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Home My WebLink AboutCity of Tamarac Resolution R-2018-055TR #13098 May 8, 2018 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2018- S-6 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 ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE; 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 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 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 the result of legislation enacted by the 1993 Florida legislature which increased the County's authority to levy Local Option Gas Taxes from the original six cents to a maximum of eleven cents; and TR #13098 May 8, 2018 Page 2 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 Additional Local Option Gas Tax on Motor Fuel Ordinance. 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 City of Tamarac providing for division and distribution of the proceeds from the Broward County Additional Local Option Gas Tax on Motor Fuel Ordinance 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 Interlocal Agreement TR #13098 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 3 day of ! l , 2018. HARRY DRESSLER, MAYOR ATTEST.- PATRICIA TEUFEL, CMC ,CITY CLERK RECORD OF COMMISSION VOTE: MAYOR DRESSLER v�- DIST 1: COMM. BOLTON .✓ DIST 2: WM GOMEZ DIST 3: COMM. FISHMAN DIST 4: COMM. PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM q�Z4MEgLzS(:�. GOREN (� CITY ATTORNEY EXHIBIT 1 2018 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE 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. The Board of County Commissioners enacted Section 31'/2-38, Broward County Code of Ordinances, effective January 1, 1994, through December 31, 2024, pursuant to Section 336.025(1)(b), Florida Statutes, imposing the levy of the three -cent ($.03) local option fuel 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 3 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 Section 336.025(1)(b)2, Florida Statutes, the County and Municipalities agree as follows: 1. Paragraph 2 of the Interlocal Agreement, as previously amended, is hereby amended to read: 2. Forty-eight and Seventy-three One -hundredths percent (48.73%) of the total proceeds from the Broward County Additional Local Option Gas Tax on Motor Fuel Ordinance shall be distributed to the County and the remaining Fifty- one and Twenty-seven One -hundredths percent (51.27%) of the total proceeds shall be divided among and distributed to the eligible municipalities within the County as follows: Population of Individual Municipality x 51.27% _ Total Incorporated Area Population Recipient FY19 Percent Share of Proceeds Coconut Creek 1.582947% Cooper City 0.931042% Coral Springs 3.513152% Dania 0.868021 % Davie 2.776990% Deerfield Beach 2.152389% Fort Lauderdale 4.938536% Hallandale 1.068610% Hillsboro Beach 0.052705% Hollywood 4.060089% Lauderdale -by -the -Sea 0.170306% Lauderdale Lakes 0.967888% Lauderhill 1.963081 % Lazy Lake 0.000719% Lighthouse Point 0.290306% Margate 1.598557% Miramar 3.757648% North Lauderdale 1.224767% Oakland Park 1.224795% Parkland 0.868104% Pembroke Park 0.175629% Pembroke Pines 4.498361 % Plantation 2.444101 % Pompano Beach 3.018369% Sea Ranch Lakes 0.019085% Southwest Ranches 0.209993% Sunrise 2.533625% Tamarac 1.762630% Weston 1.837068% West Park 0.411271 % Wilton Manors 0.349216% Total Incorporated 51.270000% «Municipality» GaxTax3_2018 Agreement 2. Paragraph 3 of the Interlocal Agreement, as previously amended, is hereby amended to read: 3. The population figures set out herein 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 Economics and Business Research, Population Division, University of Florida. The population figures to be utilized in the formula described in Paragraph 2 of this Interlocal Agreement, for the division and distribution of the proceeds from the Broward County Additional Local Option Gas Tax on Motor Fuel Ordinance, shall be adjusted annually based on the then - current "Florida Estimates of Population." For the purpose of this Agreement, the following population figures are hereby agreed upon by the parties hereto: Recipient FY19 Population Coconut Creek 57,395 Cooper City 33,758 Coral Springs 127,381 Dania 31,473 Davie 100,689 Deerfield Beach 78,042 Fort Lauderdale 179,063 Hallandale 38,746 Hillsboro Beach 1,911 Hollywood 147,212 Lauderdale -by -the -Sea 6,175 Lauderdale Lakes 35,094 Lauderhill 71,178 Lazy Lake 26 Lighthouse Point 10,526 Margate 57,961 Miramar 136,246 North Lauderdale 44,408 Oakland Park 44,409 Parkland 31,476 Pembroke Park 6,368 Pembroke Pines 163,103 Plantation 88,619 Pompano Beach 109,441 «Municipality» GaxTax3_2018 Agreement 3 Sea Ranch Lakes 692 Southwest Ranches 7,614 Sunrise 91,865 Tamarac 63,910 Weston 66,609 West Park 14,912 Wilton Manors 12,662 Total Incorporated 1,858,964 Unincorporated Area 15,006 Total County 1,873,970 3. 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. 4. 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. 5. 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 agree that this 2018 Amendment shall control. 6. 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» GaxTax3_2018 Agreement 4 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 1 th, 2 8, and each MUNICIPALITY, signing by and through its , duly authorized to execute same. COUNTY ATTES 74-di / BROWARD COUNTY, by and through its Board of County Commissioners g---- Broward County Administrator, as y .A----- Ex-Officio Clerk of the Broward County Mayor Board of County Commissioners 001‘+ '$j/////��i 16- day of(JU�2018 ``` GoM ..! s®o Z /gyp Q: .• Approved as to form by: m . CR 15t pa CO® Andrew J. Meyers C Broward County Attorney :0 ..72, 1915 0: :J .% �4'.! Governmental Center, Suite 423 '. q0 COON•.•' ." 115 South Andrews Avenue Fort Lauderdale, Florida 33301 ,'��,,////rt��ill mo�°�`a��,s Telephone: (954) 357-7600 Telecopier: (954) 357-7641 By QUdA1Q4 Claudia Capdes ner AssistantOd County Attorney Date: I 0 IP-06 By ng J a e Deput unty Attorney Date: ZP f o 1 «Municipality» GaxTax3_2018 Agreement 5 2018 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE MUNICIPALITY i WITNESSES: «Municipality e 17 f rPi Ya-e_ >> j24-1;eu 271 , )1/ By /41L, iayor- mmissioner Itt/ikttnItri s �lvr PI day of A , 2018. ATTEST: \:_ 1 Municipal Clerk Municipal Manager 7► 1 day of , 2018 (CORPORATE SEAL) APPROV)f44 D AS TO FORM: By 4245 'Municipal Attorrf' y o"ilH I I///// f \-0 . to 'S ;Ilij iIII'' «Municipality» GaxTax3_2018 Agreement 6