HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-110t .0
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Temp. Reso. #10427- April 20, 2004
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Revision #1 — May 5, 2004
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2004-110
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE THE FIRST
AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN
BROWARD COUNTY AND THE CITY OF TAMARAC,
PROVIDING FOR DISTRIBUTION OF THE PROCEEDS
FROM THE BROWARD COUNTY ADDITIONAL ONE -CENT
LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE
EFFECTIVE JANUARY 1, 1999; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on June 2, 1998, the Broward County Board of County
Commissioners enacted Ordinance No. 98-14 effective January 1, 1999, through
December 31, 2004 extending the levy of an additional One -Cent (1) Local Option Gas
Tax on Motor Fuel Ordinance; and
WHEREAS, the County has amended the Ordinance to provide for an extension
of the levy of the tax through December 31, 2029; and
WHEREAS, the City of Tamarac via Resolution No. R-98-246 on September 9,
1998 approved an agreement with Broward County to distribute one hundred percent
(100%) of the proceeds of the Additional One -Cent Local Option Gas Tax on Motor
Fuel to the County (a copy of said agreement is attached hereto as Exhibit A); and
Temp. Reso. #10427- April 20, 2004
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Revision #1 — May 5, 2004
WHEREAS, according to the agreement, the County shall appropriate general
funds in an amount at least equal to the total proceeds received from the One -Cent gas
tax each year for the purpose,of the Homeless Trust Fund; and
WHEREAS, this will be the first amendment to that agreement; 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
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 First Amendment to Interlocal Agreement
between Broward County and the City of Tamarac providing for the distribution of the
proceeds from the Broward County Additional One -Cent Local Option Gas Tax on
Motor Fuel Ordinance effective January 1, 1999.
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 First Amendment to Interlocal Agreement between Broward
County and the City of Tamarac providing for distribution of the proceeds from the
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Temp. Reso. #10427- April 20, 2004
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Revision #1 — May 5, 2004
Broward County Additional One -Cent Local Option Gas Tax on Motor Fuel Ordinance
(attached hereto as Exhibit B).
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 12t' day of May, 2004.
ATTEST:
J.�1�tyJ-�t•ti�
MARION SWENSON, CIVIC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
R OLUTION as to form.
MITCHEI
CITY A
41 Q /
JOE SCHREIBER '
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALAB
DIST 3: VIM SULTANOF
DIST 4: COMM. ROBERTS
F 'L Q, R I 4DA
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 01 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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FIRST AMENDMENT
to
INTERLOCAL AGREEMENT
between
BROWARD COUNTY
and
TAMARAC
providing for
DISTRIBUTION OF THE PROCEEDS FROM
BROWARD COUNTY ADDITIONAL
ONE -CENT LOCAL OPTION GAS
TAX ON MOTOR FUEL ORDINANCE
EFFECTIVE JANUARY 1, 1999
This is the First 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,"
/_1►131
TAMARAC, a municipal corporation, existing under the laws of the state of
Florida, hereinafter referred to as "MUNICIPALITY."
WHEREAS, Section 336.025(1)(b)(2), Florida Statutes, authorizes the counties
to extend the levy of an additional one (1) cent local option gas tax upon every gallon of
motor fuel sold in Broward County; and
WHEREAS, on June 2, 1998, the Board of County Commissioners enacted
Ordinance No. 98-14, effective January 1, 1999, through December 31, 2004, extending
the levy of an additional one (1) cent local option gas tax; and
WHEREAS, the County has amended the Ordinance to provide for an extention
of the levy of the tax through December 31, 2029; and
WHEREAS, the parties to this Interlocal Agreement, wish to amend paragraph 5,
to provide for the extention of the term of the Agreement to reflect the change to the
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ordinance; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants and
payments hereinafter set forth, COUNTY and MUNICIPALITY agree as follows:
1. Paragraph 5 of the Interlocal Agreement, is hereby amended as follows:
5. This Agreement shall be in effect from January 1, 1999 to
December 31, 2094 2029, both inclusive.
2. 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 First Amendment and the
Agreement, the parties hereby agree that this document shall control.
3. This First 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 First Amendment prior to June 1, 2004.
4. This First 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.
5. In the event a portion of this First 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 First
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
Count Administrator an By
Clerk of the Board of Co%t.�pyW�a`"w'"T°>.,f'�,;, KRIST1 ,IACOS �Wp/layor
Commissioners of Brov► r '', unty,
Ca
Florida day of 2004.
Approved as to form by
40ffice 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 _" �14,),4
Pamela M. Kane
Assistant County Attorney
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FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN
COUNTY AND TAMARAC PROVIDING FOR DISTRIBUTION OF THE
FROM BROWARD COUNTY ADDITIONAL ONE -CENT LOCAL OPTION
MOTOR FUEL ORDINANCE EFFECTIVE JANUARY 1, 1999
WITNESSES:
By
Municipal Clerk
(CORPORATE SEAL)
PMK
4/2/2004
Sunrisel.DOCTAMARAC
MUNICIPALITY
BROWARD
PROCEEDS
GAS TAX ON
TAMARAC
By.
(-/Payor-Commissioner
day of 2004.
nicipal Manager
day of , 2004.
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