HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-108Temp. Reso. #10425- April 20, 2004
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2004- l Og
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE THE 2004
AMENDMENT TO AN INTERLOCAL AGREEMENT
BETWEEN BROWARD COUNTY AND THE 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 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, the Amendment to the 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. #10425- April 20, 2004
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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, 2004; and
and
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 Amendment to an Interlocal Agreement
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 2004 Amendment to an Interlocal Agreement between Broward
County and the 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).
SECTION3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
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Temp. Reso. #10425- April 20, 2004
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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 12th day of May, 2004.
ATTEST:
L-a<-�-1 �-
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as.to form.
MITCHELL S�*F
CITY ATTORN
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANS13AUM-TAL
DIST 3: V/M SULTANOF
DIST 4: COMM. ROBERTS
F L Q R I' ICE 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 + Lod Nance Parrish -•;John E. Rodstrom, Jr. • Jim Scott • Diana Wasserman -Rubin
www.broward'.org
CV
ON
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AMENDMENT
to
INTERLOCAL AGREEMENT
between
BROWARD COUNTY
and
TAMARAC
providing for
DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD
COUNTY ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE
This 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,"
".1127FE
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. Fifty-four and Fifty-four One -hundredths percent (54.54%) 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 Forty-five
and Forty-six One -hundredths percent (45.46%) of the total proceeds shall be
divided among and distributed to the eligible municipalities within the COUNTY
as follows:
Population of Individual Municipality x 45.46%
Total Incorporated Area Population
1
Recipient FY 2005 Share of Proceeds
Coconut Creek
1.334944%
Cooper City
0,805083%
Coral Springs
3.491591 %
Dania
0.766867%
Davie
2.243035%
Deerfield Beach
1.820795%
Fort Lauderdale
4.757216%
Hallandale
0.981657%
Hillsboro Beach
0,062345%
Hollywood
4.009837%
Lauderdale -by -the -Sea
0.175561 %
Lauderdale Lakes
0.888660%
Lauderhill
1.626505%
Lazy Lake
0.001069%
Lighthouse Point
0.304722%
Margate
1.520516%
Miramar
2.697419%
North Lauderdale
1.115233%
Oakland Park
0.892512%
Parkland
0.514956%
Pembroke Park
0.184644%
Pembroke Pines
4.169819%
Plantation
2.361285%
Pompano Beach
2.427820%
Sea Ranch Lakes
0.020444%
Southwest Ranches
0.208519%
Sunrise
2.460300%
Tamarac
1.599565%
Weston
1.667984%
Wilton Manors
0.349097%
Total Incorporated 45.460000%
* Population was adjusted for annexation effective between 4/1/03 and 4/1/04.
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
2
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 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
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
3
Recipient Population
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. This 2004 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 have executed this Interlocal
Agreement prior to June 1, 2004.
4. In the event this 2004 Amendment to Interlocal Agreement or a portion of this
2004 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 2004 Amendment and the
Agreement and/or any prior Amendment to the Agreement, the parties hereby agree
that this document shall control.
6. This 2004 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]
4
;T
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:
Counfk Administrator
Clerk of the Board ofoa%
Commissioners of BC8,wu rd # '
Florida`.
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By _
RMSTIN JAMS ayor
X�daay of , 2004.
ki
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 k 5`2,1La.
Pamela M. Kane
Assistant County Attorney
�i
r
2004 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
WITNESSES:
ATTEST:
By
'aj4:� - --%
Municipal C erk
(CORPORATE SEAL)
PMK
02/04/2004
SunriseldocTAMARAC
MUNICIPALITY
TAMARAC
BAM
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yor-Commissioner
day of /F 2004.
MiZicipal Manager
day of ZV&f 2004.
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