HomeMy WebLinkAboutCity of Tamarac Resolution (128)Temp. Reso. #9774
May 3, 2002
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2002-128
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE THE
NINETEENTH AMENDMENT TO INTERLOCAL
AGREEMENT BETWEEN BROWARD COUNTY AND CITY
OF TAMARAC PROVIDING FOR DIVISION AND
DISTRIBUTION OF THE PROCEEDS OF THE LOCAL
OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY
LOCAL OPTION GAS TAX 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 Nineteenth 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
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Temp. Reso. #9774
May 3, 2002
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, 2002; and
WHEREAS, the City Manager and the Assistant City Manager/Interim Director of
Finance recommend approval; and
WHEREAS, the City Commission of the City of Tamarad, 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 to Interlocal Agreement between
Broward County and the City of Tamarac providing for the division and distribution of
the proceeds of the Local Option Gas Tax imposed by the Broward County Local
Option Gas Tax 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 tl�is resolution upon
adoption hereof.
SECTION 2: The appropriate City Officials are hereby authori*ed to accept and
execute the attached Nineteenth Amendment to Interlocal Agreement between Broward
County and City of Tamarac providing for division and distribution of the proceeds of
the Local Option Gas Tax imposed by the Broward County Loc�I Option Gas Tax
Ordinance (attached hereto as Exhibit A).
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Temp. Reso. #9774
May 3, 2002
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 22"d day of May, 2002.
ATTEST:
MARION S ENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RtIgLUTION as to form.
MITCHELL S. KRA,F
CITY ATTORNEY
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER W Aye,
DIST 1: VIM. PORTNER Ayg,
DIST 2: COMM. MISHKIN AM—
DIST 3: COMM. SULTANOF_Ayev
DIST 4: COMM. ROBERTS A Pi
NINETEENTH AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD
COUNTY AND CITY OF TAMARAC PROVIDING FOR DIVISION AND DISTRIBUTION
OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL
OPTION GAS TAX ORDINANCE
.•3immr1�
WITNESSES:
ATTEST:
By
City Clerk
(CORPORATE SEAL)
N If AI L Al
By , t -�"{..
r Mayor -Commissioner
4r day of , 2002.
ity Manager
PMK
April 8, 2002
H:\DATA\DIV2\PMK\PMK02\Agree\GasTax Agreements\GasTax19-Tamarac.wpd
02
NINETEENTH AMENDMENT
to
INTERLOCAL AGREEMENT
between
BROWARD COUNTY
and
CITY OF TAMARAC
providing for
DIVISION AND DISTRIBUTION OF THE
PROCEEDS OF THE LOCAL OPTION GAS
TAX IMPOSED BY THE BROWARD COUNTY
LOCAL OPTION GAS TAX ORDINANCE
NINETEENTH AMENDMENT
to
INTERLOCAL AGREEMENT
between
BROWARD COUNTY
and
CITY OF TAMARAC
providing for
DIVISION AND DISTRIBUTION OF THE
PROCEEDS OF THE LOCAL OPTION GAS
TAX IMPOSED BY THE BROWARD COUNTY
LOCAL OPTION GAS TAX ORDINANCE
This is the Nineteenth 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,"
/_\01Ir7
CITY OF TAMARAC, a municipal corporation, existing under the laws of the state
of Florida, hereinafter referred to as "CITY."
WHEREAS, Section 336.025(1)(a), Florida Statutes, authorizes the counties to
extend the levy of the six (6) cent 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 14, 1988, the Board of County Commissioners enacted
Ordinance No. 88-27, effective September 1, 1988, through August 31, 2018, pursuant to
Section 336.025(1)(a), Florida Statutes, extending the levy of the six 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
so
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, as set forth in Section 336.025(3)(a)1,
Florida Statutes; and
WHEREAS, paragraph 4 of the Interlocal Agreement, as amended by the
Addendum to the Interlocal Agreement and the prior eighteen amendments, 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,
INCONSIDERATION of the mutual terms, conditions, promises, covenants and
payments_ hereinafter set forth, COUNTY and CITY agree as follows:
1. Paragraph 2 of the Interlocal Agreement, as amended by the Addendum thereto
and the prior eighteen amendments, is amended to read as follows:
2. Sixty-two and fifty hundredths percent (62.5%) of said Local Option Gas Tax
proceeds shall be distributed to the COUNTY, and the remaining thirty-seven and
fifty hundredths percent (37.5%) shall be divided among and distributed to the
eligible municipalities within the COUNTY as follows:
Population of Individual Municipality x 37.5% _
Total Incorporated Area Population
Recipients FY 2003 Share of Proceeds
Coconut Creek
1.103169%
Cooper City
0.681867%
Coral Springs
2.910429%
Dania Beach
0.665944%
Davie
1.885544%
Deerfield Beach
1,574106%
Fort Lauderdale
3.761030%
Hallandale Beach
0.830969%
Hillsboro Beach
0.052593%
Hollywood
3.403107%
Lauderdale -by -the -Sea
0.143358%
Lauderdale Lakes
0.769312%
Lauderhill
1.401228%
Lazy Lake
0.000824%
Lighthouse Point
0.262456%
IM
1
Margate
1.311941 %
Miramar
1.910144%
North Lauderdale
0.799123%
Oakland Park
0,764489%
Parkland
0,366091 %
Pembroke Park
0.160663%
Pembroke Pines
3.433305%
Plantation
2.022407%
Pompano Beach
2.040681 %
Sea Ranch Lakes
0.015584%
Southwest Ranches
0.174308%
Sunrise
2.100424%
Tamarac
1.358378%
Weston
1.288383%
Wilton Manors
0.308142%
Total Incorporated 37.500000%
2. The population figures set forth herein are based on the most current edition of
Florida Estimates of Polulation, published by the Bureau of Economics and Business
Research, Population Division, University of Florida. In accordance with the population
figures, paragraph 3 of the Interlocal Agreement, as amended by the Addendum thereto
and the prior Eighteen amendments, is amended to read as follows:
Recipient Population
Coconut Creek
43,517
Cooper City
28,134
Coral Springs
120,085
Dania Beach
27,477
Davie
77,798
Deerfield Beach
64,948
Fort Lauderdale
155,181
Hallandale Beach
34,286
Hillsboro Beach
2,170
Hollywood
140,413
Lauderdale -by -the -Sea
5,915
Lauderdale Lakes
31,742
Lauderhill
57,815
Lazy Lake
34
Lighthouse Point
10,829
Margate
54,131
Miramar
78,813
IV-11
North Lauderdale
32,972
Oakland Park
31,543
Parkland
15,105
Pembroke Park
6,629
Pembroke Pines
141,659
Plantation
83,445
Pompano Beach
84,199
Sea Ranch Lakes
643
Southwest Ranches
7,192
Sunrise
86,664
Tamarac
56,047
Weston
53,159
Wilton Manors
12,714
Total 1,547,259
Unincorporated Area 102,666
Total County 1,649,925
3. 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 Nineteenth Amendment and the
Agreement and/or the Addendum to the Agreement and/or First through the Eighteenth
Amendment, the parties hereby agree that this document shall control.
4. This Nineteenth 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 Nineteenth Amendment prior to June 1,
2002.
5, This Nineteenth 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.
6. In the event a portion of this Nineteenth 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 Nineteenth
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 Chair or Vice Chair, authorized to execute same by Board action on the
day of , 20 , and CITY, signing by and through its Mayor -
Commissioner, duly authorized to execute same.
ATTES
Co ntyAdministrator an4 Ex-OfFicio
Clerk of the Board of County
Commissioners of Browrd Lo
Florida gyp
COUNTY
-5-
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By
L i Nance Parrish, Chair
_�ay of f c,ti , 2002.
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
By &4�1
amela M. Kane
Assistant County Attorney
NINETEENTH AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD
COUNTY AND CITY OF TAMARAC PROVIDING FOR DIVISION AND DISTRIBUTION
OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL
OPTION GAS TAX ORDINANCE
CITY
WITNESSES:
EM.Mis"', WEI , I wyuj���
ATTEST:
By i�
City Clerk
(CORPORATE SEAL)
CITY OF TAMARAC
By
Mayor -Commissioner
day of , 2002.
ity Manager
PMK
April 8, 2002
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