HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-057Temp. Reso. #11815
April 27,2010
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2010- 57
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
FROM THE BROWARD COUNTY ADDITIONAL LOCAL
OPTION GAS TAX ON MOTOR FUEL 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 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 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
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
Temp. Reso. #11815
April 27,2010
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Local Option Gas Taxes from the original six cents to a maximum of eleven cents; 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 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 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 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 from the Broward
County Additional Local Option Gas Tax on Motor Fuel 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.
II
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Temp. Reso. #11815
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 iOZ day of2010.
ATTEST:
R R/A
1�1"
•Mlrlyi,r •
1la
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
rl z L�1a
SAMtjtff S. ORE
CITY ATTORNEY
�-
BETH TALABISCO
MAYOR
Record of COMMISSION VOTE:
MAYOR TALABISCO �--'
DIST 1: COMM BUSHNEtL
DIST 2: COMM ATKINS-GRA
DIST 3: COMM GLASSER E'
DIST 4: VM DRESSLER
Temp. Reso. #11815
Exhibit A
2010 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 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,"
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
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Temp. Reso. #11815
Exhibit A
Recipient
FY 2011 Percent
Share of Proceeds
Coconut Creek
1.415103%
Cooper City
0.883595%
Coral Springs
3.765338%
Dania
0.840436%
Davie
2.695456%
Deerfield Beach
2.167353%
Fort Lauderdale
5.349288%
Hallandale
1.107122%
Hillsboro Beach
0.066190%
Hollywood
4.201793%
Lauderdale -by -the -Sea
0.175245%
Lauderdale Lakes
0.943185%
Lauderhill
1.894540%
Lazy Lake
0.001154%
Lighthouse Point
0.324292%
Margate
1.575043%
Miramar
3.331785%
North Lauderdale
1.222866%
Oakland Park
1.236069%
Parkland
0.700003%
Pembroke Park
0.180929%
Pembroke Pines
4.475642%
Plantation
2.508045%
Pompano Beach
2.931534%
Sea Ranch Lakes
0.021610%
Southwest Ranches
0.253691 %
Sunrise
2.641758%
Tamarac
1.750999%
Weston
1.826366%
West Park
0.401850%
Wilton Manors
0.381720%
Total Incorporated
51.270000%
Y
Temp. Reso. #11815
Exhibit A
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 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 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
Lauderdale -by -the -Sea
5,920
Lauderdale Lakes
31,862
Lauderhill
64,000
Lazy Lake
39
Lighthouse Point
10,955
Margate
53,207
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
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Temp. Reso. #11815
Exhibit A
Recipient
FY 2011
Population
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
Unincorporated Area
12,955
Total County
1,744,922
3. This 2010 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 prior to June 1, 2010
4. In the event this 2010 Amendment to Interlocal Agreement or a portion of this
2010 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 Agreement shall remain in full force and
effect. In the event of any conflict between the terms of this 2010 Amendment and the
Agreement and/or any prior Amendment to the Agreement, the parties hereby agree
that this document shall control.
6. This 2010 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.]
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Temp. Reso. #11815
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 Cower+*9
Florida 100? COMM
�Vae
CREATED
OCT. iST
O
•`®ee�%�vee
e•
BROWARD 9OUNTY, thr�o��ugJh i
BOARD OF OINATY CODRMiWbNERS
day of , 2010.
INi
g� p"roved as to form by
s ice of County Attorney
s (Arbward County, Florida
Jf FFREY J. NEWTON, County Attorney
Governmental Center, Suite 423
�e 15 South Andrews Avenue
`a Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
j/ p
By
'(W.
Al A. DiCalvo
Assistant County Attorney
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Temp. Reso. #11815
Exhibit A
2010 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:
P
(CORPORATE SEAL)
AAD:dmv
4/13/2010
GASTAX3_2010.docCITY OF TAMARAC
MUNICIPALITY
CITY OF TAMARAC
By
Mayor -Commissioner
/day of , 2010.
'Municipal Manager
day of /"lam' , 2010.
APPR VED AS TO F RM:
By — � &4h A
/hunicip6i Atcftey
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