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
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ESTABLISHED Q
1963 _
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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
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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
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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.]
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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
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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
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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.
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GaxTax3_2014 Agreement 6