HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-055TR. #12952
May 16, 2017
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2017- O �
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 OF THE LOCAL OPTION GAS TAX
IMPOSED BY THE BROWARD COUNTY LOCAL OPTION
GAS TAX ORDINANCE; 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 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 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
prepared and published by the Bureau of Economic and Business Research of the
University of Florida; and
TR. #12952
May 16, 2017
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, 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 to Interlocal Agreement between
Broward County and the City of Tamarac providing for the division and distribution of
the proceeds of the Local Option Gas Tax imposed by the Broward County Local Option
Gas Tax 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.
TR. #12952
May 16, 2017
Page 3
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SECTION 2: The City Commission hereby approves the 2017 Amendment to Interlocal
Agreement between Broward County and City of Tamarac providing for division and
distribution of the proceeds of the Local Option Gas Tax imposed by the Broward
County Local Option Gas Tax Ordinance which is attached hereto and incorporated
herein as Exhibit A and hereby authorized the appropriate City Officials to accept and
execute the 2017 Amendment to 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.
C
PASSED, ADOPTED AND APPROVED this � day of
ATTEST-
PATRICIA TEUFEX, CMC
CITY CLERK
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
`4
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/t I�
tlSAMULL S. GOREN
CITY ATTORNEY
TR. #12952
May 16, 2017
Page 4
2017.
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HARRY DRESSLER, MAYOR
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BOLTON
DIST 2: COMM. GOMEZ FE
DIST 3: COMM. FISHMAN
DIST 4: VICE MAYOR PLACKO
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TR #12952
EXHIBIT A
2017 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION
AND DISTRIBUTION OF THE PROCEEDS OF THE LOCAL OPTION GAS TAX
IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE
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)(a), Florida Statutes, authorizes the County to
extend the levy of the six (6) cents local option gas tax upon every gallon of motor fuel
and special 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 14, 1988, the Board of County Commissioners enacted
Ordinance No. 88-27, effective September 1, 1988, through August 31, 2018, pursuant
to Section 336.025(1)(a), Florida Statutes, extending the levy of the six 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 the 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, as set forth in
Section 336.025(3) (a) 1, Florida Statutes; and
WHEREAS, paragraph 4 of the Interlocal Agreement, as amended by the
Addendum to the Interlocal Agreement and the prior amendments, 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, the County and
Municipalities agree as follows:
1. Paragraph 2 of the Interlocal Agreement, as previously amended by the
Addendum thereto and the prior amendments, is amended to read as follows:
2. Sixty-two and Five tenths percent (62.5%) of said Local Option Gas Tax
proceeds shall be distributed to the County, and the remaining Thirty-seven and
Five tenths percent (37.5%) shall be divided among and distributed to the eligible
municipalities within the COUNTY as follows:
Population of Individual Municipality x 37.5% _
Total Incorporated Area Population
Recipient
FY18 Percent
Share of
Proceeds
Coconut Creek
1.164205%
Cooper City
0.686321 %
Coral Springs
2.573659%
Dania
0.633774%
Davie
2.027024%
Deerfield Beach
1.582936%
Fort Lauderdale
3.602662%
Hallandale
0.787218%
Hillsboro Beach
0.039013%
Hollywood
2.979101 %
Lauderdale -by -the -Sea
0.125112%
Lauderdale Lakes
0.709945%
Lauderhill
1.440621 %
Lazy Lake
0.000488%
Lighthouse Point
0.214145%
Margate
1.166447%
Miramar
2.732098%
North Lauderdale
0.898164%
Oakland Park
0.898857%
Parkland
0.603056%
Pembroke Park
0.128781 %
Pembroke Pines
3.297975%
Plantation
1.800404%
Pompano Beach
2.189661 %
Sea Ranch Lakes
0.013799%
Southwest Ranches
0.154341 %
Sunrise
1.849038%
Tamarac
1.290437%
Weston
1.356010%
West Park
0.301019%
Wilton Manors
0.253689%
Total Incorporated
37.500000%
2. Paragraph 3 of the Interlocal Agreement, as previously amended by the
Addendum thereto and the prior amendments, is amended to read as follows:
City of Tamarac
GaxTax6_2017 Agreement 2
3. The population figures set forth herein are based on the most current
edition of "Florida Estimates of Population," published 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 shall be adjusted annually based on the current "Florida
Estimates of Population."
For the purpose of this Agreement, the following population figures are hereby
agreed upon:
Recipient
FY18 Population
Coconut Creek
57,116
Cooper City
33,671
Coral Springs
126,264
Dania
31,093
Davie
99,446
Deerfield Beach
77,659
Fort Lauderdale
176,747
Hallandale
38,621
Hillsboro Beach
1,914
Hollywood
146,155
Laud erdale-b -the-Sea
6,138
Lauderdale Lakes
34,830
Lauderhill
70,677
Lazy Lake
24
Lighthouse Point
10,506
Margate
57,226
Miramar
134,037
North Lauderdale
44,064
Oakland Park
44,098
Parkland
29,586
Pembroke Park
6,318
Pembroke Pines
161,799
Plantation
88,328
Pompano Beach
107,425
Sea Ranch Lakes
677
Southwest Ranches
7,572
Sunrise
90,714
Tamarac
63,309
Weston
66,526
City of Tamarac
GaxTax6_2017 Agreement 3
West Park
14,768
Wilton Manors
12,446
Total Incorporated
1,839,754
Unincorporated Area
14,759
Total Count
1,854,513
3. 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.
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
2017 Amendment shall control.
5. This 2017 Amendment 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.
6. 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.
[THE REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.]
City of Tamarac
GaxTax6_2017 Agreement 4
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
ATTEST
Ex-Officio Clerk of the Broward County
Board of County Commissioners
«Municipality»
Gas-rax5_2017 Agreement 4
BROWARD COUNTY, by and through
its Board of Count mmis n
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
/1 f V/��
drew J. Mey rs
Chief Deput County Attorney
Date: �3 r
2017 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION
AND DISTRIBUTION OF THE PROCEEDS OF THE LOCAL OPTION GAS TAX
IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE
MUNICIPALITY
WITNESSES:
i
ATTEST:
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Municipal C
(CORPORATE SEAL)
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City of Tamarac:
By 4.
ayor-Commissioner
)-� day of , 2017.
Municipal Manager
Z' day of 144-�' , 2017.
APPROVED AS TO FORM:
By
M nicipal Att rn
City of Tamarac
GaxTax6_2017 Agreement