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Home My WebLink AboutCity of Tamarac Resolution R-2015-0381 Temp. Reso. #12630 April 9, 2015 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2015- J J 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 OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX 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 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 Temp. Reso. #12630 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 to Interlocal Agreement between Broward County and the City of Tamarac 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. 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 Temp. Reso. #12630 April 9, 2015 Page 3 execute the attached 2015 Amendment to Interlocal Agreement between Broward County and City of Tamarac providing for division and distribution of the proceeds of the Local Option Gas Tax imposed by the Broward County Local Option Gas Tax Ordinance (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 1'3day of ATTEST: PATRICIA TEUFEL, CMC CITY CLERK I HEREBY'' CERTIFY THAT I HAVE APPROVED THIS RESOLUTION Ac .O FORM "' <7 SANiUEL S. GOREN CITY ATTORNEY Temp. Reso. #12630 April 9, 2015 Page 4 ItI , 2015. HARRY DRESSLER MAYOR 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 OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE This 2015 Amendment to Interlocal Agreement is entered into b and between Y Broward county, a political subdivision of the State of Florida "County") count " (the Y) 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)(a), Florida Statutes, authorizes the County to extend the levy of the six (6) cents local option gas tax upon every gallon of motor fuel and special fuel sold in Broward County for a period not to exceed thin 30) years on a majority vote of the governing body of the County; and WHEREAS, on June 14, 1988, the Board of County commissioners enacted Ordinance No. 88-27, effective September 1, 1988, through August 31 2018 g g ,ursuant p to Section 336.025(1)(a), Florida Statutes, extendingthe levy of the six cent local option Y P gas tax for thirty years and providing for a method of distribution of the proceeds of the tax; and WHEREAS, pursuant to the 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, as set forth in Section 336.025(3) (a) 1, Florida Statutes; and WHEREAS, paragraph 4 of the Interlocal Agreement, as amended by the Addendum to the Interlocal Agreement and the prior amendments, 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, the Count and Y Municipalities agree as follows; 1. Paragraph 2 of the Interlocal Agreement, as previously Y amended b the Addendum thereto and the prior amendments, is amended to read as follows: 2. Sixty-two and Five tenths percent (62.5%) of said Local Option Gas Tax proceeds shall be distributed to the county, and the remaining Thirty-seven and Five tenths percent (37.5%) shall be divided among and distributed to the eligible municipalities within the COUNTY as follows: City of Tamarac GasTax6_2015 Agreement Population of Individual Municipality x 37.5% _ Total Incorporated Area Population Error! Not a valid link. 2. Paragraph 3 of the Interlocal Agreement, as previously amended by the Addendum thereto and the prior amendments, is amended to read as follows: 3. The population figures set forth herein are based on the most current edition of "Florida Estimates of Population," published 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 shall be adjusted annually based on the current "Florida Estimates of Population." For the purpose of this Agreement, the following population figures are hereby agreed upon: Recipient FY16 Po ulation Coconut Creek 557319 Cooper City 321996 Coral Springs 123,618 Dania 301351 Davie 951505 Deerfield Beach 76,152 Fort Lauderdale 1711544 Hallandale 381273 Hillsboro Beach 11865 Hollywood 144,310 Lauderdale -by -the -Sea 61070 Lauderdale Lakes 331803 Lauderhill 68,558 Laz Lake 25 Lighthouse Point 101374 Margate 551417 Miramar 128,432 North Lauderdale 421829 Oakland Park 421893 Parkland 261273 Pembroke Park 61174 Pembroke Pines 1571905 Plantation 86,782 City of Tamarac GaxTax6 2015 Agreement 2 Pompano Beach 1041662 Sea Ranch Lakes 668 Southwest Ranches 77339 Sunrise 881033 Tamarac 611270 Weston 651672 West Park 141317 Wilton Manors 121071 Total Incorporated 117891500 Unincorporated Area 141403 Total County 11803,903 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. 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 2015 Amendment shall control. 5. This 2015 Amendment 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. 6. 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. [THE REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.] City of Tamarac GaxTax6_20 15 Agreement 3 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"). ATTEST: Brbward CountrAdministratoi; � Ex-officio Clerk of the Broward County Board of County Commissioners '�► C� o M Ails *► �,► - wo ;` CREATEDfop "o O: w OCT 1 st Ole X= 9. 1915 s� r oout411 •'' AJ M/m m Gas Tax Board Execution Page 05/18/15 #15-025 COUNTY BROWARD COUNTY, by and through its Board of county Commissjoners V , ,Qj / Mayor day of � � � , 20__LS 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 Andrew J. kley irs (Date) Chief Deputy county Attorney 2015 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE MUNICIPALITY WITNESSES: P 1''� ATTEST: By .• of Tamarac Clerk (CO E 4 • R F�� I a r • n..�r mrwsY R • � r..-n City of Tamarac GaxTax6_2015 Agreement 5 City of Tamarac z Mayor -Commissioner day of City of Tamarac Manager L.I( day of APPROVED In FORM: City of Tamarac Attorney 2015. 2015