Loading...
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 7 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