HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-099Temp. Reso. #10113
April 23, 2003
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2003-99
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 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. 2000-25 extending the levy of the fifth -cent
local option gas tax for thirty years and providing for a method of distribution of the
proceed 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 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 pursuant to Section
336.025(1)(b), Florida Statutes, for transportation expenditures set forth in Section
Temp. Reso. #10113
April 23, 2003
Page 2
336.025(7)(a), Florida Statutes; 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, 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 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 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 Fifth Cent Additional Local Option Gas Tax on Motor Fuel for
Transit (attached hereto as Exhibit A).
1
Temp. Reso. #10113
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 14th day of May, 2003.
JOE SCHREIBER
MAYOR
ATTEST:
RECORD OF COMMISSION VOTE:
MARION S ENSON, CMC MAYOR SCHREIBER
CITY CLERK DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABISCO
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS
Ea -
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
TR #10113
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 FIFTH CENT ADDITIONAL
LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT
2003 AMENDMENT
to
INTERLOCAL AGREEMENT
between
BROWARD COUNTY
and
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
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,"
AND
CITY OF TAMARAC, a municipal corporation, existing under the laws of the state
of Florida, hereinafter referred to as "MUNICIPALITY."
WITNESSETH:
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
-1-
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
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%
CITY
Population
FY 2004 Percent Share
Coconut Creek
46,965
0.769806%
Cooper City
28,464
0,466555%
Coral Springs
122,687
2.010969%
Dania Beach
27,167
0.445296%
Davie
78,696
1.289911 %
Deerfield Beach
64,794
1.062042%
Fort Lauderdale
167,768
2.749895%
Hallandale Beach
34,254
0,561459%
Hillsboro Beach
2,162
0,035437%
Hollywood
141,083
2.312499%
Lauderdale -by -the -Sea
6,220
0.101952%
Lauderdale Lakes
31,708
0.519728%
Lauderhill
57,762
0.946780%
Lazy Lake
34
0.000577%
Lighthouse Point
10,857
0.177958%
Margate
53,965
0.884543%
IPA
Miramar
87,537
1.434824%
North Lauderdale
33,200
0.544183%
Oakland Park
31,715
0.519842%
Parkland
16,256
0.266453%
Pembroke Park
6,581
0.107870%
Pembroke Pines
144,792
2.373294%
Plantation
83,630
1.370784%
Pompano Beach
86,300
1.414548%
Sea Ranch Lakes
643
0.010539%
Southwest Ranches
7,352
0.120507%
Sunrise
86,941
1.425055%
Tamarac
56,444
0.925177%
Weston
57,651
0,944961 %
Wilton Manors
12,603
0.206576%
Total
1,586,231
26.00000%
Unincorporated area
82,922
Total County
1,669,153
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 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.
3. 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.
4. All provisions of the Interlocal Agreement and any prior Amendment, not in conflict
with this 2003 Amendment to Interlocal Agreement, shall remain in full force and effect.
5. 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.
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 Administrator and Ex-Officio
Clerk of the Board of County
Commissioners of Broward County,
Florida
COUNTY
ME
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
:AF
Diana Wasserman -Rubin, 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 FIFTH CENT ADDITIONAL LOCAL
OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT
MUNICIPALITY
WITNESSES:
ATTEST:
A
By
City Clerk
(CORPORATE SEAL)
CITY OF TAMARAC
K
By CL--P
Mayor -Commissioner
/-'5' day of I"(i , 2003.
WlvlafKager
day o , 2003.
APPR AS OR
By
Cit At ornev
PMK
April 14, 2003
H:\DATA\DIV2\PMK\PMK03V\greement\Gas Tax\Tamarac\01.wpd
5�
B
ARD
0;.;" COUNTY
r �
PUBLIC WORKS DEPARTMENT
115 S. Andrews Avenue, Room 514 • Fort Lauderdale, Florida 33301 •954-357-6410 • FAX 954-357-6340
July 14, 2003
Ms. Marion Swenson
City Clerk
7525 NW 88 Avenue
Tamarac, Florida 33321
Re: Interlocal Agreements - Local Option Gas Tax
Dear Ms. Swenson:
1Mj' I . 17 Ali 9: 22
C��yi ,.. 1J�^�/•I
Enclosed please find an original of each of the three interlocal agreements for the
Local Option Gas Tax, fully executed by Broward County.
Thank you for your cooperation, and should you have any questions, please contact
me at (954) 357-6410.
Sincerely,
*k_1
Lisette R. Murado
Executive Assistant
/I rm
Enclosures
Broward County Board of County Commissioners
Josephus Eggelletion, Jr. • San Graber • Sue Gunzburger • Kristin D. Jacobs • Ilene Lieberman - Lori Nance Parrish • John E. Rodstrom, Jr. • James A. Scott • Diana Wasserman -Rubin
www.broward.org
No Text
2003 AMENDMENT
to
INTERLOCAL AGREEMENT
between
BROWARD COUNTY
and
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
No Text
2003 AMENDMENT
to
INTERLOCAL AGREEMENT
between
BROWARD COUNTY
and
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
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,"
CITY OF TAMARAC, a municipal corporation, existing under the laws of the state
of Florida, hereinafter referred to as "MUNICIPALITY."
WITNESSETH:
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
No Text
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
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%
CITY
Coconut Creek
Cooper City
Coral Springs
Dania Beach
Davie
Deerfield Beach
Fort Lauderdale
Hallandale Beach
Hillsboro Beach
Hollywood
Lauderdale -by -the -Sea
Lauderdale Lakes
Lauderhill
Lazy Lake
Lighthouse Point
Margate
Population
46,965
28,464
122,687
27,167
78,696
64,794
167,768
34,254
2,162
141,083
6,220
31,708
57,762
34
10,857
53,965
-2-
FY2004 Percent Share
0.769806%
0.466555%
2.010969%
0.445296%
1.289911 %
1.062042%
2.749895%
0.561459%
0.035437%
2.312499%
0.101952 %
0.519728%
0.946780%
0.000577%
0.177958%
0.884543%
No Text
Miramar
87,537
1.434824%
North Lauderdale
33,200
0.544183%
Oakland Park
31,715
0,519842%
Parkland
16,256
0,266453%
Pembroke Park
6,581
0.107870%
Pembroke Pines
144,792
2.373294%
Plantation
83,630
1,370784%
Pompano Beach
86,300
1,414548%
Sea Ranch Lakes
643
0.010539%
Southwest Ranches
7,352
0.120507%
Sunrise
86,941
1.425055%
Tamarac
56,444
0.925177%
Weston
57,651
0.944961 %
Wilton Manors
12,603
0.206576%
Total
1,586,231
26.00000%
Unincorporated area
82,922
Total County
1,669,153
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 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.
3. 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.
4. All provisions of the Interlocal Agreement and any prior Amendment, not in conflict
with this 2003 Amendment to Interlocal Agreement, shall remain in full force and effect.
-3-
No Text
5. 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.
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
Q_ day of , 2003, and MUNICIPALITY, signing by and through its Mayor -
Commissioner, duly a-u-Thorized to execute same.
ATTEST:
County Administrator and Ex-Officio
Clerk of the Board of County
Commissioners of Broward County,
Florida
tJ)''y.:
COUNTY
BROWARD COUNTY, through its
BOARD F COUNTY MMISSIONERS
By
Mayor
3nloa y of V uI,-A , 2003.
Approved as to form by
Office of County Attorney
Broward County, Florida
m EDWARD A. DION, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Teleco r: (954) 357-7641
By &*I
�J
Pamela M. Kane
Assistant County Attorney
13
No Text
2003 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY
AND 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
MUNICIPALITY
WITNESSES:
ATTEST:
By t, "
City Clerk
(CORPORATE SEAL)
• �u_::
By �,.-� .....
VMayor -Commissioner
day of T"l , 2003.
CdVividylager
day of,1* )2003.
APPR AS/OR
By 5 ��
Cit -At ornev
PMK
April 14, 2003
H:\DATA\DIV2\PMK\PMK03\Hgreement\Gas Tax\Tamarac\01.wpd
-5-
No Text