HomeMy WebLinkAboutCity of Tamarac Resolution R-2012-067Temp. Reso. #12203
April 23, 2012
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. 11-2012-� 7
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE THE 2012
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 2012 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. #12203
April 23, 2012
Page 2
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
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, 2012; and
WHEREAS, the City Manager and the Director of Financial Services recommend
approval; and
1
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
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Temp. Reso. #12203
April 23, 2012
Page 3
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 2012 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).
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.
Temp. Reso. #12203
April 23, 2012
Page 4
PASSED, ADOPTED AND APPROVED this ay of , 2012.
ATTEST:
PETER M. J. RIC RDS N, CRM, CMC
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR TALABISCO
DIST 1: COMM. BUSH ELL
DIST 2: COMM. GOMEZ
DIST 3: V/M GLASSER�
DIST 4: COMM. DRESSLER�
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
tf SAM EL S. GOREN
CITY ATTORNEY
1
Temp. Reso. #12203
Exhibit A
2012 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 2012 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
FY 2013 Percent
Share of Proceeds
Coconut Creek
1.568966%
Cooper City
0.860681 %
Coral Springs
3.590750%
Dania
0.873580%
Davie
2.720004%
Deerfield Beach
2.217451 %
Fort Lauderdale
4.905842%
Hallandale
1.098882%
Hillsboro Beach
0.055344%
4.159805%
-Hollywood
0.179285%
-Lauderdale-by-the-Sea
Lauderdale Lakes
0.967148%
Lauderhill
1.969037%
Lake
0.000708%
-Lazy
Point
0.306296%
-Lighthouse
1.585466%
-Margate
Miramar
3.630037%
North Lauderdale
1.217510%
Oakland Park
1.226394%
Parkland
0.719945%
Pembroke Park
0.180023%
Pembroke Pines
4.571830%
Plantation
2.499691 %
Beach
2.961097%
-Pompano
Sea Ranch Lakes
0.019924%
Southwest Ranches
0.216801 %
Sunrise
2.490481 %
Tamarac
1.789280%
Weston
1.925588%
West Park
0.415538%
Wilton Manors
0.346616%
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
City of Tamarac
GaxTax3_2012 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
FY 2013
Population
Coconut Creek
53,155
Cooper City
29,159
Coral Springs
121,651
Dania
29,596
Davie
92,151
Deerfield Beach
75,125
Fort Lauderdale
166,205
Hallandale
37,229
Hillsboro Beach
1,875
Hollywood
140,930
Lauderdale -by -the -Sea
6,074
Lauderdale Lakes
32,766
Lauderhill
66,709
Lazy Lake
24
Lighthouse Point
10,377
Margate
53,714
Miramar
122,982
North Lauderdale
41,248
Oakland Park
41,549
Parkland
24,391
Pembroke Park
6,099
Pembroke Pines
154,889
Plantation
84,687
Pompano Beach
100,319
Sea Ranch Lakes
675
City of Tamarac
GaxTax3_2012 Agreement 3
Recipient
FY 2013
Population
Southwest Ranches
7,345
Sunrise
84,375
Tamarac
60,619
Weston
65,237
West Park
14,078
Wilton Manors
11,743
Total Incorporated
1,736,976
Unincorporated Area
16,186
Total County
1,753,162
3. This 2012 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 2012 Amendment to Interlocal Agreement or a portion of this
2012 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 2012 Amendment and
the Interlocal Agreement, as previously amended, the parties hereby agree that this
document shall control.
6. This 2012 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.]
City of Tamarac
GaxTax3_2012 Agreement 4
IN WITNESS WHEREOF, the parties have made and executed this 2012
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 Mayor -Commissioner, duly authorized to
execute same.
COUNTY
ATTEST:
fc),County Administrator and
Ex-Officio Clerk of the
Board of County Commissioners
of Broward County, Florida
Al
0
CREATES
3ni12
GASTAX3_2012.doc
City of Tamarac
City of Tamarac
GaxTax3_2012 Agreement 5
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
M
day of
Mayor
2012.
Approved as to fdtm by
Office of County Attorney
Broward County, Florida
JONI ARMSTRONG COFFEY, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
By 4d
Al A. DiCalvo
Assistant County Attorney
2012 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD
COUNTY AND CITY OF City of Tamarac PROVIDING FOR DIVISION AND
DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL
LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE
MUNICIPALITY
WITNESSES:
ATTEST:
By�;i� '-- '
Municipal Clerk
(CORPORATE SEAL)
City of Tamarac
GaxTax3_2012 Agreement 6
City of Tamarac
By
Mayor -Commissioner
o4.9 day of _ '2012.
Municipal Manager
�-� day of , 2012.
APPROV AS TO FORM:
By
Municipal Attorney