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Home My WebLink AboutCity of Tamarac Resolution R-2016-041Temp. Reso. #12768 April 16, 2016 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2016-- L11 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 ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE; 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 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 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 Temp. Reso. #12768 April 16, 2016 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, 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 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 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 Additional Local Option Gas Tax on Motor Fuel Ordinance (attached hereto as Exhibit A). 1 Temp. Reso. #12768 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 J( day of 2016. /FYARWY DRESSLER MAYOR ATTEST: PATRICIA TEUFE , WC CITY CLERK RECORD OF COMMISSION VOTE: MAYOR DRESSLER p 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 SAM ` EL S. GORE CITY ATTORNEY CITY OF TAMARAC INTEROFFICE MEMORANDUM FINANCIAL SERVICES DEPARTMENT ADMINISTRATION DIVISION TO: Michael C. Cernech, City Manager DATE: April 16, 2016 FROM: Mark C. Mason, RE: Amendment to Additional Local Director of Financial Services Option Gas Tax Agreement — Temp Reso #12768 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 Exhibit1, 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 #12767 are related items amending agreements for the distribution of the local option gas tax on motor fuel and the fifth -cent additional tax on motor fuel for transportation. 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: B 2016_ 2015 -- € FY16 Budget Amendment Amendment Net Change 1 Fiscal Impact 5th Cent 0.892993%' 0.890204%3 0.002789W Additional Tax _.._ — 1.760913% ._.. _..... 1.755414% �_ 0.005499% 6 Cent Tax 1.287971 %' 1.283948% 0.004023% 979,120.001, 3.941877% ` 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 / ThomasDirector Broward County Nblic Works Department •## NA 30thAve.(Blount °Y•.i Pompan6 Beach, FL 33069 ° •#'i Sind ly, �ak� Kayla 0 A, ctor Office of Management and Budget KO* as Attachments v m Broward County Board of County Commissioners Mark D. Bogen Beam Furr * Dole V.C. Hotness Martin David Ktar - Chip LaMaroa . Stacy Ritter - Tim Ryan • Barbara Sherief • Lois Wexler www,broward org. Temp. Reso. #12768 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 ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE; 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 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 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 Temp. Reso. #12768 April 16, 2016 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, 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 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 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 Additional Local Option Gas Tax on Motor Fuel Ordinance (attached hereto as Exhibit A). Temp. Reso. #12768 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 12016. HARRY DRESSLER MAYOR ATTEST: PATRICIA TEUFEL, CMC CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. SAMUEL S. GOREN CITY ATTORNEY EXHIBIT A 2016 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 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"). NOW, THEREFORE, for good and valuable consideration, and pursuant to the authorization of paragraph (1) (b) 2 of Section 336.025, 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 FY17 Percent Share of Proceeds Coconut Creek 1.600530% Cooper City 0.938264% Coral Springs 3.514869% Dania 0.866655% Davie 2.740694% Deerfield Beach 2.168109% Fort Lauderdale 4.952724% Hallandale 1.086685% Hillsboro Beach 0.052801 % Hollywood 4.098711 % Lauderdale -by -the -Sea 0.171272% Lauderdale Lakes 0.967252% Lauderhill 1.969828% Lazy Lake 0.000679% Point 0.292939% -Lighthouse Margate 1.579545% Miramar 3.735860% North Lauderdale 1.222662% Oakland Park 1.227130% Parkland 0.795499% Pembroke Park 0.176363% Pembroke Pines 4.522819% Plantation 2.474510% Pompano Beach 3.005182% Sea Ranch Lakes 0.018949% Southwest Ranches 0.208971 % Sunrise 2.506581 % Tamarac 1.760913% Weston 1.859050% West Park 0.410052% Wilton Manors 0.343902% Total Incorporated 51.270000% 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 FY17 Population Coconut Creek 56,593 Cooper City 33,176 Coral Springs 124,282 Dania 30,644 Davie 96,908 Tamarac GaxTax3_2016 Agreement 2 Deerfield Beach 76,662 Fort Lauderdale 175,123 Hallandale 38,424 Hillsboro Beach 1,867 Hollywood 144,926 Lauderdale -by -the -Sea 6,056 Lauderdale Lakes 34,201 Lauderhill 69,651 Lazy Lake 24 Lighthouse Point 10,358 Margate 55,851 Miramar 132,096 North Lauderdale 43,232 Oakland Park 43,390 Parkland 28,128 Pembroke Park 6,236 Pembroke Pines 159,922 Plantation 87,496 Pompano Beach 106,260 Sea Ranch Lakes 670 Southwest Ranches 7,389 Sunrise 88,630 Tamarac 62,264 Weston 65,734 West Park 14,499 Wilton Manors 12,160 Total Incorporated 1,812,852 Unincorporated Area 14,515 Total County 1,827,367 3. 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. 4. 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 Tamarac GaxTax3_2016 Agreement 3 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 2016 Amendment and the Interlocal Agreement, as previously amended, the parties agree that this 2016 Amendment shall control. 6. 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 GaxTax3_2016 Agreement 4 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: /�9& Bro and ounty dministrator, as Ex-Officio Clerk of the Broward County Board of County Commissioners �00 M I S S/O Q.A. ytn � CSC lst o � N o : 1g 115 r � AJM 2/11 /2016 GASTAX3_2016.doc �"ArnAk'yG GaxTax3_2016 Agreement COUNTY 4� BROWARD COWTY by and through its Board o ounty Commissioners 8th Ody of Wrc 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 Telecopie • (954) 357-7641 6VI-- By — Andrew J. Me ers Chief Deputy County Attorney f Date: •�/) A Z 2016 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 WITNESSES: "A, Adbin ATTEST: By Municipal bery O� TAKq/� (CORPORATE kE�IS�iED 1963 ° SEAS- `k R' ...... . kv. f lcoutl\\e`� Tamarac GaxTax3_2016 Agreement n Tamarac: By ayor-Commissioner day of , 2016. Municipal Manager day of Q, 2016 APPROVED AS TO FORM: \A By.�,, unicipal Attorney