HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-0581
Temp. Reso. #11816
April 27, 2010
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2010- _5T
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 FIFTH CENT ADDITIONAL
LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT
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 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 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 pursuant to Section
Temp. Reso. #11816
April 27, 2010
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336.025(1)(b), Florida Statutes, for transportation expenditures set forth in Section
336.025(7)(a), 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 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 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 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 Fifth Cent Additional Local Option Gas Tax on Motor Fuel for Transit (attached
hereto as Exhibit A) and authorizes the appropriate City Officials to accept and execute
Temp. Reso. #11816
April 27, 2010
Page 3
the agreement and to take all steps necessary to effectuate the intent of this resolution.
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 /;- day of , 2010.
BETH TALABISCO
MAYOR
A ST:
' Record of COMMISSION VOTE:
MARION SWENSONO,'Mt MAYOR TALABISCO 1
CITY CLERK DIST 1: COMM BUSHNELL
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.
SAMU S. G R
CITY ATTORNEY
Temp. Reso. #11816
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 FIFTH CENT ADDITIONAL
LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT
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,"
M
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. #11816
Exhibit A
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, 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 2011
Population
FY 2011 Percent
Share of Proceeds
Coconut Creek
47,804
0.717626%
Cooper City
29,849
0.448088%
Coral Springs
127,198
1.909475%
Dania
28,391
0.426201 %
Davie
91,056
1.366917%
Deerfield Beach
73,216
1.099106%
Fort Lauderdale
180,706
2.712728%
Hallandale
37,400
0.561443%
Hillsboro Beach
2,236
0.033566%
141,942
2.130810%
-Hollywood
5,920
0.088870%
-Lauderdale-by-the-Sea
Lauderdale Lakes
31,862
0.478307%
Lauderhill
64,000
0.960757%
Lake
39
0.000585%
-Lazy
Point
10,955
0.164455%
-Lighthouse
53,207
0.798735%
-Margate
Miramar
112,552
1.689612%
North Lauderdale
41,310
0.620139%
2
Temp. Reso. #11816
Exhibit A
Recipient
FY 2011
Population
FY 2011 Percent
Share of Proceeds
Oakland Park
41,756
0.626834%
Parkland
23,647
0.354985%
Pembroke Park
6,112
0.091752%
Pembroke Pines
151,193
2.269684%
Plantation
84,725
1.271878%
Pompano Beach
99,031
1.486637%
Sea Ranch Lakes
730
0.010959%
Southwest Ranches
8,570
0.128651 %
Sunrise
89,242
1.339686%
Tamarac
59,151
0.887965%
Weston
61,697
0.926185%
West Park
13,575
0.203786%
Wilton Manors
12,895
0.193578%
Total Incorporated
1,731,967
26.000000%
Unincorporated Area I12,955
Total County 17,744,922
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 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.
3. 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.
3
Temp. Reso. #11816
Exhibit A
4. All provisions of the Interlocal Agreement and any prior Amendment, not in
conflict with this 2010 Amendment to Interlocal Agreement, shall remain in full force and
effect.
5. 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.
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Temp. Reso. #11816
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.
ATTEST:
County Administrator and Ex-Officio
Clerk of the Board of County
Commissioners of Broward County,
Florida
0300, A �'00661e0e!
41 IL
a •
r o OPIATE0
c� g OCR: It;T m
COUNTY
BROWARD C UNTY, through its
BOARD OF 00UNTYCOMMIS,5eC
day of , 2010.
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
Al A. DiCalvo
Assistant County Attorney
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Temp. Reso. #11816
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 FIFTH CENT ADDITIONAL
LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT
MUNICIPALITY
WITNESSES: CITY OF TAMARAC
B 6
Y
Mayor -Commissioner
ATTEST: _
al Clerk
(CORPORATE SEAL)
AAD
4/13/2010
GASTAX5_2010.docCITY OF TAMARAC
Zy of / , 2010.
By
unicipal Manager 01
jf/day of �CI-u' , 2010.
APPROYVD AS TO FORM:
By
unicip I Attorney
1.1