HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-065Temp. Reso. #11198
May 3, 2007
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2007-4�37—
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE THE 2007
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 forthe
tax proceeds; and
WHEREAS, this will be the 2007 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
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Temp. Reso. #11198
May 3, 2007
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, 2007; 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 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.
SECTION 2: The appropriate City Officials are hereby authorized to accept and execute
the attached 2007 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).
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Temp. Reso. #11198
May 3, 2007
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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 a day ofJ% 2007.
BETH FLANBAUM- ALABISCO
MAYOR
ATTEST:
e
h �.. n ti
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
have approved this
RESOLUTION as to form.
A� L . OREN
CITY ATTORNEY
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO .2
DIST 1: COMM. PORTNER p
DIST 2: COMM. ATKINS-GRAD
DIST 3: V/M SULTANOF
DIST 4: COMM. DRESSLER
%t L J
2007 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 2007 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,"
Uri
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
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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 Municipalitv x 37.5% =
Total Incorporated Area Population
Recipient
FY 2008 Percent
Share of Proceeds
Coconut Creek
1.043863%
City
0.648210%
-Cooper
Coral Springs
2.801249%
Dania
0,617133%
Davie
1.937220%
Deerfield Beach
1.633938%
Fort Lauderdale
3.800181 %
Hallandale
0.774663%
Hillsboro Beach
0.048281 %
3.096730%
-Hollywood
0.126020%
-Lauderdale-by-the-Sea
Lauderdale Lakes
0.695066%
Lauderhill
1.443168%
Lake
0.000886%
-Lazy
Point
0.235550%
-Lighthouse
1.195839%
-Margate
Miramar
2.384288%
North Lauderdale
0.898717%
2
Recipient
FY 2008 Percent
Share of Proceeds
Oakland Park
0.916936%
Parkland
0.481798%
Pembroke Park
0.124053%
Pembroke Pines
3.280411 %
Plantation
1.834671 %
-Pompano Beach
2.185046%
Sea Ranch Lakes
0.015777%
Southwest Ranches
0.160254%
Sunrise
1.937933%
Tamarac
1.280710%
Weston
1.331931 %
West Park
0.298333%
Wilton Manors
0.271145%
Total Incorporated
37.600000%
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 2008
Population
Coconut Creek
48,300
Cooper City
29,993
Coral Springs
129,615
Dania
28,555
Davie
89,636
Deerfield Beach
75,603
Fort Lauderdale
175,836
Hallandale
35,844
Hillsboro Beach
2,234
Hollywood
143,287
Lauderdale -by -the -Sea
5,831
Lauderdale Lakes
32,161
Lauderhill
66,776
Lazy Lake
41
Lighthouse Point
10,899
3
Recipient
FY 2008
Po ulation
Margate
55,332
Miramar
110,322
North Lauderdale
41,584
Oakland Park
42,427
Parkland
22,293
Pembroke Park
5,740
Pembroke Pines
151,786
Plantation
84,891
Pompano Beach
101,103
Sea Ranch Lakes
730
Southwest Ranches
7,415
Sunrise
89,669
Tamarac
59,259
Weston
61,629
West Park
13,804
Wilton Manors
12,546
Total Incorporated
1,735,141
Unincorporated Area
18,021
Total county
1,753,162
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 2007 Amendment and the
prior amendments, the parties hereby agree that this document shall control.
4. This 2007 Amendment shall beco
parties hereto provided that those eligiblE
incorporated area population and Broward
prior to June 1, 2007.
me effective on the date last executed by the
municipalities representing a majority of the
County have executed this 2007 Amendment
5. This 2007 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 2007 Amendment is found by a court of competent
jurisdiction to be invalid, the remaining portions shall continue to be effective.
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IN WITNESS WHEREOF, the parties have made and executed this 2007
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
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
o Administrator and Ex-Officio
B .:, f"^ �. t'.�
lerk of the Board of Counter,
VrCk 'Mayor
Commissioners of Broward Cou
Florida".� �',;' �
day of c.�-� , 2007.
Approved as to form by
Ogice of County Attorney
Brbward County, Florida
4FFREY J. NEWTON, County Attorney
Cbvernmental Center, Suite 423
k5 South Andrews Avenue
.Fort
AVj,
Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
B Y
Al A. DiCalvo
Assistant County Attorney
61
2007 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD
COUNTY AND «Municipality» PROVIDING FOR DIVISION AND DISTRIBUTION OF
THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL
OPTION GAS TAX ORDINANCE
WITNESSES:
r�
ATTEST:
By
City Clerk
(CORPORATE SEAL)
AAD:dmv
4/12/2007
GASTAX6_2007.doc«Municipality»
MUNICIPALITY
CITY OF TAMARAC
By
Mayor Beth rlansbaum-Talabisco
day of ✓� , 2007.
Jeffrey L. Miller, City Mariagei�;c
_ day of , 2007.
APPRO D TO FORM:
By S Zz
S S. Goren, City Attorney
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