HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-0571
Temp. Reso. #11392
April 22, 2008
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2008- d17
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE THE 2008
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 2008 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
WHEREAS, Interlocal Agreements with municipalities representing a majority of the
Temp. Reso. #11392
April 22, 2008
Page 2
incorporated population must be executed by both the Municipality and Broward County
prior to June 1, 2008; 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.
SECTION 2: The appropriate City Officials are hereby authorized to accept and
execute the attached 2008 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. #11392
April 22, 2008
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 Z�I'Vlday of , 2008.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
S MUEL S. G REN
CITY ATTORNEY
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RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO G¢�
DIST 1:
COMM PORTNER
DIST 2:
COMM ATKINS-GRAD
DIST 3:
V/M SULTANOF tkV
DIST 4:
COMM. DRESSLER 6' W141—
2008 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 2008 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
1
Recipient
FY 2009 Percent
Share of Proceeds
Coconut Creek
1.410921 %
Cooper City
0.875669%
Coral Springs
3.797988%
Dania
0.864108%
Davie
2.734448%
Deerfield Beach
2.219361 %
Fort Lauderdale
5.267387%
Hallandale
1.117832%
Hillsboro Beach
0.065063%
Hollywood
4.183652%
Lauderdale -by -the -Sea
0.181344%
Lauderdale Lakes
0.945765%
Lauderhill
1.880789%
Lazy Lake
0.001200%
Lighthouse Point
0.320894%
Margate
1.629085%
Miramar
3.269379%
North Lauderdale
1.237128%
Oakland Park
1.231626%
Parkland
0.677935%
Pembroke Park
0.170281 %
Pembroke Pines
4.474722%
Plantation
2.497992%
Pompano Beach
2.959812%
Sea Ranch Lakes
0.021424%
Southwest Ranches
0.247636%
Sunrise
2.623376%
Tamarac
1.758010%
Weston
1.821434%
West Park
0.407703%
Wilton Manors
0.376036%
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 2009
Population
Coconut Creek
48,207
Cooper City
29,919
Coral Springs
129,766
Dania
29,524
Davie
93,428
Deerfield Beach
75,829
Fort Lauderdale
179,971
Hallandale
38,1.93
Hillsboro Beach
2,223
Hollywood
142,943
Lauderdale -by -the -Sea
6,196
Lauderdale Lakes
32,314
Lauderhill
64,261
Lazy Lake
41
Lighthouse Point
10,964
Margate
55,661
Miramar
11.1,705
North Lauderdale
42,269
Oakland Park
42,081
Parkland
23,163
Pembroke Park
5,818
Pembroke Pines
152,888
Plantation
85,349
Pompano Beach
101,128
Sea Ranch Lakes
732
3
Recipient
FY 2009
Population
Southwest Ranches
8,461
Sunrise
89,633
Tamarac
60,066
Weston
62,233
West Park
13,930
Wilton Manors
12,848
Total Incorporated
1,751,744
Unincorporated Area
13,963
Total County
1,765,707
3. This 2008 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, 2008.
4. In the event this 2008 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 2008 Amendment and the
Agreement and/or any prior Amendment to the Agreement, the parties hereby agree
that this document shall control.
6. This 2008 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 2008
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.
A
Coufv Admini
Clerk of the Board of
Commissioners of Br
Florida
COUNTY
- e"
�i
BROWARD COUNTY, through its
BOARD OF COUNTY COM ISSIONERS
g
Mayor
_,?Jff�ay of , 2008.
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
Telecopi (954) 357-696�
4!
By
Al A. DiCalvo
Assistant County Attorney
5
2008 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
WITNESSES:
ATTEST:
ByY
Marie Swenson, City Clerk
(CORPORATE SEAL)
AAD:dmv
4/08/2008
GASTAX3 2008.doc« Tamarac»
MUNICIPALITY
City of Tamarac
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Beth Flansbaum-Talal5isc-o, Mayor
J?day • 2008.
re L. giller, City Manager
,r.
f--!day of , 2008.
APPPROOVFD�AS TOO FORM:
,') -$hmuel S. Goren, City Attorney
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