HomeMy WebLinkAboutCity of Tamarac Resolution R-2015-037Temp. Reso. #12631
April 9, 2015
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-20153
-
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 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 2015 Amendment to that agreement; and
V
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
A
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. #12631
April 9, 2015
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, 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 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 2015 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).
SECTION 3:
All resol-utions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Temp. Reso. #12631
April 9, 2015
Page 3
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 / 0
ATTEST:
PATRICIA 'TE:UFEL, Qmc
CITY CLERK
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
4..--SAMUEL S. GOREN
CITY ATTORNEY
day of
AO
HARRY DRESSLER
MAYOR
2015.
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: VICE MAYOR BUSHNELL
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
ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE
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").
NOW, THEREFORE, for good and valuable
authorization of paragraph (1) (b) 2 of Section
and Municipalities agree as follows:
consideration, and pursuant to the
336.025, Florida Statutes, the County
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
FY16 Percent
Share of
Proceeds
Coconut Creek
1.584915%
Cooper City
0.945351 %
Coral Springs
3.541713%
Dania
0.869570%
Davie
2.736262%
Deerfield Beach
2.181790%
Fort Lauderdale
4.914815%
Hallandale
1.096539%
Hillsboro Beach
0.053433%
Hollywood
4.134548%
Lauderdale -by -the -Sea
0.173908%
Lauderdale Lakes
0.968472%
Lauderhill
1.964218%
La z Lake
0.000713%
City of Tamarac
GasTax3_2015 Agreement
Lighthouse Point
0.297220%
Margate
1.587723%
Miramar
3.679636%
North Lauderdale
1.227071%
Oakland Park
1.228904%
Parkland
0.752734%
Pembroke Park
0.176888%
Pembroke Pines
4.524051%
Plantation
2.486344%
Pompano Beach
2.998615%
Sea Ranch Lakes
0.019139%
Southwest Ranches
0.210266%
Sunrise
2.522186
%
Tamarac
1.755414%
Weston
1.881533%
West Park
0.41018
9 %
Wilton Manors
0.345840%
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
FY16 Population_
Coconut Creek
551319
Cooper City
321996
Coral Springs_
1231618
Dania
30,351
Davie
951505
City of Tamarac
GaxTax3_2015 Agreement 2
Deerfield Beach
761152
Fort Lauderdale
1711544
Hallandale
381273
Hillsboro Beach
11865
Hollywood
1441310
Laud erdale-b -the-Sea
61070
Lauderdale Lakes
331803
Lauderhill
68,558
Lazy Lake
25
Lighthouse Point
101374
Margate
55,417
Miramar
1281432
North Lauderdale
427829
Oakland Park
421893
Parkland
261273
Pembroke Park
61174
Pembroke Pines
1571905
Plantation
86,782
Pompano Beach
1041662
Sea Ranch Lakes
668
Southwest Ranches
71339
Sunrise
88,033
Tamarac
611270
Weston
65,672
West Park
14,317
Wilton Manors
121071
Total Incorporated
1,789,500
Unincorporated Area
149403
Total Count
1,803,903
3. 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.
4. 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
City of Tamarac
GaxTax3 2015 Agreement
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 2015 Amendment and
the Interlocal Agreement, as previously amended, the parties agree that this 2015
Amendment shall control.
6. This 2015 Amendment to Interlocal Agreement may be executed
counterparts, each of which so executed shall be deemed to be an original,
counterparts together shall constitute one and the same instrument.
[THE REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.]
City of Tamarac
GaxTax3_2015 Agreement
EA
in several
and such
IN WITNESS WHEREOF, the parties have made and executed this 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 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").
Ex-officio Clerk of the Braward County
Board of County Commissioners
AJM/mm
Gas Tax Board Execution Page
05/18/15
#15-025
COUNTY
BROWARD COUNTY, by and through
its Board of County Commissjoners
By
V, 4 Mayor
�CT day of , 20 %
Approved as to form by
Joni Armstrong Coffey
Braward County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
of
Andrew J. MeOis (mate)
Chief Deputy County Attorney
2015 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
WITNESSES:
ATTEST:
99
9�
City of Tamarac Clerk
MUNICIPALITY
City of Tamarac
GaxTax3 2015 Agreement 6
M.
Mayor -Commissioner
-,/ J
day of , 2015.
,C;ity of
LI*f � of
i amarac
anager
APPROVED AS M:
F
By
City of Tamarac Attorney
2015