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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