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HomeMy WebLinkAboutCity of Tamarac Resolution R-2014-042Temp. Reso. #12473 April 8, 2014 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2014- Ll 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 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 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 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. #12473 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 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 2014 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 C Temp. Reso. #12473 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. fJ PASSED, ADOPTED AND APPROVED this 14 day of , 2014. T PATRICIA TEUF L, CMC CITY CLERK I HEREBY CERTIFY that I have approved th* Resolution as to foryn. // SAMUE. GOREN CITY ATTORNEY TA �4 '" A Y RESSLER OF Mq,94 4IIAYOR �A, . C� ESTABLISHED Q 1963 _ SEAL p 990 C O U lA N�`�`\\\ RECORD OF COMMISSION VOTE: MAYOR DRESSLER OA� DIST 1: COMM. BUSHNELL Q DIST 2: VICE MAYOR GOMEZ "jL. DIST 3: COMM. GLASSER DIST 4: COMM. PLACKO Temp. Reso. #12473 Exhibit A 2014 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 This 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." IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth and pursuant to the authorization of paragraph (1)(b)2 of Section 336.025, Florida Statutes, the COUNTY and MUNICIPALITY agree as follows: 1. Paragraph 2 of the Interlocal Agreement, as previously amended, is hereby amended to read as follows: 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 FYI Percent Share of Proceeds Coconut Creek 1.557870% Cooper City 0.930846% Coral Springs 3.562625% Dania 0.875724% Davie 2.711174% Deerfield Beach 2.196769% Fort Lauderdale 4.926076% Hallandale 1.112028% Hillsboro Beach 0.054601 % Hollywood 4.169198% Lauderdale -by -the -Sea 0.177705% Lauderdale Lakes 0.965200% Lauderhill 1.939321 % Lazy Lake 0.000724% Lighthouse Point 0.301274% Margate 1.600218% Miramar 3.667626% North Lauderdale 1.225603% Oakland Park 1.225284% Parkland 0.740830% Pembroke Park 0.179617% Pembroke Pines 4.506071 % Plantation 2.476463% Pompano Beach 2.988956% Sea Ranch Lakes 0.019494% Southwest Ranches 0.214231 % Sunrise 2.510904% Tamarac 1.770102% Weston 1.902389% West Park 0.413806% Wilton Manors 0.347271 % 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 «Municipality» GaxTax3_2014 Agreement 2 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 current "Florida Estimates of Population." For the purpose of this Agreement, the following population figures are hereby agreed upon: Recipient FYI 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 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 «Municipality» GaxTax3_2014 Agreement 3 Recipient FYI Population 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 Unincor orated Area 14,699 Total County 1,784,715 3. This 2014 Amendment to Interlocal Agreement 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 Interlocal Agreement. 4. In the event this 2014 Amendment to Interlocal Agreement or a portion of this 2014 Amendment to Interlocal Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions 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. 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 2014 Amendment and the Interlocal Agreement, as previously amended, the parties hereby agree that this document shall control. 6. This 2014 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.] «Municipality» GaxTax3_2014 Agreement 4 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 Mice Mayor, authorized to eNrAm6---,%oAerduly ute same by Board action, and f'� MUNICIPALITY, signing by and through its MAa� authorized to execute same. COUNTY ATTEST: Bro d County Administrator, as Ex-Officio Clerk of the Broward County Board of County Commissioners �0%%%9111111111°jP/ "" • CREATED ` • t OCT 1 st < ::a 4 1915 �� •' AJ W 3/20/14 GASTAX3_2014. doc City of Tamarac BROWARD COUNTY, by and through its Board of Cou Commissioners By ayor A day of , 20 l� 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 B �f A I (Date) Deputy County Attorney «Municipality» GaxTax3_2014 Agreement 5 2014 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD FOR DIVISION AND COUNTY ADDITIONAL COUNTY AND CITY OF CITY OF TAMARAC PROVIDING DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE MUNICIPALITY WITNESSES: 7 ATTEST: B Municipal Clerk City of Tamarac By ayor-Commissioner day of /z 2014. Municipal Manager a� day of 2014. «Municipality» GaxTax3_2014 Agreement 6