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:
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PETER M. J. RlqHARDSON, CRM, CMC
CITY CLERK
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I HEREBY CERTIONid►YI HAVE
APPROVED THIS RESOLUTION
AS TO FORM.
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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
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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)
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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