HomeMy WebLinkAboutCity of Tamarac Resolution R-2015-035Temp. Reso. #12632
April 9, 2015
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2015- 3
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE THE 2015
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
SEVERABI LITY; 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 2015 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
Temp. Reso. #12632
April 9, 2015
Page 2
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, 2015; 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:
Temp. Reso. #12632
SECTION 1:
April 9, 2015
Page 3
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 2015 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).
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:
adoption.
This resolution shall become effective immediately upon its passage and
PASSED, ADOPTED AND APPROVED this day of
ATTEST:
PATROCIA TEUFEL,
CITY CL,ERK
CMC
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
�SAMUEL S. GOREN
CITY ATTORNEY
Temp. Reso. #12632
April 9, 2015
Page 4
Ill. , 2015.
HARRY DRESSLER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: VICE MAYOR BUSHNELL t
DIST 2: COMM. GOMEZ
DIST 3: COMM. GLASSER
DIST 4: COMM. PLACKO
EXHIBIT A
2015 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 2015 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 COUNT`'; 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:
City of Tamarac
GasTax5_2015 Agreement
Population of Individual Municipality
Total incorporated area Population X
26.0000%
Recipient
FY16 Population
FY16 Percent
Share of Proceeds
Coconut Creek
551319
0.803741 %
-Cooper City
321996
0.479405%
Coral Springs
1231618
1.796070%
Dania
301351
0.440976%
Davie
957505
1.387611 %
Deerfield Beach
761152
1.106427%
Fort Lauderdale
171,544
2.492397%
Hallandale
38,273
0.556076%
Hillsboro Beach
11865
0.027097%
Hollywood
144,310
2.096709%
Lauderdale -by -the -Sea
61070
0.088192%
Lauderdale Lakes
331803
0.491130%
Lauderhill
681558
0.996093%
Lazy Lake
25
0.000362%
Lighthouse Point
101374
0.150726%
Margate
55,417
0.805165%
Miramar
128,432
1.866014%
North Lauderdale
421829
0.622271 %
Oakland Park
42,893
0.623201 %
Parkland
261273
0.381726%
Pembroke Park
61174
0.089703%
Pembroke Pines
157,905
2.294233%
Plantation
86,782
1.260873%
Pompano Beach
104,662
1.520655%
Sea Ranch Lakes
668
0.009706%
Southwest Ranches
71339
0.106630%
Sunrise
88,033
1.279049%
Tamarac
611270
0.890204%
Weston
65,672
0.954161 %
West Park
141317
0.208015%
Wilton Manors
121071
0.175382%
Total Incorporated-
1,78%500
26.000000%
Unincorporated Area
14,403
Total Count
1,803,903
City of Tamarac
GasTax5_2015 Agreement 2
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 2015 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 2015 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 2015 Amendment and
the Interlocal Agreement, as previously amended, the parties hereby agree that this
document shall control.
5. This 2015 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_2015 Agreement 3
IN WITNESS WHEREOF, the parties have made and executed this Amendment
to the Interlocal Agreement on the respective dates under each signature: BROARD
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 7, 2015,
and the municipalities executing a signature page, each of which is a municipal
corporation existing under the laws of the State of Florida (the "Municipalities").
ATTEST:
Brbward Count}7Administrato?,�
Ex-officio Clerk of the Broward County
Board of County Commissioners
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CREATED
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Gas Tax Board Execution Page
05/18/15
#15-025
COUNTY
BROWARD COUNTY, by and through
its Board of County Commissyaners
as
Mayor
day of � � � , 20 %�S
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
r
Andrew J. kleyiirs (Date)
Chief Deputy County Attorney
2015 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:
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City of Tamarac Manager
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City of Tamarac Attorney
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