HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-109Temp. Reso. #10426- April 20, 2004
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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
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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
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.
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Temp. Reso. #10426- 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:
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
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�'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.
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