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Home My WebLink AboutCity of Tamarac Resolution R-2011-0531 Temp. Reso. #12018 May 5, 2011 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2011- 53 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE 2011 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 Attomey'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 2011 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 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 Temp. Reso. #12018 May 5, 2011 Page 2 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 17, 2011; 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 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 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 2011 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). i� Temp. Reso. #1201 S May 5, 2011 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 o2J day of " , 2011. ATT PETER M. J. RI A DSON, CRM, CMC CITY CLERK. 1�11„111 r' W ESTABLISHED : 4S % • 1963 i G =0 SEAL p ' • �'•. : q9 • , .•'��S, cOUN��````�. I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM. I � , S M EL S. GOREN vCITY ATTORNEY BY: P0.42L"-til P MELA BUSHNELL MAYOR RECORD OF COMMISSION VOTE: MAYOR BUSHI DIST 1: COMM DIST 2: V/M G DIST 3: COMN DIST 4: COMN 741,61+ A B " - ARDWX M;, COUNTY Office of Management and Budget 115 S. Andrews Avenue, Room 404 • Fort Lauderdale, Florida 33301 •964-357-6346 - FAX 954.357-6364 April 13, 2011 Dear Municipality: Attached are amendments to three interlocal agreements requiring approval by your munidpal governing board no later than June 1, 2011 per State Statute. The attached amendments are required in order to adjust each City's percentage share based on updated population figures. Summary of Amendments The three lnterlocal agreements and amendments are described below: ■ The "original' local option gas tax agreement adopted in 1983 provides for Cities to receive 37.5% of the proceeds of six cents of gas tax. This amendment adjusts each Clty's percentage share of the 37.5% based on updated population figures. • The "additional' local option gas tax agreement adopted in 1993 now provides for Cities to receive 51.27% of three cents of gas tax. The Cities' share of this gas tax has Increased over the years due to annexations, however, there were no annexations of populated areas effective September 2010 so the Cities share of the three cents of gas tax will remain the some as last year. As a result, this amendment adjusts each City's percentage shave of the 51.27% based on updated population figures. • The 'transit gas tax" agreement adopted in 2000 provides for Cities to receive 26% of the proceeds of one cent of gas tax, This amendment includes adjustments to each City's percentage share based on updated population figures. Revisions to Population Fioures The three intertocal agreements provide for the distribution of gas taxes among the Cities based on population figures published annually by the University of Florida Bureau of Economics and Business Research. The interlocal agreements also provide for the population numbers to be revised annually using the most current published figures. Please place the three amendments on the agenda for approval by the municipal governing board as soon as possible and return the signed agreements no later than May 26, 2011. The Amendments must be executed by all partles by June 1, 2011 per Stab Statute. If you have any questions about the amendments, please contact Jennifer Steelman from the Countir's Office of Management and Budget at 357-6226. Attached are copies of the above discussed amendments. Please return three executed originals of each amendment (nine total) to: Thomas Hutka, Director Broward County Public Works Department 1 N University Drive, suite A305 Plantation, FL 33324 Ph. (954) 357-6410 8row2ld1 0u* B0844COuro Commratloners Sue Gunzburper • Dale V.C. Mdneaa •K+1sen Jacobs • Chip LaMarca • Ilane'L1ebar=r1 • Stacy Row • John E. Rodaton. Jr. • Barbara Sharer• Loia Wexler www.browprd.oro Sincerel Kayla Olse , Director Office of Management and Budget KO:js Attachments Temp. Reso. #12018 Exhibit 2 2011 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 2011 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 1 Temp. Reso. #12018 Exhibit 2 Recipient FY 2012 Percent Share of Proceeds Coconut Creek 1.566455% City 0.845179% -Cooper Coral Springs 3.585240% Dania 0.877510% Davie 2.723570% Deerfield Beach 2.221027% Fort Lauderdale 4.900513% Hallandale 1.098789% Hillsboro Beach 0.055512% 4.167661 % -Hollywood Lauderdale -by -the -Sea 0.179298% Lauderdale Lakes 0.964968% Lauderhill 1.980296% Lake 0.000710% -Lazy Point 0.306251 % -Lighthouse 1.577558% -Margate Miramar 3.613218% North Lauderdale 1.214551 % Oakland Park 1.224617% Parkland 0.709434% Pembroke Park 0.180659% Pembroke Pines 4.581620% Plantation 2.515228% Beach 2.956070% -Pompano Sea Ranch Lakes 0.019836% Southwest Ranches 0.217460% Sunrise 2.499951 % Tamarac 1.789037% Weston 1.934287% West Park 0.419111 % Wilton Manors 0.344384% 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 2 Temp. Reso. #12018 Exhibit 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 2012 Population Coconut Creek 52,909 Cooper City 28,547 Coral Springs 121,096 Dania 29,639 Davie 91,992 Deerfield Beach 75,018 Fort Lauderdale 165,521 Hallandale 37,113 Hillsboro Beach 1,875 Hollywood 140,768 Lauderdale -by -the -Sea 6,056 Lauderdale Lakes 32,593 Lauderhill 66,887 Lazy Lake 24 Lighthouse Point 10,344 Margate 53,284 Miramar 122,041 North Lauderdale 41,023 Oakland Park 41,363 Parkland 23,962 Pembroke Park 6,102 Pembroke Pines 154,750 Plantation 84,955 Pompano Beach 99,845 Sea Ranch Lakes 670 3 Temp. Reso. #12018 Exhibit 2 Recipient FY 2012 Population Southwest Ranches 7,345 Sunrise 84,439 Tamarac 60,427 Weston 65,333 West Park 14,156 Wilton Manors 11,632 Total Incorporated 1,731,709 Unincorporated Area 16,357 Total County 1,748,066 3. This 2011 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 2011 Amendment to Interlocal Agreement or a portion of this 2011 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 2011 Amendment and the Interlocal Agreement, as previously amended, the parties hereby agree that this document shall control. 6. This 2011 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.] 4 Temp. Reso. #12018 Exhibit 2 IN WITNESS WHEREOF, the parties have made and executed this 2011 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 TTEST: Z County Administrator and Ex-Officio Clerk of the Board of County Commissy�rs,� of Broward County, Flor i a V',�, r<< I GASTAX3_2011.docCITY OF TAMARAC BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS By V/-/ X*� Mayor cal day of J +�-y-� , 2011. Approved as to form 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) 357-741 By Zn Al A. DiCalvo Assistant County Attorney 5 Temp. Reso. #12018 Exhibit 2 2011 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 WITNESSES: r ATTES MunicipaPerk (CORPORATE SEAL) OF T AMA ,'��': = w : ESTABLISHED, Q= 1963 •O ��t•••. SEAL 00 U N-V4 , MUNICIPALITY CITY OF TAMARAC ByL?4.—, 11 Mayor -Commissioner day of '2011. Municipal Manager 8� day of £ , 2011. APPROVED AS TO FORM: Municipal Attorney 0