HomeMy WebLinkAboutCity of Tamarac Resolution R-2016-040Temp. Reso. #12767
April 16, 2016
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2016- l O
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE THE 2016
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; 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 2016 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
Temp. Reso. #12767
April 16, 2016
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, 2016; 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 appropriate City Officials are hereby authorized to accept and
execute the attached 2016 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 (attached hereto as Exhibit A).
Temp. Reso. #12767
April 16, 2016
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 // day of , 2016.
HARRY DRESSLER
MAYOR
ATTEST:
P RICIA TEU ET, CIVIC
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BUSHNELL
DIST 2: COMM. GOMEZ
DIST 3: VICE MAYOR GLASSER
DIST 4: COMM. PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
SA UEL GOREN
CITY ATTORNEY
CITY OF TAMARAC
INTEROFFICE MEMORANDUM
FINANCIAL SERVICES DEPARTMENT
ADMINISTRATION DIVISION
TO: Michael C. Cernech, City Manager DATE: April 16, 2016
RE: Amendment to Fifth Cent
FROM: Mark C. Mason,
Director of Financial Services Additional Local Option Gas Tax
Agreement - Temp Reso #12767
Recommendation:
The Director of Financial Services requests that the City Manager place the above -mentioned
item on the consent agenda for the May 11, 2016 Commission meeting.
Issue:
This is for the approval and execution of the amendment to the Interlocal Agreement with
Broward County 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.
Background:
Every year the Broward County Attorney's Office prepares the necessary amendment to the
interlocal agreement, which provides the distribution formula for the above referenced tax
proceeds. This amendment complies with the statutory requirement for the establishment of
the distribution formula based on the latest population statistics prepared by the Bureau of
Economic and Business Research of the University of Florida.
The 2016 amendment to the interlocal agreement, attached as Exhibit A, provides for the
division and distribution of the proceeds of the original six -cent local option gas tax; it requires
an annual adjustment of the population of the individual municipalities and unincorporated
Broward County. The rates for this tax over the past three years are as follows:
Additional Local Option Gas Tax
Percent for Tamarac
2016 Amendment 0.892993%
2015 Amendment 0.890204%
2014 Amendment 0.897653%
The attached letter from the Broward County Office of Budget Services, attached as Exhibit 1,
provides additional background and description information.
Broward County has requested that the City Commission approve and execute this amendment
and return it to Broward County by May 31, 2016, so that the final amendments can be
transmitted to the Florida Department of Revenue for distribution of the proceeds.
Michael C. Cernech
April 16, 2016
Page Two
Temporary Resolutions #12769 and #12768 are related items amending agreements for the
interlocal agreement on motor fuel for transportation and the distribution of the local option gas
tax on motor fuel.
Fiscal Impact:
The revenue from the local option gas tax has been anticipated and budgeted; no budget action
is required. The impact of the adjusted distribution on the budget is as follows:
FY16 Budget
2016
Amendment
2015
Amendment
Net Change Fiscal Impact
5th Cent
0.892993%€
0.890204% �
0 002789%
Additional Tax
1.760913%
1.755414%�
0.005499%`
__.
6 Cent Tax
1.287971%
1.283948%<
0.004023%'
979.120.00
3.941877% i
3.929566%€
0.012311%, $ 120.54
As a result of the changes in the distributions we anticipate an increase in revenues of $120.54
overall.
The actual gas tax revenues received in FY2015 were just over $1,022,147. During the first six
months of FY2016, actual revenues were $508,972 representing 52% of budget. Gas usage
has increased thus providing an increase in gas tax revenues. Since revenues are based upon
gallons sold and not the price of a gallon, it is estimated that the revenue estimate for FY2016
will be met, if not exceeded. With estimated population increases in future years likely as a
result of new construction it is anticipated that future adjustments will be minimal.
Attachments
EXHIBIT
9 jilt
9y�
Office of Management and Budget
115 S. Andrem Avehue, Room 404 • Fort Lauderdale, Florida'33301 . 54-357-6345 - FAX 954>357-6364
A 1 •
Dear Municipality;
Attached are amendments to three interlocal agreements requiring approval by your municipal governing board no later than June 1,
2016, The attached amendments are required in order to adjust each City's percentage share based on updated population figures.
Summary of Amendments
The three interioeal agreements and amendments are described below,
• The "original" local option gas tax agreement last levied in 1988 provides for Cities to receive 37.5% of the proceeds of six cents of
gas tax. This amendment adjusts each City's percentage share of the 37.5% based on updated population figures.
■ The "additional" local option gas tax agreement levied in 1994 ,provides for Cities to receive 51.27% of three cents of gas tax. The
Cities" share of this gas tax has increased over the years due to annexations, however, there were no annexations of populated
areas effective September 2015 so the Cities` share of the three cents of gas tax will remain the same as last year. As a result,
this amendment adjusts each City's percentage share of the 51.27% based on updated population figures.
The "transit gas tax" agreement levied in 2001 provides for Cities to receive 26% of the proceeds of one cent of gas tax. This
amendment includes adjustments to each City's percentage share based on updated population figures,
Revisions to Population Figures
The three intedocat agreements provide forthe, distribution of gas taxes among the Cites based on population figures published
annually by the University of Florida Bureau of Economics and Business Research. The interlocal agreement&alsoprovidejor the
populationA' A 0`revisedannually usingthe mostpublished figures.
Attached are copies of the
ThomasDirector
Broward County Publid Works Department
•ill + (Blount Rl.f
PompariaBealch,069
• • i#'0
! i +
pone set of each executed 2016 amendment for your city
60
Temp. Reso. #12767
April 16, 2016
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2016-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE THE 2016
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; 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 2016 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
Temp. Reso. #12767
April 16, 2016
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, 2016; 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 appropriate City Officials are hereby authorized to accept and
execute the attached 2016 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 (attached hereto as Exhibit A).
4
Temp. Reso. #12767
April 16, 2016
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 day of , 2016.
ATTEST:
PATRICIA TEUFEL, CMC
CITY CLERK
I HEREBY CERTIFY that I have
approved this Resolution as
to form.
SAMUEL S. GOREN
CITY ATTORNEY
HARRY DRESSLER
MAYOR
EXHIBIT A
2016 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 2016 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
FYI Population
FY17 Percent
Share of Proceeds
Coconut Creek
56,593
0.811659%
Cooper City
33,176
0.475812%
Coral Springs
124,282
1.782458%
Dania
30,644
0.439498%
Davie
96,908
1.389859%
Deerfield Beach
76,662
1.099490%
Fort Lauderdale
175,123
2.511621 %
Hallandale
38,424
0.551079%
Hillsboro Beach
1,867
0.026777%
Hollywood
144,926
2.078535%
Lauderdale -by -the -Sea
6,056
0.086855%
Lauderdale Lakes
34,201
0.490512%
Lauderhill
69,651
0.998938%
Lazy Lake
24
0.000345%
Lighthouse Point
10,358
0.148555%
Margate
55,851
0.801017%
Miramar
132,096
1.894526%
North Lauderdale
43,232
0.620035%
Oakland Park
43,390
0.622301 %
Parkland
28,128
0.403413%
Pembroke Park
6,236
0.089437%
Pembroke Pines
159,922
2.293608%
Plantation
87,496
1.254871 %
Pompano Beach
106,260
1.523985%
Sea Ranch Lakes
670
0.009609%
Southwest Ranches
7,389
0.105973%
Sunrise
88,630
1.271135%
Tamarac
62,264
0.892993%
Weston
65,734
0.942760%
West Park
14,499
0.207945%
Wilton Manors
12,1601
0.174399%
Total Incorporated
1,812,852
26.000000%
Unincorporated Area
14,515
Total County
1,827,367
Tamarac
GasTax5_2016 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 The other Twenty-six percent (26%) shall be distributed by the
County to the Municipalities by grant agreement for Community Shuttle
Services.
2. This 2016 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.
3. In the event any provision within this 2016 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 2016 Amendment and
the Interlocal Agreement, as previously amended, the parties hereby agree that this
document shall control.
5. This 2016 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.]
Tamarac
GasTax5_2016 Agreement 3
IN WITNESS WHEREOF, the parties have made and executed this 2016
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
March 8th, 2016, and each MUNICIPALITY, signing by and through its
, duly authorized to execute same.
ATTEST:
Browk6 County Administrator, as
Ex-Officio Clerk of the Broward County
Board of County Commissioners
lilt,"
o M•M ASS
CREATED . fi
_p = OCT 1st
1915
AJ M
2/11/2016
GASTAXS_ 2016.doc
COUNTY
BROWARD COUNTY, by and through
its Board of Gown v Commissiwfiers
8th d* of March 2016
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
a4By
Andrew J. M ers
Chief Deputy County Attorney
Date: -?`)i /It
N
GasTax5_2016 Agreement
4
2016 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:
ivitir
ATT77
T:
���IIIII/
unicipal Clerk
' ESTAS�-ISRED': �
(CORPORAT-C$EAL)1963 '
SEAL
Tamarac
GasTax5_2016 Agreement
Tamarac:
By.
Mayor -Commissioner
day of � , 2016.
A465u Manager
day of 12016
APPROV D AS TO FORM:
Muni ipal Attorney