Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution (129)Temp. Reso. #9775 May 3, 2002 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-129 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE 2002 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 2002 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. #9775 May 3, 2002 Page 2 WHEREAS, Interlocal Agreements with municipalities r presenting 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 M nager/Interim Director of Finance recommend approval; and 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 froward County and the City of Tamarac providing for the division and distribution of thez proceeds from the Broward County Additional Local Option Gas Tax on Motor FuE I Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THEi CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby �atified and confirmed as being true and correct and are hereby made a specific part of this resolution upon I adoption hereof. SECTION 2: The appropriate City Officials are hereby authorijed to accept and execute the attached 2002 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). I , I f] 1 Temp. Reso. #9775 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: 6-1 __J MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. ITCHELL S.,CRCJ CITY ATTORNEY JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER _Aye% DIST 1: V/M. PORTNER A e, DIST 2: COMM. MISHKIN_Aye, DIST 3: COMM. SULTANOF_Aye� DIST 4: COMM. ROBERTS A ev 2002 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 2002 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 2002 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," &KIND CITY OF TAMARAC, a municipal corporation, existing under the laws of the state of Florida, hereinafter referred to as "MUNICIPALITY." WIT NESSETH: 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-six and thirteen one -hundredths percent (56.13%) 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-three and Eighty-seven -1- one hundredths percent (43.87%) of the total proceeds shall be divided among and distributed to the eligible municipalities within the COUNTY as follows: Population of Individual Municipality x 43.87% _ Total Incorporated Area Population Recipient FY 2002 Share of Proceeds Coconut Creek 1.290560% Cooper City 0.797694% Coral Springs 3.404814% Dania Beach 0.779065% Davie 2.205835% Deerfield Beach 1.841494% Fort Lauderdale 4.399904% Hallandale Beach 0.972123% Hillsboro Beach 0.061527% Hollywood 3.981181 % Lauderdale- by- the- Sea 0.167710% Lauderdale Lakes 0.899993% Lauderhill 1.639250% Lazy Lake 0.000964% Lighthouse Point 0.307039% Margate 1.534796% Miramar 2.234614% North Lauderdale 0.934867% Oakland Park 0.894350% Parkland 0.428278% Pembroke Park 0.187954% Pembroke Pines 4.016509% Plantation 2.365947% Pompano Beach 2.387325% Sea Ranch Lakes 0.018231 % Southwest Ranches 0.203917% Sunrise 2.457216% Tamarac 1.589121 % Weston 1.507237% Wilton Manors 0.360485% Total Incorporated 43.87% 2. Paragraph 3 of the Interlocal Agreement, as previously amended, is hereby amended to read- -2- 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 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: Reciplent 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 Miramar North Lauderdale Oakland Park Parkland Pembroke Park Pembroke Pines Plantation Pompano Beach Sea Ranch Lakes Southwest Ranches Sunrise Tamarac Weston 592 Population 45,517 28,134 120,085 27,477 77,798 64,948 155,181 34,286 2,170 140,413 5,915 31,742 57,815 34 10,829 54,131 78,813 32,972 31,543 15,105 6,629 141,659 83,445 84,199 643 7,192 86,664 56,047 53,159 Wilton Manors 12.714 Total 1,547,259 Unincorporated Area Total County 102,666 1,649,925 3. This 2002 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, 2002. 4. In the event this 2002 Amendment to Interlocal Agreement or a portion of this 2002 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 2002 Amendment and the Agreement and/or any prior Amendment to the Agreement, the parties hereby agree that this document shall control. 6. This 2002 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. [INTENTIONALLY LEFT BLANK] -4- IN WITNESS WHEREOF, the parties have made and executed this 2002 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 , 2002, and MUNICIPALITY, signing by and through its Mayor - Commissioner, duly authorized to execute same. ATTES Co tyAdministrator and x-Officio Clerk of the Board of County Commissioners of BrowardpC"r4ty+, Florida "`! �"d85G81RdAgix-9uA6:6•••.• 'A0111: i iTJ &I BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS a v gance Parrish, Chair < `"-day of f uA-� , 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 i By amela M. Kane Assistant County Attorney 2002 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 WITNESSES: ATTEST: By City Clerk (CORPORATE SEAL) MUNICIPALITY CITY OF TAMARAC By Mayor -Commissioner day of , 2002. anager day of , 2002. PMK April 8, 2002 H:\DATA\DIV2\PMK\PMK02\Hgree\GasTax Agreements\GasTax3-Tamarac.wpd In