CITY
CLERK
TA MA
ESTABLISHED o
SEAL
.O�• S .v
COv►N
CITY
CITY OF TA ARAC, a municipal corporation
By:
CITY MAYOTR
Michelle J. Gomez
Print Name
6W dday of , 20%3
I HEREBY CERTIFY that I have approved this
Designated Address for Notices (include e-mail address(es):
Christine Cajuste, Director of Financial Services - cliristine.cajuste@tamarac.org
Kimberly Dillon, CIVIC, City Clerk - kimberly.dillon@taniarac.org
City of Tamarac
7525 NW 88 Avenue
Tamarac, FL 33321-2401
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