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HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-053TR. #12950 May 16, 2017 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2017- S3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA APPROVING THE 2017 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 2017 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 2017 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 TR. #12950 May 16, 2017 Page 2 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 June 1, 2017; 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: E C] F TR. #12950 May 16, 2017 Page 3 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 2017 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 2017 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. SECTION 5: This resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this `7 ATTEST: a&_i ) � rj� PATRICIA TEUF­EpJMC CITY CLERK I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM SA EL S. GO CITY ATTORNEY TR. #12950 May 16, 2017 Page 4 day of � , 2 r 'HARRY DRESSLER MAYOR RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: COMM. BOLTON DIST 2: COMM. GOMEZ DIST 3: COMM. FISHMAN DIST 4: VICE MAYOR PLACKOfi fl 1 TR #12950 EXHIBIT A 2017 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 2017 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"). WHEREAS, 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 WHEREAS, 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 WHEREAS, 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 WHEREAS, 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 (1) (b) of Section 336.025, 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 FY18 Population FY18 Percent Share of Proceeds Coconut Creek 57,116 0.807182% Cooper City 33,671 0.475849% Coral Springs 126,264 1.784404% Dania 31,093 0.439416% Davie 99,446 1.405403% Deerfield Beach 77,659 1.097502% Fort Lauderdale 176,747 2.497846% Hallandale 38,621 0.545804% Hillsboro Beach 1,914 0.027049% Hollywood 146,155 2.065510% Lauderdale -by -the -Sea 6,138 0.086744% Lauderdale Lakes 34,830 0.492229% Lauderhill 70,677 0.998830% Lazy Lake 24 0.000341 % Lighthouse Point 10,506 0.148474% Margate 57,226 0.808736% Miramar 134,037 1.894254% North Lauderdale 44,064 0.622727% Oakland Park 44,098 0.623207% Parkland 29,586 0.418119% Pembroke Park 6,318 0.089288% Pembroke Pines 161,799 2.286596% Plantation 88,328 1.248280% Pompano Beach 107,425 1.518165% Sea Ranch Lakes 677 0.009568% Southwest Ranches 7,572 0.107010% Sunrise 90,714 1.282000% Tamarac 63,309 0.894703% Weston 66,526 0.940167% West Park 14,768 0.208706% Wilton Manors 12,446 0.175891 % Total Incorporated 1,839,754 26.000000% Unincorporated Area 14,759 Total County 1,854,513 City of Tamarac GasTax5_2017 Agreement 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 2017 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 2017 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 2017 Amendment and the Interlocal Agreement, as previously amended, the parties hereby agree that this document shall control. 5. This 2017 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.] City of Tamarac GasTax5_2017 Agreement 3 IN WITNESS WHEREOF, the parties have made and executed this 2017 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 4th, 2017, and each MUNICIPALITY, signing by and through its , duly authorized to execute same. COUNTY A ATTES E YS Br ward County Administrate Ex-Officio Clerk of the Broward County Board of County Commissioners 0 M CREATED -Z = rn = OCT Ist 1915 COZ ell X Wunicipality)) GasTaxS-2017 Agreement 4 BROWARD COUNTY, by and through its Board of Count rnmis 'on BY yor 4th day of April, 2017 Approved as to form by: Joni Armstrong Coffey Broward County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 By�rIe w J. Mey rs Chief De,u7bunty Attorney i // Date: �3/)7/0 2017 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: City of Tamar c: By Mayor -Commissioner & - #z&Z4 �, � ATT T: v ItALAI unicipal Clerk (CORPORATE SEAL) City of Tamarac GasTax5_2017 Agreement 5 i� Municipal Manager 5 day of Mezell, 2017. APP OVED AS TO FORM: By A. 1 Municipal t ney