HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-107Temp. Reso. #10424- April 20, 2004
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Revision #1 — May 4, 2004
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2004- 101
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE THE 2004
AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN
BROWARD COUNTY AND THE 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 2004 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, 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, 2004; and
and
Temp. Reso. #10424- April 20, 2004
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Revision #1 — May 4, 2004
WHEREAS, the City Manager and the Director of Finance recommend approval;
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 2004 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 2004 Amendment to Interlocal Agreement between Broward
County and the 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).
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.
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Temp. Reso. #10424- April 20, 2004
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SECTION 5: This resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 12t" day of May, 2004.
ATTEST:
�a-r-v
MARION SWE SON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
MITCHELL S.
CITY ATTOR
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER a,__.
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABISC
DIST 3: VIM SULTANOF
DIST 4: COMM. ROBERTS
Al
LIN
F L O R' N D A+
Public Works and Transportation Department
115 S. Andrews Avenue, Room 514 • Fort Lauderdale, Florida 33301 -954-357-6410 • FAX 954-357-6340
October 22, 2004
Ms. Marion Swenson, City Clerk
City of Tamarac
7525 NW 88 Avenue
Tamarac, FI 33321
Re: Interlocal Agreements - Local Option Gas Tax
Dear Ms. Swenson:
Enclosed please find an original of each of the four interlocal agreements for the Local Option Gas
Tax, fully executed by Broward County.
I apologize for the delay in getting these back out to you. Thank you for your cooperation, and
should you have any questions, please contact me at (954) 357-6410.
Sincerely,
Lisette R. Murado
Executive Assistant
/Irm
Enclosures
Broward County Board of County Commissioners
Josephus Eggelletion, Jr. • Ben Graber • Sue Gunzburger • Kristin D. Jacobs • Ilene Lieberman • Lori Nance P, amish • John E. Rodstrom, Jr. • Jim Scott • Diana Wasserman -Rubin
www.broward.org
CC
2004 AMENDMENT
to
INTERLOCAL AGREEMENT
between
BROWARD COUNTY
and
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 2004 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
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 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 eighteen amendments, is amended to read as follows:
2. Sixty-two and Five tenths (62.5) percent of said Local Option Gas Tax
proceeds shall be distributed to the COUNTY, and the remaining Thirty-seven
and five tenths (37.5) percent 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 2005 Share of Proceeds
Coconut Creek
1.101197%
Cooper City
0.664114%
Coral Springs
2.880217%
Dania
0 632589%
Davie
1.850282%
Deerfield Beach
1.501975%
Fort Lauderdale
3.924232%
Hallandale
0.809770%
Hillsboro Beach
0.051428%
Hollywood
3.307719%
Lauderdale -by -the -Sea
0.144820%
Lauderdale Lakes
0.733056%
Lauderhill
1.341706%
Lazy Lake
0.000882%
Lighthouse Point
0.251365%
Margate
1.254275%
Miramar
2.225103%
North Lauderdale "
0.919957%
Oakland Park
0.736234%
2
Recipients
FY 2005 Share of Proceeds
Parkland
0.424788%
Pembroke Park
0.152313%
Pembroke Pines
3.439688%
Plantation
1.947827%
Pompano Beach
2.002711 %
Sea Ranch Lakes
0.016864%
Southwest Ranches
0.172008%
Sunrise
2,029504%
Tamarac
1.319483%
Weston
1.375922%
Wilton Manors
0.287971 %
Total Incorporated 37.500000%
* Population was adjusted for annexation effective between 4/1/03 and 4/1/04.
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 Twenty amendments, is amended to read as follows:
Recipients, Population
Coconut Creek
47,471
Cooper City
28,629
Coral Springs
124,162
Dania
27,270
Davie
79,763
Deerfield Beach
64,748
Fort Lauderdale
169,168
Hallandale
34,908
Hillsboro Beach
2,217
Hollywood
142,591
Lauderdale -by -the -Sea
6,243
Lauderdale Lakes
31,601
Lauderhill
57,839
Lazy Lake
38
Lighthouse Point
10,836
Margate
54,070
Miramar
95,921
North Lauderdale *
39,658
3
Recipients Population
Oakland Park
31,738
Parkland
18,312
Pembroke Park
6,566
Pembroke Pines
148,280
Plantation
83,968
Pompano Beach
86,334
Sea Ranch Lakes
727
Southwest Ranches
7,415
Sunrise
87,489
Tamarac
56,881
Weston
59,314
Wilton Manors
12,414
Total Incorporated 1,616,571
Unincorporated Area 81,854
Total County 1,698,425
* Population was adjusted for annexation effective between 4/1/03 and 4/1/04.
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 2004 Amendment and the
Agreement and/or the Addendum to the Agreement and/or First through the Twentieth
Amendment, the parties hereby agree that this document shall control.
4. This 2004 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 have executed this 2004 Amendment prior to June 1,
2004.
5. This 2004 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 2004 Amendment is found by a court of competent
jurisdiction to be invalid, the remaining portions shall continue to be effective.
[INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, the parties have made and executed this 2004
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
Couriibr Administrator ar4d�#io
Clerk of the Board of r,���
Commissioners of g4vax&66t1MQ', I
Florida
M„
R
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
� - Unnayor
a g'd' y of , 2004.
Approved as to form by
Office of County Attorney
Broward County, Florida
EDWARD A. DION, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Teleco 'er: (954) 357-7641
By 51 Z(10, 4
Pamela M. Kane
Assistant County Attorney
61
2004 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD
COUNTY AND TAMARAC PROVIDING FOR DIVISION AND DISTRIBUTION OF THE
LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION
GAS TAX ORDINANCE
WITNESSES:
—m, d ��
ATTEST:
By
Municipal Clerk
(CORPORATE SEAL)
PMK
4/2/2004
Sunrise6.doc6.docTAMARAC
MUNICIPALITY
By
Mayor -Commissioner
day of , 2004.
unicipal Manager
day of , 2004.
A r0V6&)1,A, O .
By f �
Mumc' ipa r ey
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