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HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-0541 Temp. Reso. #12019 May 5, 2011 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2011- P/ 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 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 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 pursuant to Section 336.025(1)(b), Florida Statutes, for transportation expenditures set forth in Section Temp. Reso. #12019 May 5, 2011 Page 2 336.025(7xa), 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 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 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 2011 Amendment to Intedocal 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). �J Temp. Reso. #12019 May 5, 2011 Page 3 SECTIQN_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 A ST: �A PETER M. J. RlqHARDSON, CRM, CMC CITY CLERK ... IHgpi � E87ABLISHE� 1963 .� 4C z 0... SEAL 0 I HEREBY CERTIONid►YI HAVE APPROVED THIS RESOLUTION AS TO FORM. ':z7-Sj V-414v'�)al 7 SAM EL S. G REN CITY ATTORNEY a- day of 7-2011, BY: LtL t11 PAMELA 16USHNELL MAYOR RECORD OF COMMISSION VOTE: MAYOR BUSHNELL DIST 1: COMM. SWENSO DIST 2: V/M GOMEZ DIST 3: COMM. GLAS§ER�� DIST 4: COMM. DRESSLER OFXJ1tf- A F 1 O R i O A Office of Management and Budget 115 S. ArKlreft Avenue, Room 404 • Fort Lauderdale, Florida 33301 •954-357-6345 & FAX 954-357-6364 April 13, 2011 Dear Municipality: Attached are amendments to three interlocal agreements requiring approval by your municipal 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, .Urtimarydmen The three interlocal 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 City'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 Clues' 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 sham of the three cents of gas tax will remain the same as last year. As a result, this amendment adjusts each City's percentage share 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 gag taut, This amendment includes adjustments to each City's percentage share based on updated population figures. visa ns Ig Poouldon NU The three lnteriocal 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 Amendment; must be executed by all parties by June 1, 2a11 per State Statute. It you have any questions about the amendments, please contact Jennifer Steelman from the County'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 arbwaR� 4ourrty Boaad'q['rtwr6y CornmrarlpRera Sue Gunmurrpr • Dale v,C. Holness •Kristin loco m • snip ►.+duaraa • Aana Liabwman • :Stacy Ritter • John E Rodstrom, Jr. • barber& Snanar • Lois weber WME-lam rd.ore Sincere) Kayla Ols ,Director Office of Management and Budget KO:js Attachments Temp. Reso. #12019 Exhibit 3 2011 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 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," I_\►1 a] 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 five (5) cent 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 Temp. Reso. #12019 Exhibit 3 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 2012 Population FY 2012 Percent Share of Proceeds Coconut Creek 52,909 0.794379% Cooper City 28,547 0.428607% Coral Springs 121,096 1.818144% Dania 29,639 0.445002% Davie 91,992 1.381174% Deerfield Beach 75,018 1.126325% Fort Lauderdale 165,521 2.485144% Hallandale 37,113 0.557217% Hillsboro Beach 1,875 0.028151% Hollywood 140,768 2.113501 % Lauderdale -by -the -Sea 6,056 0.090925% Lauderdale Lakes 32,593 0.489354% Lauderhill 66,887 1.004246% Lazy Lake 24 0.000362% Lighthouse Point 10,344 0.155306% Margate 53,284 0,800010% Miramar 122,041 1.832332% North Lauderdale 41,023 0.615922% 4 Temp. Reso. #12019 Exhibit 3 Recipient FY 2012 Population FY 2012 Percent Share of Proceeds Oakland Park 41,363 0.621027% Parkland 23,962 0.359767% Pembroke Park 6,102 0.091615% Pembroke Pines 154,750 2.323427% Plantation 84,955 1.275520% Pompano Beach 99,845 1.499080% Sea Ranch Lakes 670 0,010059% Southwest Ranches 7,345 0.110278% Sunrise 84,439 1.267773% Tamarac 60,427 0.907255% Weston 65,333 0.980915% West Park 14,156 0.212539% Wilton Manors 11,632 0.174644% Total Incorporated 1 1,731,709 26-000000% Unincor orated Area 1 16,357 Total County 1,748,066 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 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. 3. 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. M Temp. Reso. #12019 Exhibit 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 2011 Amendment and the Interlocal Agreement, as previously amended, the parties hereby agree that this document shall control. 5. 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. #12019 Exhibit 3 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 ATTEST: County Administrator ands Ex-Officio Clerk of the Board of County Commis of Broward CountY , F ,F co �0 GASTAX5_2011.docCITY OF TAMARAC BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS B /"' I -Z'Z Y. - () 0 Mayor ff day of , 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) 357-7641 Bn�` y I A. DiCalvo Assistant County Attorney F1 Temp. Reso. #12019 Exhibit 3 2011 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 WITNESSES: (CORPORATE SEAL) TA A4 '•R9 .ESTABLISHED*al 4� -A : 1963 � o�; SEAL cOUN/11j''00 �,t```� MUNICIPALITY CITY OF TAMARAC By a ��P I Mayor -Commissioner day of Qu_w_ , 2011. B Municipal Manager U day of2011. APPROV D AS TO FORM: B Municipal Attorney 11