HomeMy WebLinkAboutCity of Tamarac Resolution (130)Temp. Reso. #9776
May 3, 2002
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2002-130
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 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 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 pursuant to Section
336.025(1)(b), Florida Statutes, for transportation expenditures set forth in Section
Temp. Reso. #9776
May 3, 2002
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, 2002; and
WHEREAS, the City Manager and the Assistant City Ma'pager/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 they proceeds from the
Broward County Fifth -Cent Additional Local Option Gas Tax one 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 atified and confirmed as
being true and correct and are hereby made a specific part of tlhis resolution upon
adoption hereof.
SECTION 2: The appropriate City Officials are hereby authorised to accept and
execute the attached 2002 Amendment to Interlocal Agreemen� between Broward
County and City of Tamarac providing for division and distribution of the proceeds from
I
the Broward County Fifth Cent Additional Local Option Gas Ta* on Motor Fuel fof
a v
Transit (attached hereto as Exhibit A).
I-]
Temp. Reso. #9776
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 SW NSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
haves approved this
S l-&ON as to form.
ITCHELL
CITY ATT
1
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER A ye,
A DIST 1: V/M. PORTNER e,,
DIST 2: COMM. MISHKIN_Aye
DIST 3: COMM. SULTANOF�_
DI§J-4: COMM. ROBERTS—Ave,
F
2002 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
r
2002 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 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,"
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
-1-
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
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:
1. 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
FY2003 Percent Share
Coconut Creek
45,517
0,764864%
Cooper City
28,134
0.472761 %
Coral Springs
120,085
2.017897%
Dania Beach
27,477
0.461721 %
Davie
77,798
1.307311 %
Deerfield Beach
64,948
1,091380%
Fort Lauderdale
155,181
2.607647%
Hallandale Beach
34,286
0.576139%
Hillsboro Beach
2,170
0.036464%
Hollywood
140,413
2.359487%
Lauderdale -by -the -Sea
5,915
0.099395%
Lauderdale Lakes
31,742
0.533390%
-2-
Lauderhill
57,815
Lazy Lake
34
Lighthouse Point
10,829
Margate
54,131
Miramar
78,813
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
0.971518%
0.000571%
0.181970%
0.909612%
1.324367%
0.554058%
0.530046%
0.253823%
0.111393%
2.380425%
1.402202%
1.414872%
0.010805%
0.120854%
1.456294%
0.941809%
0.893279%
0.213645%
26.00000%
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 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.
3. 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
991
MUNICIPALITY elects to terminate this Agreement. The election to terminate this
Agreement based upon this provision shall be made within seven (7) days afterthe finding
by the court becomes final.
4. All provisions of the Interlocal Agreement and any prior Amendment, not in conflict
with this 2002 Amendment to Interlocal Agreement, shall remain in full force and effect.
5. 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.
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.
COUNTY
FIVE- I=I
CcFunty Administrator and Ex-Officio
Clerk of the Board'of County'-
Commissioners of 130ward Co't y y;ya•;�
Florida
13 $ + 2
_ r
e1 �Cr
El
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
J
Nance Parrish, Chair
tA,�- ,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.,
Pamela 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 FIFTH CENT ADDITIONAL LOCAL
OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT
WITNESSES:
ATTEST:
i
By r
City Clerk
MUNICIPALITY
CITY OF TAMARAC
By
ayor-Commissioner
r
dayof , 2002.
�2 / Ity anager
2002.
(CORPORATE SEAL)
AP
By
PMK
April 8, 2002
H:\DATA\DIV2\PMK\PMK02\Agree\GasTax Agreements\GasTax1-Tamarac.wpd