Loading...
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