Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-0661 I 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). 1 1 1 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. 41 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 1 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. 4 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