Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-2018-021TR. #13069 February 14, 2018 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2018-�- ( A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE 2018 RENEWAL OF THE ORIGINAL BROWARD COUNTY SIX CENT LOCAL OPTION GAS TAX LEVIED IN 1988 EXPIRING ON ADGUST 31, 2018 TO BE REESTABLISHED, REIMPOSED AND LEVIED THROUGH DECEMBER 31, 2047 BETWEEN BROWARD COUNTY AND CITY OF TAMARAC PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE SIX -CENT LOCAL OPTION GAS TAX ON EVERY GALLON OF MOTOR FUEL AND SPECIAL FUEL SOLD IN THE COUNTY AND TAXED UNDER THE PROVISION OF CHAPTER 206, FLORIDA STATUTES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 14, 1988, the Broward County Board of County Commissioners approved a thirty-year extension of the six cent Local Option Gas tax; and WHEREAS, the original six cent local option gas tax was levied in 1988 for a period of 30 years and expires on August 31, 2018; and WHEREAS, the County Attorney's office has prepared the necessary amendment to the Interlocal Agreement which provides the distribution formula for the tax proceeds; and WHEREAS, this will be a thirty-year renewal to that agreement; and TR. #13069 February 14, 2018 Page 2 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, 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, 2018; and WHEREAS, the City Manager and the Director of Financial Services recommend approval; and WHEREAS, the City Commission of the City of Tamarac, Florida 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 renewal of the Interlocal Agreement between Broward County and the City of Tamarac providing for the division and distribution of the proceeds of the Six -cent Local Option Gas Tax imposed by the Broward County Local Option Gas Tax Ordinance. TR. #13069 February 14, 2018 Page 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 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 expressly incorporated herein and made a part hereof. SECTION 2: The appropriate City Officials are hereby authorized to accept and execute the attached 2018 Renewal to Interlocal Agreement between Broward County and City of Tamarac providing for division and distribution of the proceeds from the Six -cent Local Option Gas Tax on Every Gallon of Motor Fuel and Special Fuel Sold in Broward County (attached hereto as Exhibit A). 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. TR. #13069 February 14, 2018 Page 4 SECTION 5: This resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this n PATRICIA TEUFEL, C�C CITY CLERK I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM "a day of �?�`;,;r.r-', 2018. HAR Y DRESSLER MAYOR RECORD OF COMMISSION VOTE MAYOR DRESSLER DIST 1: COMM. BOLTON� DIST 2: V/M GOMEZ DIST 3: COMM. FISHMAN DIST 4: COMM. PLACKO' v INSTR# 115116671 Recorded 06/04/18 at 03:40 PM Broward County Commission 36 Page(s) INTERLOCAL AGREEMENT Mtg Doc Stamps:$0.00 Int Tax$0.00 #1 among BROWARD COUNTY and 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,MARGA FE,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 regarding Distribution of a Six-cent Local Option Gas Tax on Every Gallon of Motor Fuel and Special 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, DAVIT', DEERFIELD BEACH, FORT LAUDERDALE, HALLANDALE BEACH, HILLSBORO BEACH, HOLLYWOOD, LAUDERDALE-BY-THE-SEA, LAUDERDALE LAKES, LAUDERHILL, LAZY LAKE, LIGHTHOUSE POINT, MARGATE, MIRAMAR,AMAR, 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")(County and Municipalities are collectively referred to as the"Parties"). RECITALS 1. Section 336.025, Florida Statutes, as amended, authorizes the County to establish a six- cent ($0.06)local option gas tax on every gallon of motor fuel and special 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. 2. The Parties desire that the current six-cent local option gas tax expiring August 31, 2018, be reestablished, reimposed, and relevied through December 31, 2047, with the proceeds distributed among the Parties consistent with the terms of this Agreement. Approved BCC I"\o1.:3I l ± �� Submitted By ,� �� � M. RETURN TO DOCUMENT CONTROL pj lc, 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. Intent of Agreement: The intent of this Agreement is to establish the method of distribution of the proceeds of a local option gas tax to be used for transportation expenditures. 3. Distribution of Proceeds: The Parties agree to divide the proceeds of the local option gas tax according to the following distribution formula: Sixty-two and one-half percent (62.5%) to the County, and Thirty-seven and one-half percent (37.5%) to the Municipalities. 3.1 The distribution of proceeds to the Municipalities will be based upon the annual Bureau of Economics and Business Research ("BEBR") population figures as of April 1 of each year,pursuant to Section 336.025(3)(a)(3),Florida Statutes,as same may be amended. 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)(1), Florida Statutes, the six-cent local option gas tax and this Agreement shall be effective, and continue uninterrupted, from and including September 1,2018,through and including December 31,2047,a term of twenty- nine (29) years and four (4) months, provided that the County and Municipalities representing a majority of the population of the incorporated area within Broward County have approved and executed this Agreement by March 31,2018. 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 email 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. 2 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 to their respective successors and assigns. 7. Termination Resulting From Judicial Determination: If, as a result of any judicial ruling, any party properly terminates this Agreement, the distribution of the proceeds of the local option gas tax for the following year and for the remainder of the tax levy shall be in accordance with Section 336.025(4)(a),Florida Statutes, as amended. 8. Merger: 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. 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, 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, as 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. 3 IN WITNESS WHEREOF, the Parties hereto have made and executed this Interlocal Agreement on the respective dates under each signature: Broward County, by and through its County Administrator as authorized by action of its Board of County Commissioners taken on January 23, 2018, and Municipalities, signing by and through their representative authorized to execute the same pursuant to formal action taken on the date indicated on the respective signature pages. COUNTY WITNESS: BROWARD COUNTY, by and through its County Administrator jujz,ty-r\ 5 tcf By 2-i Signature of Witne s (Date) Bertha Henry t,jniat- f, � 1�i tt II 41:\dayof 1116,11 , 2018 Signatur of Witness ate) Approved as to form by Andrew J. Meyers Broward County Attorney Governmental Center, Suite 423 Designated Address for Notices: 115 South Andrews Avenue Bertha Henry at bhenry@broward.org Fort Lauderdale, Florida 33301 Broward County Administrator Telephone: (954)357-7600 Governmental Center,Room 409 Telecopier: (954) 357-7641 Fort Lauderdale,Florida 33301 (1,60,)',0,,Ecif•Attention: County Administrator By S t( j I14 Claudia Capdesuner (Date) Assistant Countttorney With a copy to: ; Andrew J.Meyers at ameyers@broward.org By�' �, , `C(L 5 to liy County Coun Attorney Aa . . lac e (Date Governmental Center, Suite 423 Deputy ' ty Attorney 115 South Andrews Avenue oumistis���� Fort Lauderdale, Florida 33301 .y•C O M g7"i,'�,% CREATED : Z CC/MW =0 hp :x OCT I st a: rn 01/29/18 19 Six-Cent Local Option Gas Tax ILA.doc .77 I5 � �1 .�� 4 ''/ ��iN*u�Nt,��``````` • INTERLOCAL AGREEMENT AMONG BROWARD 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 REGARDING DISTRIBUTION OF A SIX-CENT LOCAL OPTION GAS TAX ON EVERY GALLON OF MOTOR FUEL AND SPECIAL FUEL SOLD IN BROWARD COUNTY CITY OF TAMARAC,through its City Commission, signing by and through its Mayor or Vice-Mayor, authorized to execute the same by Board action on the 02e-41v day of WITNESS: CITY 1, itLA/ e � ( By E - Signature of Witnessit Mayor f �,, /t•� W;e'e:-/ t, 7' f day of , 2018 Print of Type Name of Witness Signature of Witness City Manager _i `111111 1 mi/I Print of Type Name of Witness 4® ATTE \ J • Approv a o le form / - Attorney Designated Address for Notices (include email addr ss(es): M /7S ar_ /Vn t"ui. ,e 14 sa f__ rr / o 32