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HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-020Temp. Reso. #13901 February 22, 2023 Page 1 of 4 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 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 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 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 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 Page 4 of 4 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 `f 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