HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-0781
Temp. Reso. #10955
May 1, 2006
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2006--j-&
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
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 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
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. #10955
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 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 2006 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
Temp. Reso. #10955
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 11 day of MOW 2006.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
v W /" s 'f f
AMUEt S. EN
CITY ATTO NEY
BETH LANSBA U �MJA NIB I S C
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. #10955
Exhibit A
2006 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 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,"
UIR
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-nine and Fifty-one One -hundredths percent (49.51 %) 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 and Forty-nine One -
hundredths percent (50.49%) of the total proceeds shall be divided among and
distributed to the eligible municipalities within the COUNTY as follows:
Population of Individual Municipality x 50.49% _
Total Incorporated Area Population
1
Temp. Reso. #10955
Exhibit A
Recipient FY 2007 Percent
Share of Proceeds
Coconut Creek
1.420638%
Cooper City
0.863110%
Coral Springs
3.768982%
Dania
0.841891 %
Davie
2.460579%
Deerfield Beach
2,208837%
Fort Lauderdale
5,153150%
Hallandale
1.049638%
Hillsboro Beach
0.067652%
Hollywood
4.203285%
Lauderdale -by -the -Sea
0.184501 %
Lauderdale Lakes
0.945309%
Lauderhill
1.895527%
Lazy Lake
0.000999%
Lighthouse Point
0.318365%
Margate
1.615837%
Miramar
3.185328%
North Lauderdale
1,202723%
Oakland Park
1.247482%
Parkland
0.589915%
Pembroke Park
0.169807%
Pembroke Pines
4.438981 %
Plantation
2.502634%
Pompano Beach
2.989160%
Sea Ranch Lakes
0.021454%
Southwest Ranches
0,218856%
Sunrise
2.637203%
Tamarac
1,725426%
Weston
1.793931 %
West Park
0.403239%
Wilton Manors
0.365563%
Total Incorporated 50.490000%
2
Temp, Reso. #10955
Exhibit A
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 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
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
3
Temp. Reso. #10955
Exhibit A
Recipient
FY 2007
Population
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. This 2006 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, 2006.
4. In the event this 2006 Amendment to Interlocal Agreement or a portion of this
2006 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 2006 Amendment and the
Agreement and/or any prior Amendment to the Agreement, the parties hereby agree
that this document shall control.
6. This 2006 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.
[INTENTIONALLY LEFT BLANK]
51
Temp. Reso. #10955
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
I.W
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. #10955
Exhibit A
2006 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD
COUNTY AND CITY OFGYY�C��C�Ca _._ PROVIDING FOR DIVISION
AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY
ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE
WITNESSES:
�;'•���_��,.-.tom.. c�._'�"-taste.
ATTEST:
BY
- I�irnicipal lerk
(CORPORATE SEAL)
MA
4/06/2006
GASTAX3.doc«Tamarac»
MUNICIPALITY
C.1
CITY OWN OF TA ARAC
By
Mayor -Commissioner
day of , 2006.
unicipal Manager
day of , 2006.
APPROV AS TO FORM:
By AWO
unici al 011e
y
■
F L O R 1 ❑ A
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. 88 h 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,
�---y,
Lisette R. Murado
Executive Assistant
,
-:3
/Irm
Enclosures
(Jv
Broward County Board of County Commissioners
Josephus Eggolletion, Jr. • Ben Graber • Sue Gunzburger • Kristin D. Jacobs * NOW Unberrnran • John E. Roddrom, Jr. • Jim Scott • Diana Wasserman -Rubin • Lois We)der
www.broward.org
t
2006 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 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,"
014LO
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-nine and Fifty-one One -hundredths percent (49.51 %) 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 and Forty-nine One -
hundredths percent (50.49%) of the total proceeds shall be divided among and
distributed to the eligible municipalities within the COUNTY as follows:
Population of Individual Municipality x 50.49% _
Total Incorporated Area Population
1
r
Recipient FY 2007 Percent
Share of Proceeds
Coconut Creek
1.420638%
Cooper City
0.863110%
Coral Springs
3,768982%
Dania
0.841891 %
Davie
2.460579%
Deerfield Beach
2.208837%
Fort Lauderdale
5.153150%
Hallandale
1.049638%
Hillsboro Beach
0.067652%
Hollywood
4.203285%
Lauderdale -by -the -Sea
0.184501 %
Lauderdale Lakes
0.945309%
Lauderhill
1.895527%
Lazy Lake
0.000999%
Lighthouse Point
0.318365%
Margate
1.615837%
Miramar
3.185328%
North Lauderdale
1.202723%
Oakland Park
1.247482%
Parkland
0.589915%
Pembroke Park
0,169807%
Pembroke Pines
4.438981 %
Plantation
2.502634%
Pompano Beach
2.989160%
Sea Ranch Lakes
0.021454%
Southwest Ranches
0.218856%
Sunrise
2.637203%
Tamarac
1.725426%
Weston
1.793931 %
West Park
0.403239%
Wilton Manors
0.365563%
Total Incorporated 50.490000%
E
J
t
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 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
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
3
A
Recipient
FY 2007
Population
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
I This 2006 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, 2006,
4. In the event this 2006 Amendment to Interlocal Agreement or a portion of this
2006 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 2006 Amendment and the
Agreement and/or any prior Amendment to the Agreement, the parties hereby agree
that this document shall control.
6. This 2006 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.
[INTENTIONALLY LEFT BLANK]
E
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.
COUNTY
ATTEST:
dministrator and Ex-Offio+Q,,.
lerk of the Board of County
Commissioners of Browarwr^h
Florida
BROWARD COUNTY, through its
BOARD OF OUNTY ISSIONERS
By
Mayor
"day of 2006.
Approved as to form by
�• '!Oice of County Attorney
Btoward 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
By 4� , L�F 4L2,1.(.
Maite Azcoitia
Deputy County Attorney
61
2006 AMENDMENT TO INT LOCAL AGREEMENT BETWEEN BROWARD
COUNTY AND CITY OF PROVIDING FOR DIVISION
AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY
ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE
WITNESSES:
i
ATTEST:
By.
Municipal Clerk
(CORPORATE SEAL)
MA
4/06/2006
GASTAX3.doc« Municipality))
MUNICIPALITY
1.1
CITY/TOWN OF
a
Mayor -Commissioner
o,rTday of , 2006.
.--� /"7w�.,.r
Municipal Manager
day of , 2006.
APPROVED AS TO FORM:
B.
M nicipal Attorney