HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-020Temp. Reso. #13901
February 22, 2023
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2023 - ORO
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 FIFTH CENT ADDITIONAL LOCAL
OPTION GAS TAX ON MOTOR FUEL FOR
TRANSIT; 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, 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 2023 Amendment to that agreement; and
Temp. Reso. #13901
February 22, 2023
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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 March 31, 2023; 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. #13901
February 22, 2023
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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 2023 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 1 and hereby authorizes the
appropriate City Officials to accept and execute the 2023 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.
"This remainder of this page has been left blank intentionally"
Temp. Reso. #13901
February 22, 2023
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SECTION 5: This Resolution shall become effective immediately upon
adoption.
PASSED, ADOPTED AND APPROVED this aaxt day of _ r 7'g9ufi_f_�
2023.
ATTEST:
KA44ORLY DILLON, CMC
CITY CLERK
C �J
(MICHELLE J. G Z
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: V/M BOLTON
DIST 2: COMM. WRIGHT JR
T>3
DIST 3: COMM. VILLALOBOS
DIST 4: COMM. DANIEL
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APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND
RELIANCE OF THE CITY OF TAMARAC ONLY.
PANS OTTINOT
ITY ATTORNEY
Temp. Reso. # 13901 - Exhibit 1
INTERLOCAL AGREEMENT
REGARDING REESTABLISHING AND PROVIDING FOR DIVISION AND
DISTRIBUTION OF AN ADDITIONAL ONE -CENT ($0.01) LOCAL OPTION GAS TAX
(FIFTH CENT) 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
an additional one -cent ($0.01) local option gas tax (commonly referred to as the "Fifth Cent') 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 additional one -cent ($0.01) local option gas tax
expiring December 31, 2031, established by the Board of County Commissioners in Ordinance
No. 2000-25 ("Prior Ordinance"), 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 additional
one -cent ($0.01) local option gas tax to be used for transportation expenditures and to
allocate the proceeds of this local option gas tax among the Parties as set forth herein.
3. Termination of Prior Agreement: The Interlocal Agreement between the County and the
Municipalities for Division and Distribution of the Proceeds from the Broward County
Fifth Cent Additional Local Option Gas Tax on Motor Fuel executed by the Parties in
connection with the Prior Ordinance is terminated effective 11:59 p.m. on December 31,
2023.
4. Distribution of Proceeds: The Parties agree to divide the proceeds of the additional one -
cent ($0.01) local option gas tax according to the following distribution formula: Seventy-
four percent (74%) to the County, and Twenty-six percent (26%) to the Municipalities.
4.1 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.
4.2 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.
4.3 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.
5. Effective Date: Pursuant to Section 336.025(1)(b)l, Florida Statutes, the additional one -
cent ($0.01) 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.
6. 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.
7. 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.
8. 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.
PJ
9. Prior Agreements: This Agreement represents the final and complete understanding of
the Parties and incorporates, includes, and supersedes all prior negotiations,
correspondence, conversations, agreements, or 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
3
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 Administrator, as
ex oftkio 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 ameyerskbroward.org
County Attorney
Governmental Center, Room 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
KMC/sr
12/30/2022
Fifth Cent Local Option Gas Tax ILA.doc
#617186
COUNTY
BROWARD COUNTY, by and through its
Board of County Commissioners
By
2k day of_ ifi. W' , 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
rF Digitally signed by Kristin M. Carter
By Kristin M. Cal ter Date: 2023.04.1811:4907-04'00'
Kristin M. Carter (Date)
Assistant County Attorney
By Annika E. Ashton Digitally 3.04.1ned 11:49:kaE4'1.'Ashton
Date: 2023.04.1811:49:22 -04'00'
Annika E. Ashton (Date)
Deputy County Attorney
,4fji
O M Mks, ��.
... w%Or r
i J : CREATED Z
U : cn OCT 1st a
'Ar 1915 co
4
INTERLOCAL AGREEMENT REGARDING REESTABLISHING AND PROVIDING
FOR DIVISION AND DISTRIBUTION OF AN ADDITIONAL ONE -CENT ($0.01)
LOCAL OPTION GAS TAX (FIFTH CENT) ON EVERY GALLON OF MOTOR FUEL
SOLD IN BROWARD COUNTY
CITY OF TAMARAC, through its City Commission, signing by and througD its Mayor or
Vice -Mayor, authorized to execute the same by Board action on the as n day of
gFZtJIA (i� , 20 eZ ?✓' .
ATTEST:
Kimberly E1qjwb„ * C, CITY CLERK
of TAA4 • �'�
: ESTABLISHED : Q
1963
O ' SEAL
Cou
CITY
CITY OF T MARAC, a municipal corporation
Ij
By:
CITY MAOW'
Michelle J. Gomez
Print Name
ao��dday of ' uA'9y, 20,R 3
I HEREBY CERTIFY that I have approved this
Agreement as to form and legal sufficiency
subje to ex;c�igfi by the parties:
Designated Address for Notices (include e-mail address(es)):
Christine Cajuste, Director of Financial Services - christine.cajuste@tamarac.org
Kimberly Dillon, CMC, City Clerk - kimberly.dillon@tamarac.org
City of Tamarac
7525 NW 88 Avenue
Tamarac, FL 33321-2401
32