HomeMy WebLinkAboutCity of Tamarac Resolution R-2014-041Temp. Reso. #12472
April 8, 2014
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2014- 4 I
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE THE 2014
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 2014 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
r
Temp. Reso. #12472
April 8, 2014
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, 2014; 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
execute the attached 2014 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).
Temp. Reso. #12472
April 8, 2014
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 14 day of May , 2014.
OF1TAlyq '�iHAR Y DRESSLER
... •'9f, MAYOR
m .•ESTABLISHED i Q =
1963
PATRICIA TEUFE C C O'•. SEAL p
CITY CLERK ,�,9'• •.•�.��
I HEREBY CERTIFY that I have
approved this Resolution as RECORD OF COMMISSION VOTE:
to f
MAYOR DRESSLER
S MUEL S. GOREN DIST 1: COMM. BUSHNELL GOUL
ll)CITY ATTORNEY DIST 2: V/M GOMEZ
DIST 3: COMM. GLASSER
DIST 4: COMM. PLACKO 4—ti�
Temp. Reso. #12472
Exhibit A
2014 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
This is the 2014 Amendment to Interlocal Agreement, made and entered into by
and between: BROWARD COUNTY, a political subdivision of the State of Florida,
hereinafter referred to as "COUNTY,"
AND
City of Tamarac, a municipal corporation, existing under the laws of the State of
Florida, hereinafter referred to as "MUNICIPALITY."
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 thirty (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, pursuant
to Section 336.025(1)(a), Florida Statutes, extending the levy of the six 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 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,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and
payments hereinafter set forth, COUNTY and MUNICIPALITY agree as follows:
1. Paragraph 2 of the Interlocal Agreement, as previously amended by 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:
Population of Individual Municipality x 37.5% _
Total Incorporated Area Population
Recipient
FY15 Percent
Share of Proceeds
Coconut Creek
1.139460%
Cooper City
0.680841 %
Coral Springs
2.605782%
Dania
0.640524%
Davie
1.983012%
Deerfield Beach
1.606765%
Fort Lauderdale
3.603039%
Hallandale
0.813361 %
Hillsboro Beach
0.039936%
Hollywood
3.049443%
Lauderdale -by -the -Sea
0.129978%
Lauderdale Lakes
0.705968%
Lauderhill
1.418462%
Lazy Lake
0.000528%
Lighthouse Point
0.220358%
Margate
1.170434%
Miramar
2.682582%
«Municipality»
GaxTax6_2014 Agreement 2
Recipient
FY15 Percent
Share of Proceeds
North Lauderdale
0.896433%
Oakland Park
0.896200%
Parkland
0.541860%
Pembroke Park
0.131376%
Pembroke Pines
3.295839%
Plantation
1.811340%
Pompano Beach
2.186188%
Sea Ranch Lakes
0.014258%
Southwest Ranches
0.156693%
Sunrise
1.836530%
Tamarac
1.294692%
Weston
1.391449%
West Park
0.302667%
Wilton Manors
0.254002%
Total Incorporated
37.500000%
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
FY15
Population
Coconut Creek
53,783
Cooper City
32,136
Coral Springs
122,994
Dania
30,233
Davie
93,599
Deerfield Beach
75,840
Fort Lauderdale
170,065
Hallandale
38,391
«Municipality»
GaxTax6_2014 Agreement 3
Recipient
FYI
Population
Hillsboro Beach
1,885
Hollywood
143,935
Lauderdale -by -the -Sea
6,135
Lauderdale Lakes
33,322
Lauderhill
66,952
Lazy Lake
25
Lighthouse Point
10,401
Margate
55,245
Miramar
126,619
North Lauderdale
42,312
Oakland Park
42,301
Parkland
25,576
Pembroke Park
6,201
Pembroke Pines
155,565
Plantation
85,496
Pompano Beach
103,189
Sea Ranch Lakes
673
Southwest Ranches
7,396
Sunrise
86,685
Tamarac
61,110
Weston
65,677
West Park
14,286
Wilton Manors
11,989
Total Incorporated
1,770,016
Unincorporated Area
14,699
Total County
1,784,715
3. This 2014 Amendment shall become effective on the date last executed by the
parties hereto provided that those eligible municipalities representing a majority of the
incorporated area population and Broward County have executed this 2014
Amendment.
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 2014 Amendment and
the Interlocal Agreement, as previously amended, the parties hereby agree that this
document shall control.
«Municipality»
GaxTax6_2014 Agreement 4
5. This 2014 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 this 2014 Amendment to Interlocal Agreement or a portion of this
2014 Amendment is found by a court of competent jurisdiction to be invalid, the
remaining portions shall continue to be effective unless COUNTY or MUNICIPALITY
elects to terminate this Agreement. The election to terminate this Agreement based
upon this provision shall be made within seven (7) days after the finding by the court
becomes final.
[THE REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.]
«Municipality»
GaxTax6_2014 Agreement 5
IN WITNESS WHEREOF, the parties have made and executed this 2014
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, and
MUNICIPALITY, signing by and through its 0,Lynmissta,)�ffduly authorized to
execute same.
COUNTY
ATTEST:
j�)fBro County AdmiYjji4trator, as
Ex-Officio Clerk of the Broward County
Board of County Commissioners
J C t" €'r"
AJW
3/20/14
GASTAX6_2014.doc
City of Tamarac
BROWARD COUNTY, by and through
its Board of County Commissioners
By
r
day of , 20 1`{
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
By e 4? �/
Ang a J. al (Date)
Deputy Cou Attorney
«Municipality»
GaxTax6_2014 Agreement 6
2014 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD
COUNTY AND CITY OF TAMARAC PROVIDING FOR DIVISION AND DISTRIBUTION
OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL
OPTION GAS TAX ORDINANCE
MUNICIPALITY
WITNESSES:
ATTEST:
1111111111F�Zmj
i
(CORPORATE SEAL)
e
W ESTABLISHED" 4
1933 -
�0 SEAL p\
City of Tamarac
By
!.& _
Mayor -Commissioner
ji'dayof Cu. , 2014.
99
AO -
Municipal lvlclllclgul
day of 2014.
«Municipality»
GaxTax6_2014 Agreement 7