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
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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.
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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.
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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
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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