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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). 1 1 1 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 r i ��//�1! w Z 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.] 4 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 w R'' oe, i 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 n