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
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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, 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
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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.
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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
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01/29/18 19
Six-Cent Local Option Gas Tax ILA.doc .77 I5 � �1
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•
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
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Signature of Witnessit Mayor
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Print of Type Name of Witness
Signature of Witness City Manager _i
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Print of Type Name of Witness 4®
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Approv a o le form
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Attorney
Designated Address for Notices (include email addr ss(es):
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