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HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-109Temp. Reso. #10426- April 20, 2004 Page 1 Revision #1 — May 4, 2004 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004- jCq 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 FROM THE BROWARD COUNTY FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on ,June 13, 2000, the Broward County Board of County Commissioners enacted Ordinance No. 2000-21 extending the levy of the Fifth Cent Additional Local Option Gas Tax on Motor Fuel for Transit for thirty years and providing for a method of distribution of the proceeds of the 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 Interlocal Agreement is pursuant to Section 336.025(1)(b), Florida Statutes, for transportation expenditures set forth in Section 336.025(7)(a), Florida Statutes; and Temp. Reso. #10426- April 20, 2004 Page 2 Revision #1 — May 4, 2004 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 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 from the Broward County Fifth Cent Additional Local Option Gas Tax on Motor Fuel For Transit. 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 from the Broward County Fifth Cent Additional Local Option Gas Tax on Motor Fuel for Transit (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. 11 1 Temp. Reso. #10426- April 20, 2004 Page 3 Revision #1 — May 4, 2004 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: MARION SWIENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. L� MITCHELL SAO CITY ATTORN / JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TAL DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS .. A►�. F h U R I b' 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, t �QC-Yu,"� 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 Parrish - John E. Rodstrom, Jr. - Jim Scott - Diana Wasserman -Rubin www. broward.org C%j C\O �'z�oy-log 2004 AMENDMENT to INTERLOCAL AGREEMENT between BROWARD COUNTY and TAMARAC providing for DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT 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," UZ A TAMARAC, a municipal corporation, existing under the laws of the state of Florida, hereinafter referred to as "MUNICIPALITY." WHEREAS, Section 336.025(1)(b), Florida Statutes, authorizes the counties to extend the levy of five (5) cents 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 13, 2000, the Board of County Commissioners enacted Ordinance No. 2000-25, effective January 1, 2001, through December 31, 2031, pursuant to Section 336.025(1)(b), Florida Statutes, extending the levy of the fifth -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 said 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 tax among the County and all eligible municipalities within the County; and 1 WHEREAS, paragraph 4 of the Interlocal Agreement, 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 and pursuant to Section 336.025(1)(b), Florida Statutes, for transportation expenditures set forth in Section 336.025(7)(a),Florida Statutes, the COUNTY and MUNICIPALITY agree as follows: Paragraph 2 of the Interlocal Agreement, is hereby amended to read as follows: 2.1 Forty-eight percent (48%) of said proceeds shall be distributed to the COUNTY. The remaining fifty-two percent (52%) shall be distributed to the eligible municipalities in the following manner: 2.1.1 Twenty-six percent (26%) shall be distributed to the eligible municipalities based on population as follows: Population of Individual CITY Total incorporated area Population X 26.0000% C_ ift y Population FY 2005 Percent Share Coconut Creek 47,471 0.763496% Cooper City 28,629 0.460452% Coral Springs 124,162 1.996950% Dania 27,270 0.438595% Davie 79,763 1.282862% Deerfield Beach 64,748 1.041370% Fort Lauderdale 169,168 2.720801 % Hallandale 34,908 0.561440% Hillsboro Beach 2,217 0.035657% Hollywood 142,591 2.293352% Lauderdale -by -the -Sea 6,243 0.100409% Lauderdale Lakes 31,601 0.508252% Lauderhill 57,839 0.930249% Lazy Lake 38 0.000611 % Lighthouse Point 10,836 0.174280% Margate 54,070 0.869631 % Miramar 95,921 1.542738% North Lauderdale * 39,658 0.637837% Oakland Park 31,738 0.510456% Parkland 18,312 0.294520% City Population FY 2005 Percent Share Pembroke Park 6,566 0.105604% Pembroke Pines 148,280 2.384850% Plantation 83,968 1.350493% Pompano Beach 86,334 1.388547% Sea Ranch Lakes 727 0.011693% Southwest Ranches 7,415 0.119259% Sunrise 87,489 1.407123% Tamarac 56,881 0.914841 % Weston 59,314 0.953972% Wilton Manors 12,414 0.199660% Total Incorporated 1,616,571 26.000000% Unincorporated Area 81,854 Total County 1,698,425 * Population was adjusted for annexation effective between 4/1/03 and 4/1/04. The population figures set forth above 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 Economic and Business Research, Population Division, of the University of Florida. The population figures to be utilized in the formula described in this section, for the distribution of the Fifth Cent, shall be adjusted annually based on the current Florida Estimates of Population. 2.1.2 Twenty-six percent (26%) shall be distributed by COUNTY to the Municipalities by grant agreement for Community Shuttle Services. 2. 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. 3. 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. 4. All provisions of the Interlocal Agreement and any prior Amendment, not in conflict with this 2004 Amendment to Interlocal Agreement, shall remain in full force and effect. 3 5. 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. 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 ATTESTV BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS • Count Administrator fficio � , <' By Clerk of the Board ofQuntyf, �, II Commissioners of ft", d QoLihty; ` ` I� Jib'S OR g Florida a ,c y of , 2004. i Y n 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 Telec ier: (954) 357-7641 By 5Ildcq Pamela M. Kane Assistant County Attorney 4 s 2004 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND TAMARAC PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT MUNICIPALITY WITNESSES: TAMARAC By Mayor-Commissi er ATTEST: Municipal Cle (CORPORATE SEAL) PMK 4/2/2004 Sunrise5.docTAMARAC day of , 2004. By6 771- �jv 4 � CG���.c-c.._. u ipal Manager JY— day of , 2004. • • • • • . • •