HomeMy WebLinkAboutCity of Tamarac Resolution R-2013-040C
Temp. Reso. #12335
April 18, 2013
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2013- d
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE THE 2013
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 2013 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. #12335
April 18, 2013
Page 2
WHEREAS, the Amendment to Interlocal Agreement is pursuant to Section
336.025(1)(b), Florida Statutes, for transportation expenditures set forth in Section
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, 2013; 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
Temp. Reso. #12335
April 18, 2013
Page 3
made a part hereof.
SECTION 2: The appropriate City Officials are hereby authorized to accept and
execute the attached 2013 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).
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.
r
Temp. Reso. #12335
April 18, 2013
Page 4
PASSED, ADOPTED AND APPROVED this PA day of 2013.
BETH TALABISCC(
MAYOR
ATTEST:
PATRICIA TEUFEL, MC
INTERIM CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR TALABISCO
DIST 1: COMM. BUSH
DIST 2: COMM. ATKINS-GRAD)-��
DIST 3: COMM. GLASSER
DIST 4: VIM. DRESSLER
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
SA EL S. GOR5W'
CITY ATTORNEY
E
Temp. Reso. #12335
Exhibit A
2013 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 2013 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
FY14
Population
FY14 Percent
Share of Proceeds
Coconut Creek
53,313
0.790051 %
Cooper City
30,450
0.451242%
Coral Springs
122,681
1.818023%
Dania
29,873
0.442691 %
Davie
92,848
1.375924%
Deerfield Beach
75,506
1.118931 %
Fort Lauderdale
168,615
2.498723%
Hallandale
37,732
0.559154%
Hillsboro Beach
1,890
0.028008%
Hollywood
142,374
2.109855%
Lauderdale -by -the -Sea
6,105
0.090471 %
Lauderdale Lakes
33,168
0.491520%
Lauderhill
67,037
0.993428%
Lazy Lake
25
0.000372%
Lighthouse Point
10,419
0.154400%
Margate
55,116
0.816770%
Miramar
123,478
1.829833%
North Lauderdale
42,269
0.626389%
«Municipality»
GasTax5_2013 Agreement 2
Recipient
FY14
Population
FY14 Percent
Share of Proceeds
Oakland Park
42,020
0.622699%
Parkland
24,872
0.368581 %
Pembroke Park
6,103
0.090440%
Pembroke Pines
154,508
2.289670%
Plantation
85,049
1.260350%
Pompano Beach
102,239
1.515090%
Sea Ranch Lakes
670
0.009929%
Southwest Ranches
7,385
0.109439%
Sunrise
86,154
1.276725%
Tamarac
61,102
0.905477%
Weston
65,448
0.969881 %
West Park
14,165
0.209913%
Wilton Manors
11,878
0.176021 %
Total Incorporated
1,754,492
26.000000%
Unincorporated Area 1 16,607
Total County 1,771,099
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 2013 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 2013 Amendment to Interlocal Agreement or a portion of this
2013 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_2013 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 2013 Amendment and
the Interlocal Agreement, as previously amended, the parties hereby agree that this
document shall control.
5. This 2013 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_2013 Agreement 4
IN WITNESS WHEREOF, the parties have made and executed this 2013
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, authorize to execute same by Board action, and
MUNICIPALITY, signing by and through its , duly authorized to
execute same.
COUNTY
ATTEST:
B oward County Administrator, a
Ex-Officio Clerk of the Broward County
Board of County Commissioners
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3/20/13
GASTAX5_2013.doc
City of Tamarac
«Municipality»
GasTax5_2013 Agreement 5
BROWARD COUNTY, by and through
its Board of County Commissioners
BY - ,
Mayor
day of 20 / 3
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 6 3
Al A. DiCalvo ( e)
Assistant County Attorney
2013 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:
ZlvL�z
ATT
t�
Municipal Clerk
SAMAz? /,
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«Municipality»
GasTax5_2013 Agreement 6
City of Tamarac
B
Y
Mayor-dornmissi6oner
15 day of Mi944 2013.
Municipal Ma ager
�V day of 2013.
,
APPROVED S TO F RM:
By y a, �1�IJ
nicipal Atto y