HomeMy WebLinkAboutCity of Tamarac Resolution R-2018-050TR. #13099
May 8, 2018
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2018- SO
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA APPROVING THE 2018
AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN
BROWARD COUNTY AND CITY OF TAMARAC
PROVIDING FOR DIVISION AND DISTRIBUTION OF THE
PROCEEDS FROM THE BROWARD COUNTY FIFTH CENT
ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL
FOR TRANSIT; AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE THE 2018 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 2018 Amendment to that agreement; and
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
TR. #13099
May 8, 2018
Page 2
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 June 1, 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 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:
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 City Commission hereby approves the 2018 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 A and hereby authorizes the appropriate City Officials to accept and
execute the 2018 Amendment to the Interlocal Agreement.
TR. #13099
May 8, 2018
Page 3
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.
SECTION 5: This resolution shall become effective immediately upon its passage and
adoption.
PASSED, ADOPTED AND APPROVED this c -3 day of �4/� , 2018.
H41RRvY D ESSLER, MAYOR
ATTEST:
-PATRICIA TEUFEL, CMC
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BOLTON
DIST 2: V/M GOMEZ t
DIST 3: COMM. FISHMAN
DIST 4: COMM. PLACKO ✓'�
67
I HEREBY CERTIFY THAT 1 HAVE
APPROVED THIS RESOLUTION
AS TO FORM
+ AMUEL S. GOREN
CITY ATTORNEY
EXHIBIT 2
2018 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION
AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY FIFTH
CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT
This 2018 Amendment to Interlocal Agreement is entered into by and between
Broward County, a political subdivision of the State of Florida (the "County") and the
municipalities executing a signature page bearing the above legend, each of which is a
municipal corporation existing under the laws of the State of Florida (the
"Municipalities").
RECITALS
A. Section 336.025(1)(b), Florida Statutes, authorizes the counties to extend the
levy of the additional local option gas tax upon every gallon of motor fuel sold in
Broward County for a period not to exceed thirty (30) years on a majority vote of
the governing body of the County; and
B. On June 13, 2000, the Board of County Commissioners enacted Ordinance No.
2000-25, effective January 1, 2001, through December 31, 2031, pursuant to
Section 336.025(1)(b), Florida Statutes, extending the levy of the fifth -cent local
option gas tax for thirty years and providing for a method of distribution of the
proceeds of the tax; and
C. Pursuant to said Ordinance, the method for distribution of the proceeds is the
execution of an Interlocal Agreement with one or more of the municipalities
representing a majority of the population of the incorporated area within the
County which establishes the distribution formulas for dividing the proceeds of
the tax among the County and all eligible municipalities within the County; and
D. Paragraph 4 of the Interlocal Agreement requires annual adjustment of the
population of the individual municipalities and unincorporated Broward County in
accordance with the population figures set forth in the most current edition of
"Florida Estimates of Population," published by the Bureau of Economics and
Business Research, Population Division, University of Florida;
NOW, THEREFORE, for good and valuable consideration, and pursuant to the
authorization of paragraph Section 336.025(1)(b), Florida Statutes, the County and
Municipalities agree as follows:
1. Paragraph 2 of the Interlocal Agreement, as previously amended, including
section 2.1.2, is hereby amended to read as follows:
2.1 Seventy-four percent (74%) of said proceeds shall be distributed to the
County, from which amount the County will retain forty-eight percent (48%) of the
total proceeds and will distribute twenty-six percent (26%) of the total proceeds to
the municipalities through grant agreements for Community Shuttle Services.
The remaining twenty-six percent (26%) shall be distributed to the eligible
municipalities in the following manner:
Population of Individual Municipality
Total incorporated area Population X 26.0000%
Recipient
FY19 Population
FY19 Percent
Share of Proceeds
Coconut Creek
57,395
0.802743%
Cooper City
33,758
0.472149%
Coral Springs
127,381
1.781587%
Dania
31,473
0.440190%
Davie
100,689
1.408265%
Deerfield Beach
78,042
1.091518%
Fort Lauderdale
179,063
2.504426%
Hallandale
38,746
0.541913%
Hillsboro Beach
1,911
0.026728%
Hollywood
147,212
2.058949%
Lauderdale -by -the -Sea
6,175
0.086365%
Lauderdale Lakes
35,094
0.490835%
Lauderhill
71,178
0.995516%
Lazy Lake
26
0.000363%
Lighthouse Point
10,526
0.147220%
Margate
57,961
0.810659%
Miramar
136,246
1.905575%
North Lauderdale
44,408
0.621103%
Oakland Park
44,409
0.621117%
Parkland
31,476
0.440232%
Pembroke Park
6,368
0.089065%
Pembroke Pines
163,103
2.281205%
Plantation
88,619
1.239451 %
Pompano Beach
109,441
1.530673%
Sea Ranch Lakes
692
0.009679%
Southwest Ranches
7,614
0.106492%
Sunrise
91,865
1.284850%
Tamarac
63,910
0.893863%
Weston
66,609
0.931612%
West Park
14,912
0.208563%
Wilton Manors
12,662
0.177094%
Total Incorporated
1,858,964
26.000000%
Unincorporated Area
15,006
«Municipality»
GasTax5_2018 Agreement
Total County I1,873,970
The population figures set forth above are based on the figures contained
in the document referred to as the "Florida Estimates of Population,"
published on an annual basis by the Bureau of Economic and Business
Research, Population Division, of the University of Florida. The population
figures to be utilized in the formula described in this section, for the
distribution of the Fifth Cent, shall be adjusted annually based on the
current Florida Estimates of Population.
2.1.2 As stated above, the other Twenty-six percent (26%) shall be
distributed by the County to the Municipalities through grant agreements
for Community Shuttle Services.
2. This 2018 Amendment to Interlocal Agreement shall be effective as of the date it
is executed by the County after having previously been executed by eligible
municipalities cumulatively representing a majority of the incorporated area population
of the County; the amended population figures and share of proceeds shall take effect
as provided by applicable law.
3. In the event any provision within this 2018 Amendment to Interlocal Agreement is
found by a court of competent jurisdiction to be invalid, the remaining provisions shall
continue to be effective unless the County or any executing Municipality necessary to
maintain the cumulative majority referenced in the preceding paragraph elects to
terminate this Agreement. The election to terminate pursuant to this provision must be
made within seven (7) days after such court ruling; provided, however, that if a timely
notice appealing the court ruling is filed, the election shall be held in abeyance until the
appeal is determined or dismissed.
4. Except to the extent amended, the Interlocal Agreement shall remain in full force
and effect. In the event of any conflict between the terms of this 2018 Amendment and
the Interlocal Agreement, as previously amended, the parties hereby agree that this
document shall control.
5. This 2018 Amendment to Interlocal Agreement may be executed in several
counterparts, each of which so executed shall be deemed to be an original, and such
counterparts together shall constitute one and the same instrument.
[THE REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.]
«Municipality»
GasTax5_2018 Agreement 3
IN WITNESS WHEREOF, the parties have made and executed this 2018
Amendment to the Interlocal Agreement on the respective dates under each signature:
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
April Oth, 2 18, and each MUNICIPALITY, signing by and through its
, duly authorized to execute same.
COUNTY
ATTES : BROWARD COUNTY, by and through
its Board of County Commissioners
BroWard County Administrator, as _. B
Ex-Officio Clerk of the Broward County Mayor
Board of County Commissioners
1S-day of jJf1Q,.2018
��ttitcll111+++++,, Approved as to form by:
G O M•M'SS`•,% Andrew J. Meyers
•.• • '�'% Broward County Attorney
Governmental Center, Suite 423
: CREATED ••< rn= 115 South Andrews Avenue
=0 :� OCT 1st
1915 ®. ( == Fort Lauderdale, Florida Avenue
'•. ,�� �•' Telephone: (954) 357-7600
• rp�NTl Telecopier: (954) 357-7641
++UIIIIt11� CZaU6M-QlfBy
Claudia Capdesuner
Assistant County Attorney
D I V ( ^J
By
A a J. I
Deputy County At orney 4
Date: (2/ O /g
«Municipality»
GasTax5_2018 Agreement 4
2018 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION
AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY FIFTH
CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT
MUNICIPALITY
WITNESSES: «Municipality* L if/nut,,W,
27)1 A4•41 ,
V By
Mayor-Commissioner
Ador, ,f 3 day of / "t , 2018.
ATTEST:
`1Municipal Clerk Municipal Manager
AL
�,1(�day of /v+ , 2018.
(CORPORATE SEAL)
APPROVEbAS T
`�F T A 1.. 9' ,i By
f ••:0 ipal Attorney
SSTA'S1-�'H : o
1963 :CC
0•••
SSP1/4L 1 O\
it? CCJ0� \�\
ii1111
«Municipality»
GasTax5_2018 Agreement 5