HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-0661
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Temp. Reso. #11612
April 30, 2009
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2009-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE THE 2009
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; 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 2009 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
Temp. Reso. #11612
April 30, 2009
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, 2009; and
WHEREAS, the City Manager and the Deputy City Manager/Interim 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 appropriate City Officials are hereby authorized to accept and
execute the attached 2009 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).
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Temp. Reso. #11612
April 30, 2009
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 day of�)te�",. , 2009.
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ATTEST:
AL��n ze�r1�
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
S M(JEL S. GOREN
ITY ATTORNEY
BETH FLANSBAIJIM-TALABISCO
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO
DIST 1: COMM BUSH NELL t/)
DIST 2: VM ATKINS-GRAD—�✓', ' "
DIST 3: COMM. GLASSER_
DIST 4: COMM. DRESSLER
2009 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 2009 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."
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
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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„ Municipalitx x 37.5% _
Total Incorporated Area Population
Recipient
FY 2010 Percent
Share of Proceeds
Coconut Creek
1.035225%
Cooper City
0.646013%
Coral Springs
2.769521 %
Dania
0.610592%
Davie
1.980681 %
Deerfield Beach
1.572975%
Fort Lauderdale
3.875139%
Hallandale
0.821254%
Hillsboro Beach
0.047773%
Hollywood
3.075451 %
Lauderdale -by -the -Sea
0.125706%
Lauderdale Lakes
0.692026%
Lauderhill
1.388412%
Lazy Lake
0.000881 %
Lighthouse Point
0.236719%
Margate
1.163830%
Miramar
2.420157%
North Lauderdale
0.908359%
2
Recipient
FY 2010 Percent
Share of Proceeds
Oakland Park
0.907371 %
Parkland
0.511995%
Pembroke Park
0.132343%
Pembroke Pines
3.259649%
Plantation
1.840648%
Pompano Beach
2.149327%
Sea Ranch Lakes
0.015681 %
Southwest Ranches
0.182351 %
Sunrise
1.935013%
Tamarac
1.285734%
Weston
1.333701 %
West Park
0.297746%
Wilton Manors
0.277727%
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 2010
Population
Coconut Creek
48,193
Cooper City
30,074
Coral Springs
128,930
Dania
28,425
Davie
92,207
Deerfield Beach
73,227
Fort Lauderdale
180,400
Hallandale
38,232
Hillsboro Beach
2,224
Hollywood
143,172
Lauderdale -by -the -Sea
5,852
Lauderdale Lakes
32,216
Lauderhill
64,635
Lazy Lake
41
3
Lighthouse Point
11,020
Recipient
FY 2010
Population
Margate
54,180
Miramar
112,666
North Lauderdale
42,287
Oakland Park
42,241
Parkland
23,835
Pembroke Park
6,161
Pembroke Pines
151,747
Plantation
85,688
Pompano Beach
100,058
Sea Ranch Lakes
730
Southwest Ranches
8,489
Sunrise
90,081
Tamarac
59,855
Weston
62,088
West Park
13,861
Wilton Manors
12,929
Total Incorporated
1,745,744
Unincorporated Area
12,750
Total County___1,758,494
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 2009 Amendment and the
prior amendments, the parties hereby agree that this document shall control.
4. This 2009 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 2009 Amendment
prior to June 1, 2009.
5. This 2009 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 2009 Amendment is found by a court of competent
jurisdiction to be invalid, the remaining portions shall continue to be effective.
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IN WITNESS WHEREOF, the parties have made and executed this 2009
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 an E
Clerk of the Board of Co ni
Commissioners of Broward
Florida
BOUNTY
ROWARD COUNTY, through its
ARD OF COUNTY COMMISSIONERS
Mayor
��•�.«�"` day of , 2009.
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
2009 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
MUNICIPALITY
WITNESSES:
6a�
ATTEST:
9
1. J�
By
Marion Sw6nson, CMC, City Clerk
(CORPORATE SEAL)
AAD:dmv
4/14/2009
GASTAX6_2009.doc«City of Tamarac))
CITY OF TAMARAC, FLORIDA
By 44yi"��
Beth Flansbaum- alabisc , Mayor
day of �� , 2009.
ffr y L. Miller, City Manage
,' "7 day of �% '2009.
APPROVED AS TO FORM:
BCC
el S. Goren, City Attorney
Ie