HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-067Temp. Reso. #11613
April 30, 2009
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2009- 67
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
FROM THE BROWARD COUNTY ADDITIONAL LOCAL
OPTION GAS TAX ON MOTOR FUEL 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
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
Local Option Gas Taxes from the original six cents to a maximum of eleven cents; and
Temp. Reso. #11613
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 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 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 from
the Broward County Additional Local Option Gas Tax on Motor Fuel Ordinance
(attached hereto as Exhibit A).
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Temp. Reso. #11613
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.
A
PASSED, ADOPTED AND APPROVED this Vday of ������ 2009.
ATTEST:
MARION SWENti ON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
4UEL S. GOREN
TY ATTORNEY
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO
DIST 1: COMM BUSHNELL_ Z4e _
DIST 2: VM ATKINS-GRAD L Gam"=-�
DIST 3: COMM. GLASSER
DIST 4: COMM. DRESSLER !J�''•'
J
2009 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 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,"
:►9
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
1
Recipient
FY 2010 Percent
Share of Proceeds
Coconut Creek
1.415359%
Cooper City
0.883230%
Coral Springs
3.786489%
Dania
0.834802%
Davie
2.707987%
Deerfield Beach
2.150572%
Fort Lauderdale
5.298090%
Hallandale
1.122819%
Hillsboro Beach
0.065316%
Hollywood
4.204757%
Lauderdale -by -the -Sea
0,171865%
Lauderdale Lakes
0.946138%
Lauderhill
1.898237%
Lazy Lake
0.001204%
Lighthouse Point
0.323642%
Margate
1,591189%
Miramar
3.308839%
North Lauderdale
1.241909%
Oakland Park
1.240558%
Parkland
0.700000%
Pembroke Park
0.180940%
Pembroke Pines
4.456592%
Plantation
2.516534%
Pompano Beach
2.938560%
Sea Ranch Lakes
0.021439%
Southwest Ranches
0.249310%
Sunrise
2.645550%
Tamarac
1.757856%
Weston
1,823436%
West Park
0.407078%
Wilton Manors
0.379703%
Total Incorporated
51.270000%
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 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
Lighthouse Point
11,020
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
3
Recipient
FY 2010
Population
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 Count
1,758,494
3. This 2009 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, 2009.
4. In the event this 2009 Amendment to Interlocal Agreement or a portion of this
2008 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 2009 Amendment and the
Agreement and/or any prior Amendment to the Agreement, the parties hereby agree
that this document shall control.
6. This 2009 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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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:
WCounty Administrator and E
Clerk of the Board of County
Commissioners of Broward G
Florida
COUNTY
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
CUM e �* N
T8 ;
Mayor
Uurny, �,
ay of , 2009.
A oved as to form by
e 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
5
2009 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:
A /4
sir!WA�/�/ �
1 /
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MUNICIPALITY
CITY OF TAMARAC, FLORIDA
By
Beth 4-Tlab�&isco.Vavor
..2( % day of);te4�. 12009.
By -L-J
Marion Swei;9on, CMC, City Clerk Jeffref L. Miller, City Manager µcm,.
(CORPORATE SEAL)
AAD:dmv
4/14/2009
GASTAX3_2009.doc«City of Tamarac))
4-7 day of , 2009.
APPROVED AS TO FORM:
By
el S. Goren, City Attorney
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