HomeMy WebLinkAboutCity of Tamarac Resolution R-2012-068Temp. Reso. #12204
April 23, 2012
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2012- C
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 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 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
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. #12204
April 23, 2012
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, 2012; 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 2012 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).
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1
Temp. Reso. #12204
April 23, 2012
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
ATTEST:
PETER M. J. RIC DSON, CRM, CMC
CITY CLERK
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
4ELSAM S. GO EN
CITY ATTORNEY
• day of 2012.
-:
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR TALABISCO
DIST 1: COMM. BUSHN L
DIST 2: COMM. GOMEZ
DIST 3: V/M GLASSER �X,41
DIST 4: COMM. DRESSLER
Temp. Reso. #12204
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 FIFTH CENT ADDITIONAL
LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT
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."
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
FY 2013
Population
FY 2013 Percent
Share of Proceeds
Coconut Creek
53,155
0.795653%
Cooper City
29,159
0.436468%
Coral Springs
121,651
1.820938%
Dania
29,596
0.443009%
Davie
92,151
1.379366%
Deerfield Beach
75,125
1.124512%
Fort Lauderdale
166,205
2.487846%
Hallandale
37,229
0.557264%
Hillsboro Beach
1,875
0.028066%
Hollywood
140,930
2.109517%
Lauderdale -by -the -Sea
6,074
0.090919%
Lauderdale Lakes
32,766
0.490459%
Lauderhill
66,709
0.998537%
Lazy Lake
24
0.000359%
Lighthouse Point
10,377
0.155329%
Margate
53,714
0.804020%
Miramar
122,982
1.840861 %
North Lauderdale
41,248
1 0.617422%
City of Tamarac
GasTax5_2012 Agreement 2
Recipient
FY 2013
Population
FY 2013 Percent
Share of Proceeds
Oakland Park
41,549
0.621928%
Parkland
24,391
0.365098%
Pembroke Park
6,099
0.091293%
Pembroke Pines
154,889
2.318463%
Plantation
84,687
1.267641 %
Pompano Beach
100,319
1.501629%
Sea Ranch Lakes
675
0.010104%
Southwest Ranches
7,345
0.109944%
Sunrise
84,375
1.262971 %
Tamarac
60,619
0.907378%
Weston
65,237
0.976503%
West Park
14,078
0.210727%
Wilton Manors
11,743
0.175776%
Total Incorporated
1,736,9761
26.000000%
unincorporated Area 1 16,186
Total County 1 1,753,162
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 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.
3. 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.
City of Tamarac
GasTax5_2012 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 2012 Amendment and
the Interlocal Agreement, as previously amended, the parties hereby agree that this
document shall control.
5. 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
GasTax5_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:
forW=77
County Administrator and
Ex-Officio Clerk of the
Board of County Commissioners
of Broward County, Florida
0.a
COTE
1915
3/9/12
GASTAX5_2012.doc
City of Tamarac
City of Tamarac
GasTax5_2012 Agreement 5
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
M
Mayor
C)��day of
2012.
Approved as to fo"rm 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
Al A. DiCalvo
Assistant County Attorney
2012 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:
(CORPORATE SEAL)
City of Tamarac
GasTax5_2012 Agreement 6
City of Tamarac
(/
By. C
Mayor-Com ssioner
��
•. of //�'2012.
MunicipalManager
--77 day of , 2012.
APPROVED AS TO FORM:
By
c-4L, v4sy "I
Mu icipal Attorney