HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-0581
Temp. Reso. #11393
April 22, 2008
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2008-,3'?
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 FIFTH CENT ADDITIONAL
LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on June 13, 2000, the Broward County Board of County
Commissioners enacted Ordinance No. 2000-25 extending the levy of the fifth -cent local
option gas tax for thirty years and providing for a method of distribution of the proceed of
the 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 forthe
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 pursuant to Section
336.025(1)(b), Florida Statutes, for transportation expenditures set forth in Section
Temp. Reso. #11393
April 22, 2008
Page 2
336.025(7)(a), Florida Statutes; and
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, 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 Fifth -Cent Additional Local Option Gas Tax on Motor Fuel For Transit.
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 Fifth Cent Additional Local Option Gas Tax on Motor Fuel for Transit
(attached hereto as Exhibit A).
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Temp. Reso. #11393
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 Al -I day of , 2008.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
SAM EL S. GOREN
t4dTY ATTORNEY
'P®RN
"'®r MR!
111141YOR
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO
DIST 1: COMM PORTNER
DIST 2: COMM ATKINS-GRAD
DIST 3: V/M SULTANOF
DIST 4: COMM. DRESSLER W-41
2008 AMENDMENT
to
INTERLOCAL AGREEMENT
between
BROWARD COUNTY
and
City of Tamarac
providing for
DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM
THE BROWARD COUNTY FIFTH CENT ADDITIONAL
LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT
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,"
,J
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)(b), Florida Statutes, authorizes the counties to
extend the levy of the five (5) 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 13, 2000, the Board of County Commissioners enacted
Ordinance No. 2000-25, effective January 1, 2001, through December 31, 2031,
pursuant to Section 336.025(1)(b), Florida Statutes, extending the levy of the fifth -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 said 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
tax among the County and all eligible municipalities within the County; and
WHEREAS, paragraph 4 of the Interlocal Agreement, 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 and pursuant to Section 336.025(1)(b), Florida Statutes,
for transportation expenditures set forth in Section 336.025(7)(a), Florida Statutes, the
COUNTY and MUNICIPALITY agree as follows:
Paragraph 2 of the Interlocal Agreement, is hereby amended to read as follows:
2.1 Forty-eight percent (48%) of said proceeds shall be distributed to the
COUNTY. The remaining Fifty-two percent (52%) shall be distributed to the
eligible municipalities in the following manner:
2.1.1 Twenty-six percent (26%) shall be distributed to the eligible
municipalities based on population as follows:
Population of Individual CITY
Total incorporated area Population X 26.0000%
Recipient
FY 2009
Po ulation
FY 2009 Percent
Share of Proceeds
Coconut Creek
48,207
0.715505%
Cooper City
29,919
0.444068%
Coral Springs
129,766
1.926033%
Dania
29,524
0.438206%
Davie
93,428
1.386691 %
Deerfield Beach
75,829
1.125481 %
Fort Lauderdale
179,971
2.671193%
Hallandale
38,193
0.566874%
Hillsboro Beach
2,223
0.032995%
Hollywood
142,943
2.121610%
Lauderdale -by -the -Sea
6,196
0,091963%
Lauderdale Lakes
32,314
0.479616%
Lauderhill
64,261
.953784%
Lazy Lake
41
0.000609%
Lighthouse Point
10,964
0.162732%
Margate
55,661
0.826140%
Miramar
111,705
1.657965%
North Lauderdale
42,269
0.627371 %
Recipient
FY 2009
Population
FY 2009 Percent
Share of Proceeds
Oakland Park
42,081
0.624581 %
Parkland
23,163
0,343793%
Pembroke Park
5,818
0.086352%
Pembroke Pines
152,888
2.269217%
Plantation
85,349
1.266780%
Pompano Beach
101,12$
1.500977%
Sea Ranch Lakes
732
0.010865%
Southwest Ranches
8,461
0.125581
Sunrise
89,633
1.330364%
Tamarac
60,066
0.891521 %
Weston
62,233
0.923684%
West Park
13,930
0.206754%
Wilton Manors
12,848
0.190695%
Total Incorporated
1,751,7441
26.000000%
Unincorporated Area 1 13,963
Total Coun 1,765,707
The population figures set forth above 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 Economic and Business Research, Population
Division, of the University of Florida. The population figures to be utilized in the
formula described in this section, for the distribution of the Fifth Cent, shall be
adjusted annually based on the current Florida Estimates of Population.
2.1.2 Twenty-six percent (26%) shall be distributed by COUNTY to the
Municipalities by grant agreement for Community Shuttle Services.
2. 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.
3. In the event this 2008 Amendment to Interlocal Agreement or a portion of this
2007 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.
M
4. All provisions of the Interlocal Agreement and any prior Amendment, not in
conflict with this 2008 Amendment to Interlocal Agreement, shall remain in full force and
effect.
5. 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.
0
Cobffy Administrator ana
Clerk of the Board of Cou
Commissioners of Browq�
Florida ?'
COUNTY
"�. •gym ppyy J
BROWARD COUNTY, through its
BOARD OF COUNTY COMMIS IONERS
Mayor
;..�mday of S , 2008.
pproved as to form by
ffice of County Attorney
froward 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
2008 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD
COUNTY AND TAMARAC PROVIDING FOR DIVISION AND DISTRIBUTION OF THE
PROCEEDS FROM THE BROWARD COUNTY FIFTH CENT ADDITIONAL LOCAL
OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT
WITNESSES:
ATTLEST:
aA-
Marion Swenson, City Clerk
(CORPORATE SEAL)
AAD
4/08/2008
GASTAX5 2008.doc« Tamarac»
MUNICIPALITY
City of Tamarac
AS; M�-�j
day of , 2008.
effr y L. Miller, City Manager
Z---day of 12008.
APPRO D AS TO FORM:
4Sauel S. Goren, City Attorney
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