HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-067Temp. Reso. #11200
May 3, 2007
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. 111-2007-� ?
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
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 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
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. #11200
May 3, 2007
Page 2
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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 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 2007 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. #11200
May 3, 2007
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 this7J-2) day of 1,1?LA-cl 2007.
BETH FLANSBAUM-TALABISCO
MAYOR
ATTEST:
n
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
lla,,e:�'-s
F/APAUPEL S. GOREN
CITY ATTORNEY
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO_
DIST 1: COMM. PORTNER _
DIST 2: COMM. ATKINS-GRAD
DIST 3: VIM SULTANOF
DIST 4: COMM. DRESSLER
2007 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 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,"
/_10191
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-four One -hundredths percent (48.74%) 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-
six One -hundredths percent (51.26%) of the total proceeds shall be divided among and
distributed to the eligible municipalities within the COUNTY as follows:
Population of Individual Municipality x 51.26% _
Total Incorporated Area Population
1
Recipient
FY 2008 Percent
Share of Proceeds
Coconut Creek
1.426892%
Cooper City
0.886061 %
Coral Springs
3.829121 %
Dania
0.843579%
Davie
2.648051 %
Deerfield Beach
2.233484%
Fort Lauderdale
5.194594%
Hallandale
1.058913%
Hillsboro Beach
0.065997%
Hollywood
4.233023%
Lauderdale -by -the -Sea
0.172261 %
Lauderdale Lakes
0,950109%
Lauderhill
1.972714%
Lazy Lake
0.001211 %
Lighthouse Point
0.321981 %
Margate
1.634633%
Miramar
3.259162%
North Lauderdale
1.228486%
Oakland Park
1.253390%
Parkland
0.658586%
Pembroke Park
0.169573%
Pembroke Pines
4.484103%
Plantation
2.507873%
Pompano Beach
2.986812%
Sea Ranch Lakes
0.021566%
Southwest Ranches
0.219056%
Sunrise
2.649026%
Tamarac
1.750645%
Weston
1.820660%
West Park
0.407801 %
Wilton Manors
0.370637%
Total Incorporated
51.260000%
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 2008
Po ulation
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
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
3
Recipient
FY 2008
Population
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. This 2007 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, 2007.
4. In the event this 2007 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.
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 2007 Amendment and the
Agreement and/or any prior Amendment to the Agreement, the parties hereby agree
that this document shall control.
6. This 2007 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 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 ty Administrator and Ex-Officio
erk of the Board of County VCR— Mayor
Commissioners of Broward.,Count,� :•:-��"
Floridaay of �.*� .--......—, 2007.
Apotoved as to form by
Offic* of County Attorney
«f - 6ro4rd County, Florida
)EF�REY J. NEWTON, County Attorney
«W' "Gornmental Center Suite 423
1�16 South Andrews Avenue
Y;,,6,Port Lauderdale, Florida 33301
Telephone- (954) 357-7600
Telecopier: (954) 357-6968
By
Al A. DiCalvo
Assistant County Attorney
2007 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD
COUNTY AND CITY OF «Municipality» PROVIDING FOR DIVISION AND
DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL
LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE
hi�l��►1x•�y�yi
ATTEST -
By
City Clerk-.
(CORPORATE SEAL)
AAD:dmv
4/12/2007
GASTAX3_2007. doc« M u n ici pal i ty»
MUNICIPALITY
CITY OF TAMARAC
By
Mayor Beth Flansbaum-• alabisco
,�13 day of b , 2007.
Jeffrey L. Miller, City. Manager Z
-3 day of2007.
APPROVE ARM:By E2?z 7
✓ u . Goren, City Attorney
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