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HomeMy WebLinkAboutCity of Tamarac Resolution R-2014-043Temp. Reso. #12474 April 8, 2014 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2014- q 3 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 FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 13, 2000, the Broward County Board of County Commissioners enacted Ordinance No. 2000-25 extending the levy of the fifth -cent local option gas tax for thirty years and providing for a method of distribution of the proceed of the 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 pursuant to Section 336.025(1)(b), Florida Statutes, for transportation expenditures set forth in Section Temp. Reso. #12474 April 8, 2014 Page 2 336.025(7)(a), Florida Statutes; and 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 Fifth -Cent Additional Local Option Gas Tax on Motor Fuel For Transit. 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 Fifth Cent Additional Local Option Gas Tax on Motor Fuel for Transit (attached hereto as Exhibit A). Temp. Reso. #12474 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. 1TAMq HAFVRY DRESSLER A 'U�••• •,� MAYOR ESTABLISHED : dc 1963 PATRICIA TEUF L, CM '7- SEAL CITY CLERK '�99�•••....•••..��''Fv�� CORD OF COMMISSION VOTE: I HEREBY CERTIFY that I have approved this Resolution as to fo UEL S. GOREN ITY ATTORNEY 1 MAYOR DRESSLER DIST 1: COMM. BUSHNELL DIST 2: WM GOMEZ DIST 3: COMM. GLASSER DIST 4: COMM. PLACKO Temp. Reso. #12474 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 FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT 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." WHEREAS, Section 336.025(1)(b), Florida Statutes, authorizes the counties to extend the levy of the additional 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 13, 2000, the Board of County Commissioners enacted Ordinance No. 2000-25, effective January 1, 2001, through December 31, 2031, pursuant to Section 336.025(1)(b), Florida Statutes, extending the levy of the fifth -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 said 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, and WHEREAS, paragraph 4 of the Interlocal Agreement 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 and pursuant to Section 336.025(1)(b), Florida Statutes, for transportation expenditures set forth in Section 336.025(7)(a), 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: 2.1 Forty-eight percent (48%) of said proceeds shall be distributed to the COUNTY. The remaining Fifty-two percent (52%) shall be distributed to the eligible municipalities in the following manner: 2.1.1 Twenty-six percent (26%) shall be distributed to the eligible municipalities based on population as follows: Population of Individual CITY Total incorporated area Population X 26.0000% Recipient FY15 Population FY15 Percent Share of Proceeds Coconut Creek 53,783 0.790026% Cooper City 32,136 0.472050% Coral Springs 122,994 1.806675% Dania 30,233 0.444097% Davie 93,599 1.374888% Deerfield Beach 75,840 1.114024% Fort Lauderdale 170,065 2.498107% Hallandale 38,391 0.563930% Hillsboro Beach 1,885 0.027689% Hollywood 143,935 2.114280% Lauderdale -by -the -Sea 6,135 0.090118% Lauderdale Lakes 33,322 0.489471 % Lauderhill 66,952 0.983467% Lazy Lake 25 0.000368% Lighthouse Point 10,401 0.152782% Margate 55,245 0.811501 % Miramar 126,619 1.859923% North Lauderdale 42,312 0.621527% «Municipality» GasTax5_2014 Agreement 2 Recipient FYI Population FY15 Percent Share of Proceeds Oakland Park 42,301 0.621365% Parkland 25,576 0.375689% Pembroke Park 6,201 0.091087% Pembroke Pines 155,565 2.285115% Plantation 85,496 1.255862% Pompano Beach 103,189 1.515757% Sea Ranch Lakes 673 0.009886% Southwest Ranches 7,396 0.108641 % Sunrise 86,685 1.273327% Tamarac 61,110 0.897653% Weston 65,677 0.964738% West Park 14,286 0.209849% Wilton Manors 11,989 1 0.176108% Total Incorporated 1,770,0161 26.000000% Unincorporated Area 14,699 Total County 1,784,715 The population figures set forth above 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 Economic and Business Research, Population Division, of the University of Florida. The population figures to be utilized in the formula described in this section, for the distribution of the Fifth Cent, shall be adjusted annually based on the current Florida Estimates of Population. 2.1.2 Twenty-six percent (26%) shall be distributed by COUNTY to the Municipalities by grant agreement for Community Shuttle Services. 2. 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. 3. 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. «Municipality» GasTax5_2014 Agreement 3 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. 5. 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» GasTax5_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 Vice Mayor, authorized to execute same by Board action, and MUNICIPALITY, signing by and through itsduly authorized to execute same. ATTEST: BroWafd County Administrator, as Ex-Officio Clerk of the Broward County Board of County Commissioners �``,y��N1ot1111a?!f O M M CREATED fi -v im OCT ILt 1915 rFe��a�aesot� AJ W 3/20/14 GASTAX5_2014.doc City of Tamarac COUNTY BROWARD COUNTY, by and through its Board of County Commissioner, By yor day of L 201 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 2CC, 1612,11�e An (Date) Deputy Cou Attorney «Municipality» GasTax5_2014 Agreement 5 2014 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT MUNICIPALITY WITNESSES: ATT ST: Municipal Clerk (CORPOR�4TE SEAL) oro /f?o C0�3 City of Tamarac By \ . Mayor -Commissioner X' day of _O CA-q , 2014. B W/- Municipal Manager J day of , 2014. UN «Municipality» GasTax5_2014 Agreement 6