HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-0761
Temp. Reso. #10953
May 1, 2006
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. 111-2006---J(g2
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE THE 2006
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 for the tax proceeds; and
WHEREAS, this will be the 2006 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
Temp. Reso. #10953
May 1, 2006
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, 2006; 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 2006 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).
1
1
I
Temp. Reso. #10953
May 1, 2006
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 day of oj4 2006.
14 t
ATTEST:
-MARION SWEN ON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
s'A MUEL S. REN
CITY ATT NEY
CITY ATT RNEY
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO
DIST 1: V/M PORTNER
DIST 2: COMM ATKINS-GRAD
DIST 3: COMM. SULTANOF
DIST 4: COMM. DRESSLER
Temp. Reso. #10953
Exhibit A
2006 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 2006 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."
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
iI
Temp. Reso. #10953
Exhibit A
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 twenty 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 Municipality x 37.5% _
Total Incorporated Area Population
Recipients FY 2007 Percent
Share of Proceeds
Coconut Creek
1.055138%
Cooper City
0.641049%
Coral Springs
2.799304%
Dania
0.625291 %
Davie
1.827524%
Deerfield Beach
1.640550%
Fort Lauderdale
3.827354%
Hallandale
0.779589%
Hillsboro Beach
0.050247%
Hollywood
3.121870%
Lauderdale -by -the -Sea
0.137033%
Lauderdale Lakes
0.702101 %
Lauderhill
1.407848%
Lazy Lake
0.000742%
Lighthouse Point
0.236457%
Margate
1.200116%
2
Temp. Reso. #10953
Exhibit A
Recipients
FY 2007 Percent
Share of Proceeds
Miramar
2.365811 %
North Lauderdale
0.893288%
Oakland Park
0.926531 %
Parkland
0.438142%
Pembroke Park
0.126119%
Pembroke Pines
3.296926%
Plantation
1.858759%
Pompano Beach
2.220113%
Sea Ranch Lakes
0.015934%
Southwest Ranches
0.162549%
Sunrise
1.958707%
Tamarac
1.281511 %
Weston
1.332391 %
West Park
0.299494%
Wilton Manors
0.271512%
Total Incorporated 37.500000%
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:
Recipients FY 2007
Population
Coconut Creek
48,340
Cooper City
29,369
Coral Springs
128,247
Dania
28,647
Davie
83,726
Deerfield Beach
75,160
Fort Lauderdale
175,346
Hallandale
35,716
Hillsboro Beach
2,302
Hollywood
143,025
M
Temp. Reso. #10953
Exhibit A
Recipients
FY 2007
Population
Lauderdale -by -the -Sea
6,278
Lauderdale Lakes
32,166
Lauderhill
64,499
Lazy Lake
34
Lighthouse Point
10,833
Margate
54,982
Miramar
108,387
North Lauderdale
40,925
Oakland Park
42,448
Parkland
20,073
Pembroke Park
5,778
Pembroke Pines
151,045
Plantation
85,157
Pompano Beach
101,712
Sea Ranch Lakes
730
Southwest Ranches
7,447
Sunrise
89,736
Tamarac
58,711
Weston
61,042
West Park
13,721
Wilton Manors
12,439
Total Incorporated 1,718,021
Unincorporated Area 22,966
Total County 1,740,987
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 2006 Amendment and the
prior amendments, the parties hereby agree that this document shall control.
4. This 2006 Amendment 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 2006 Amendment
prior to June 1, 2006.
4
Temp. Reso. #10953
Exhibit A
5. This 2006 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 2006 Amendment is found by a court of competent
jurisdiction to be invalid, the remaining portions shall continue to be effective.
[INTENTIONALLY LEFT BLANK]
61
Temp. Reso. #10953
Exhibit A
IN WITNESS WHEREOF, the parties have made and executed this 2006
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
County Administrator and Ex-Officio By
Clerk of the Board of County
Commissioners of Broward County,
Florida
[.
Mayor
day of 2006.
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
Telecopier: (954) 357-7641
Maite Azcoitia
Deputy County Attorney
Temp. Reso. #10953
Exhibit A
2006 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD
COUNTY AND C&fi,l ClT MQ_r�C_ PROVIDING FOR DIVISION AND
DISTRIBUTION OF TH LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD
COUNTY LOCAL OPTION GAS TAX ORDINANCE
WITNESSES:
r
ATTEST-
IVCunicipal Clerk
(CORPORATE SEAL)
MA
4/06/2006
GASTAX6-doc6. doc<<Tamarac»
MUNICIPALITY
7
CITY/TOWN OF TAMARAC
By/M
Mayor -Commissioner
day of DO , 2006.
Municipal Manager
day of 2006.
APPROVED AS TO FORM:
By 1 �ti ICAyl"�,01
Muni
BR,,WAR.D
Public Works and Transportation Department
One N. University Drive, Suite 305 • Plantation, Florida 33324.954-357-6410 • FAX 954-357-6340
July 24, 2006
Ms. Marion Swenson, City Clerk
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
Re. Interlocal Agreements - Local Option Gas Tax
Dear Ms, Swenson.
Enclosed please find originals of each of the three interlocal agreements for the Local Option
Gas Tax, fully executed by Broward County.
As usual, your cooperation in this process is greatly appreciated. Should you have any
questions, please contact me at (954) 357-6410.
Sincerely,
Lisette R. Murado
Executive Assistant
3
/Irm ^a
Enclosures
La
C 7 s..rt
Broward County Board of County Commissioners
Josephus Eggelletion, Jr. • Ben Graber • Sue Gunzburger • Kristin D. Jacobs liana Uebe►rran • Jahn E. Rodstrom, Jr. • Jim Scott • Diana Wasserman -Rubin • Lois Wexler
www.broward.org
n
2006 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 2006 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,"
/_1►191
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
1
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 twenty 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 Municipality x 37.5% _
Total Incorporated Area Population
Recipients FY 2007 Percent
Share of Proceeds
Coconut Creek
1,055138%
Cooper City
0.641049%
Coral Springs
2.799304%
Dania
0.625291 %
Davie
1.827524%
Deerfield Beach
1.640550%
Fork Lauderdale
3.827354%
Hallandale
0.779589%
Hillsboro Beach
0.050247%
Hollywood
3.121870%
Lauderdale -by -the -Sea
0.137033%
Lauderdale Lakes
0.702101 %
Lauderhill
1.407848%
Lazy Lake
0.000742%
Lighthouse Point
0.236457%
Margate
1.200116%
VA
Recipients
FY 2007 Percent
Share of Proceeds
Miramar
2.365811 %
North Lauderdale
0.893288%
Oakland Park
0.926531 %
Parkland
0.438142%
Pembroke Park
0,126119%
Pembroke Pines
3.296926%
Plantation
1.858759%
Pompano Beach
2.220113%
Sea Ranch Lakes
0.015934%
Southwest Ranches
0.162549%
Sunrise
1,958707%
Tamarac
1.281511 %
Weston
1.332391 %
West Park
0,299494%
Wilton Manors
0.271512%
Total Incorporated 37.500000%
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:
Recipients FY 2007
Population
Coconut Creek
48,340
Cooper City
29,369
Coral Springs
128,247
Dania
28,647
Davie
83,726
Deerfield Beach
75,160
Fort Lauderdale
175,346
Hallandale
35,716
Hillsboro Beach
2,302
Hollywood
143,025
3
Recipients
FY 2007
Population
Lauderdale -by -the -Sea
6,278
Lauderdale Lakes
32,166
Lauderhill
64,499
Lazy Lake
34
Lighthouse Point
10,833
Margate
54,982
Miramar
108,387
North Lauderdale
40,925
Oakland Park
42,448
Parkland
20,073
Pembroke Park
5,778
Pembroke Pines
151,045
Plantation
85,157
Pompano Beach
101,712
Sea Ranch Lakes
730
Southwest Ranches
7,447
Sunrise
89,736
Tamarac
58,711
Weston
61,042
West Park
13,721
Wilton Manors
12,439
Total Incorporated 1,718,021
Unincorporated Area 22,966
Total County 1,740,987
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 2006 Amendment and the
prior amendments, the parties hereby agree that this document shall control.
4. This 2006 Amendment 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 2006 Amendment
prior to June 1, 2006.
4
5. This 2006 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 2006 Amendment is found by a court of competent
jurisdiction to be invalid, the remaining portions shall continue to be effective.
[INTENTIONALLY LEFT BLANK]
5
IN WITNESS WHEREOF, the parties have made and executed this 2006
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.
y Administrator and Ex-Officio
lerk of the Board of County
Commissioners of Broward Coura .•
Florida
COUNTY
L
BROWARD COUNTY, through its
BOARD OF UNTYp6pmlSSIONERS
By
Mayor
7 iay of y t.�•,�t , 2006,
Approved as to form by
Office of County Attorney
Broward County, Florida
Jeffrey J. Newton, County Attorney
overnmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
By Z,Q (o �u I
Maite Azcoitia
Deputy County Attorney
2006 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD
COUNTY AND PROVIDING FOR DIVISION AND
DISTRIBUTION OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD
COUNTY LOCAL OPTION GAS TAX ORDINANCE
WITNESSES:
ATTEST:
By
Municipal C erk
(CORPORATE SEAL)
MA
4/06/2006
GASTAX6.doc6.doc«Municipality»
MUNICIPALITY
CITY/TOWN OF
r
A/1"I
By
ayor-Commissioner
°A/day of , 2006.
Municipal Manage
—g%ay of '2006.
APPROV AS TO FORM:
B s1dglo 6
icipal Attorney
tl