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Home My WebLink AboutCity of Tamarac Resolution R-2003-098Temp. Reso. #10112 April 23, 2003 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003-98 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE 2003 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; 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 2003 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 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. #10112 April 23, 2003 Page 2 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, 2003; 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 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 attached 2003 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 (attached hereto as Exhibit A). 1 1 n Temp. Reso. #10112 April 23, 2003 Page 3 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 14t" day of May, 2003. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. k-V- JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: DIST 2: DIST 3: DIST 4: COMM. PORTNER COMM. FLANSBAUM-TALABISCO COMM. SULTANOF V/M ROBERTS TR#1Q112 Exhibit A 2003 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 2003 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 This 2003 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," Wl CITY OF TAMARAC, a municipal corporation, existing under the laws of the state of Florida, hereinafter referred to as "MUNICIPALITY." WITNESSETH: 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-five and seven one -hundredths percent (55.07%) 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-four and ninety-three one hundredths percent (44.93%) of the total proceeds shall be divided among and distributed to the eligible municipalities within the COUNTY as follows- -1- Population of Individual Municipality x 44.93% = Total Incorporated Area Population Recipient FY 2004 Share of Proceeds Coconut Creek 1.330284% Cooper City 0.806243% Coral Springs 3.475110% Dania Beach 0.769505% Davie 2.229065% Deerfield Beach 1.835290% Fort Lauderdale 4.752029% Hallandale Beach 0.970245% Hillsboro Beach 0.061239% Hollywood 3.996177% Lauderdale -by -the -Sea 0.176181 % Lauderdale Lakes 0.898129% Lauderhill 1.636109% Lazy Lake 0.000963% Lighthouse Point 0.307525% Margate 1.528559% Miramar 2.479486% North Lauderdale 0.940390% Oakland Park 0.898327% Parkland 0.460451 % Pembroke Park 0.186407% Pembroke Pines 4.101234% Plantation 2.368820% Pompano Beach 2,444448% Sea Ranch Lakes 0.018213% Southwest Ranches 0.208245% Sunrise 2,462604% Tamarac 1.598777% Weston 1.632965% Wilton Manors 0.356980% Total Incorporated 44.930000% 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 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 WA 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: Reci ient Population Coconut Creek 46,965 Cooper City 28,464 Coral Springs 122,687 Dania Beach 27,167 Davie 78,696 Deerfield Beach 64,794 Fort Lauderdale 167,768 Hallandale Beach 34,254 Hillsboro Beach 2,162 Hollywood 141,083 Lauderdale -by -the -Sea 6,220 Lauderdale Lakes 31,708 Lauderhill 57,762 Lazy Lake 34 Lighthouse Point 10,857 Margate 53,965 Miramar 87,537 North Lauderdale 33,200 Oakland Park 31,715 Parkland 16,256 Pembroke Park 6,581 Pembroke Pines 144,792 Plantation 83,630 Pompano Beach 86,300 Sea Ranch Lakes 643 Southwest Ranches 7,352 Sunrise 86,941 Tamarac 56,444 Weston 57,651 Wilton Manors 12,603 Total 1,586,231 Unincorporated area 82,922 Total County 1,669,153 -3- 3. This 2003 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, 2003. 4. In the event this 2003 Amendment to Interlocal Agreement or a portion of this 2003 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 2003 Amendment and the Agreement and/or any prior Amendment to the Agreement, the parties hereby agree that this document shall control. 6. This 2003 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. THIS SPACE INTENTIONALLY LEFT BLANK. 51 IN WITNESS WHEREOF, the parties have made and executed this 2003 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 on the day of , 2003, and MUNICIPALITY, signing by and through its Mayor - Commissioner, duly authorized to execute same. ATTEST: COUNTY BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and Ex-Officio By Clerk of the Board of County Commissioners of Broward County, Florida .— &I Mayor day of , 2003. 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 Telecopier: (954) 357-7641 0 Pamela M. Kane Assistant County Attorney 2003 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 MUNICIPALITY WITNESSES: f ATTEST: By City Clerk (CORPORATE SEAL) CITY OF TAMARAC B Y Mayor -Commissioner 1 day of , 2003. IF y anager P day of AM 4 12003. PMK April 14, 2003 H:\DATA\DIV2\PMK\PMK03\Agreement\Gas Tax\Tamarac\03.wpd ®+ 2003 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 2003 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 This 2003 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►19] CITY OF TAMARAC, a municipal corporation, existing under the laws of the state of Florida, hereinafter referred to as "MUNICIPALITY." WITNESSETH: 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-five and seven one -hundredths percent (55.07%) 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-four and ninety-three one hundredths percent (44.93%) of the total proceeds shall be divided among and distributed to the eligible municipalities within the COUNTY as follows- -1- Population of Individual Municipality x 44.93% Total Incorporated Area Population Recipient FY 2004 Share of Procee Coconut Creek 1.330284% Cooper City 0.806243% Coral Springs 3.475110% Dania Beach 0.769505% Davie 2.229065% Deerfield Beach 1.835290% Fort Lauderdale 4.752029% Hallandale Beach 0.970245% Hillsboro Beach 0.061239% Hollywood 3.996177% Lauderdale -by -the -Sea 0.176181 % Lauderdale Lakes 0.898129% Lauderhill 1.636109% Lazy Lake 0.000963% Lighthouse Point 0,307525% Margate 1.528559% Miramar 2.479486% North Lauderdale 0.940390% Oakland Park 0.898327% Parkland 0.460451 % Pembroke Park 0.186407% Pembroke Pines 4.101234% Plantation 2.368820% Pompano Beach 2.444448% Sea Ranch Lakes 0.018213% Southwest Ranches 0.208245% Sunrise 2.462604% Tamarac 1.598777% Weston 1.632965% Wilton Manors 0.356980% Total Incorporated 44.930000% 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 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 -2- 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 46,965 Cooper City 28,464 Coral Springs 122,687 Dania Beach 27,167 Davie 78,696 Deerfield Beach 64,794 Fort Lauderdale 167,768 Hallandale Beach 34,254 Hillsboro Beach 2,162 Hollywood 141,083 Lauderdale -by -the -Sea 6,220 Lauderdale Lakes 31,708 Lauderhill 57,762 Lazy Lake 34 Lighthouse Point 10,857 Margate 53,965 Miramar 87,537 North Lauderdale 33,200 Oakland Park 31,715 Parkland 16,256 Pembroke Park 6,581 Pembroke Pines 144,792 Plantation 83,630 Pompano Beach 86,300 Sea Ranch Lakes 643 Southwest Ranches 7,352 Sunrise 86,941 Tamarac 56,444 Weston 57,651 Wilton Manors 12,603 Total 1,586,231 Unincorporated area 82,922 Total County 1,669,153 -3- 3. This 2003 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, 2003. 4. In the event this 2003 Amendment to Interlocal Agreement or a portion of this 2003 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 2003 Amendment and the Agreement and/or any prior Amendment to the Agreement, the parties hereby agree that this document shall control. 6. This 2003 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. THIS SPACE INTENTIONALLY LEFT BLANK. lie IN WITNESS WHEREOF, the parties have made and executed this 2003 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 on the day of n , 2003, and MUNICIPALITY, signing by and through its Mayor - Commissioner, d ly aut o ized to execute same. ATTEST: County Administrator and Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida COUNTY BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS B �/- Mayor 34'*'9day of wr-� , 2003. Approved as to form by �SY.,. Office of County Attorney �,'�-': Broward County, Florida EDWARD A. DION, County Attorney i OCT. { S� Governmental Center, Suite 423 °= 115 South Andrews Avenue Fort Lauderdale, . Florida 33301 el ,.' Telephone: (954) 357-7600 Telecouier: (954) 357-7641 ByAIAA Pamela M. Kane Assistant County Attorney -5- 2003 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 MUNICIPALITY WITNESSES: ATTEST: City Clerk (CORPORATE SEAL) CITY OF TAMARAC BL�r Y Mayor -Commissioner / day of '2003. �yanager day of...., ,AIA q , 2003. 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