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HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-056Temp. Reso. #11814 April 27, 2010 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2010- „'r4 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA APPROVING THE 2010 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE AGREEMENT AND TAKE ALL STEPS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; 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 2010 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 1 Temp. Reso. #11814 April 27, 2010 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 1, 2010; 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 to Interlocal Agreement between Broward County and the City of Tamarac providing for the division and distribution of the proceeds of the Local Option Gas Tax imposed by the Broward County Local Option Gas Tax 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 City Commission of the City of Tamarac hereby approves the attached 2010 Amendment to Interlocal Agreement between Broward County and City of Tamarac providing for division and distribution of the proceeds of the local Option Gas Tax imposed by the Broward County Local Option Gas Tax Ordinance (attached hereto as Exhibit A) and authorizes the appropriate City Officials to accept and execute the agreement and to take all steps necessary to effectuate the intent of this resolution. J Temp. Reso. #11814 April 27, 2010 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 l0? day of R, 2010. 9W_ BETH TALABI CO, MAYOR ATTEST: 62 \ " ; WRecord of COMMISSION VOTE: ARION SWEENSO C MAYOR TALABISCO CITY CLERK DIST 1: COMM BUSHNEL DIST 2: COMM ATKINS-GRAD DIST 3: COMM GLASSER DIST 4: VM DRESSLER I HEREBY CERTIFY that I have approved this RESOLUTION as to form. '�'(AILJ f)lz /)'I. SA EL S. GO N CITY ATTORNEY Temp. Reso. #11814 Exhibit A 2010 AMENDMENT to INTERLOCAL AGREEMENT between BROWARD COUNTY and CITY OF TAMARAC providing for DIVISION AND DISTRIBUTION OF THE PROCEEDS OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE This is the 2010 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," _►o 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)(a), Florida Statutes, authorizes the counties to extend the levy of the six (6) 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 14, 1988, the Board of County Commissioners enacted Ordinance No. 88-27, effective September 1, 1988, through August 31, 2018, pursuant to Section 336.025(1)(a), Florida Statutes, extending the levy of the six 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 the 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 Temp. Reso. #11814 Exhibit A tax among the county and all eligible municipalities within the county, as set forth in Section 336.025(3)(a)1, Florida Statutes; and WHEREAS, paragraph 4 of the Interlocal Agreement, as amended by the Addendum to the Interlocal Agreement and the prior amendments, 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, COUNTY and MUNICIPALITY agree as follows: 1. Paragraph 2 of the Interlocal Agreement, as amended by the Addendum thereto and the prior amendments, is amended to read as follows: 2. Sixty-two and Five tenths percent (62.5%) of said Local Option Gas Tax proceeds shall be distributed to the COUNTY, and the remaining Thirty-seven and Five tenths percent (37.5%) shall be divided among and distributed to the eligible municipalities within the COUNTY as follows: Population of Individual Municipality x 37.5% _ Total Incorporated Area Population Recipient FY 2011 Percent Share of Proceeds Coconut Creek 1.035037% Cooper City 0.646280% Coral Springs 2.754051 % Dania 0.614713% Davie 1.971516% Deerfield Beach 1.585250% Fort Lauderdale 3.922589% Hallandale 0.809773% Hillsboro Beach 0.048413% Hollywood 3.073283% Laud erdale-b -the-Sea 0.128178% Lauderdale Lakes 0.689866% Lauderhill 1.385708% Lazy Lake 0.000844% Lighthouse Point 0.237194% Margate 1.152021 % Miramar 2.436940% 2 Temp. PW 4.; Exhibit A Recipient FY 2011 Percent Share of Proceeds North Lauderdale 0.894431 % Oakland Park 0.904088% Parkland 0.511997% Pembroke Park 0.132335% Pembroke Pines 3.273583% Plantation 1.824439% Pompano Beach 2.144188% Sea Ranch Lakes 0.015806% Southwest Ranches 0.185555% Sunrise 1.932239% Tamarac 1.280719% Weston 1.335844% West Park 0.293922% Wilton Manors 0.279198% Total Incorporated 37.500000% 2. The population figures set forth herein are based on the most current edition of Florida Estimates of Population, published by the Bureau of Economics and Business Research, Population Division, University of Florida. In accordance with the population figures, paragraph 3 of the Interlocal Agreement, as amended by the Addendum thereto and the prior amendments, is amended to read as follows: Recipient FY 2011 Population Coconut Creek 47,804 Cooper City 29,849 Coral Springs 127,198 Dania 28,391 Davie 91,056 Deerfield Beach 73,216 Fort Lauderdale 180,706 Hallandale 37,400 Hillsboro Beach 2,236 Hollywood 141,942 Laud erdale-b -the-Sea 5,920 Lauderdale Lakes 31,862 Lauderhill 64,000 Lazy Lake 39 K Temp. Reso. #11814 Exhibit A Recipient FY 2011 Population Point 10,955 -Lighthouse 53,207 -Margate Miramar 112,552 North Lauderdale 41,310 Oakland Park 41,756 Parkland 23,647 Pembroke Park 6,112 Pembroke Pines 151,193 Plantation 84,725 Pompano Beach 99,031 Sea Ranch Lakes 730 Southwest Ranches 8,570 Sunrise 89,242 Tamarac 59,151 Weston 61,697 West Park 13,575 Wilton Manors 12,895 Total Incorporated 1,731,967 Area 12,955 -Unincorporated Total County 1,744,922 3. Except to the extent amended, the Agreement shall remain in full force and effect. In the event of any conflict between the terms of this 2010 Amendment and the prior amendments, the parties hereby agree that this document shall control. 4. This 2010 Amendment 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 2010 Amendment prior to June 1, 2010. 5. This 2010 Amendment may be simultaneously 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. 6. In the event a portion of this 2010 Amendment is found by a court of competent jurisdiction to be invalid, the remaining portions shall continue to be effective. 4 Temp. Reso,-#11814 Exhibit A IN WITNESS WHEREOF, the parties have made and executed this 2010 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 and Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida • 04000 / F ri OCT d ST � • t 1915 O PP BROWARD C UNTY, through its BOARD OF C�NT/Y COMMISSIONERS day of Oew" 12010. Approved as to form by Office of County Attorney Broward County, Florida JEFFREY J. NEWTON, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-6968 By AI A. DiCalvo Assistant County Attorney 5 Temp. Reso. #11814 Exhibit A 2010 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC PROVIDING FOR DIVISION AND DISTRIBUTION OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE WITNESSES: ATTEST: By lerk (CORPORATE SEAL) AAD:dmv 4/13/2010 GASTAX6_2010.docCITY OF TAMARAC MUNICIPALITY CITY OF TAMARAC By Mayor -Commissioner Yj' day of , 2010. G Municipal Manager /tday of �/��' '2010. APPROYEP AS TO FORM: By v 08 Aunicipfi IAgdrney 0