HomeMy WebLinkAboutCity of Tamarac Resolution R-99-112i�
Temp. Reso. #8610
April 28, 1999
Page 1
CITY OF TAMARAC
RESOLUTION NO. R-99- //,;I,
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE THE 1999
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 1999 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
Temp. Reso. #861 p
April 28, 1999
Page 2
Local Option Gas Taxes from the original six cents to a maximum of eleven cents; 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 2, 1999; and
WHEREAS, the City Manager and 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 Broward County and City
of Tamarac providing for the division and distribution of the proceeds from the Broward
County additional Local Option Gas Tax on Motor Fuel 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 this resolution upon
adoption hereof.
SECTION 2: The appropriate City Officials are hereby authorized to accept and
execute the attached 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).
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby
Temp. Reso. #8610
April 28, 1999
Page 3
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 this1� day of , 1999.
1
ATTEST:
CAROL GOLD/WC/AAE
CITY COK
EEBY CERTIFY thay
p rved tResolutio
to o .,
MITCHELL S. KRAFIT/. CITY ATTORNEY
1
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION
MAYOR SCHREIBER
DIST 1 : COMM. PD R 1
DIST 2: V/M MISHKIN��
DIST 3: COMM. SULTANOF
DIST 4: COMM. ROBERTS
f
•
0
1999 AMENDMENT
to
INTERLOCAL AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARA
Providing for
DIVISION AND DISTRIBUTION OF THE
PROCEEDS FROM THE BROWARD COUNTY
ADDITIONAL LOCAL OPTION GAS
TAX ON MOTOR FUEL ORDINANCE
C]
1999 AMENDMENT
to
INTERLOCAL AGREEMENT
Between
RRQWARD COUNTY
and
QITY OF TAMARAC
Providing for
DIVISION AND DISTRIBUTION OF THE
PROCEEDS FROM THE BROWARD COUNTY
ADDITIONAL LOCAL OPTION GAS
TAX ON MOTOR FUEL ORDINANCE
THIS 1999 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 "CITY."
WITNESSETH:
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 CITY agree as follows-
1. Paragraph 2 of the Interlocal Agreement, as previously amended, is hereby
amended to read as follows:
2. Sixty-one and fifty-eight hundredths percent (61.58%) 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 thirty-eight and forty-two hundredths percent (38.42%) of
the total proceeds shall
be divided among and distributed to the
•
eligible municipalities within the COUNTY as follows:
Population of Individual Municipality x 38.42% _
Total Incorporated
Area Population
Recipient
Share of Proceeds
Coconut Creek
1.094897%
Cooper City
0.814211 %
Coral Springs
3.098502%
Dania
0.511954%
Davie
1.814120%
Deerfield Beach
1.451949%
Fort Lauderdale
4.331530%
Hallandale
0.908332%
Hillsboro Beach
0.050979%
Hollywood
3.669908%
Lauderdale- by- the- Sea
0.109764%
Lauderdale Lakes
0,805739%
Lauderhill
1.449578%
Lazy Lake
0.001012%
Lighthouse Point
0.302402%
Margate
1.454899%
Miramar
1.529126%
North Lauderdale
0.840207%
Oakland Park
0.812158%
Parkland
0.349072%
Pembroke Park
0.138478%
Pembroke Pines
3.258580%
Plantation
2.282961 %
Pompano Beach
2,146941 %
Sea Ranch Lakes
0.017812%
Sunrise
2.227240% "
Tamarac
1.488817%
Weston
1.116439%
Wilton Manors
0,342392%
Total Incorporated
38.420000%
• 2. Paragraph 2 of the Interlocal Agreement, as previously amended, is hereby
amended to read:
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."
Such annual adjustment shall be determined as of September 1 of
each year during which this Interlocal Agreement is in effect.
For the purpose of this Agreement, the following population figures are
hereby agreed upon:
Recipient
Coconut Creek
Cooper City
Coral Springs
Dania
Davie
Deerfield Beach
Fort Lauderdale
Hallandale
Hillsboro Beach
Hollywood
Lauderdale -by- the -Sea
Lauderdale Lakes
Lauderhill
Lazy Lake
Lighthouse Point
Margate
Miramar
North Lauderdale
Oakland Park
Parkland
Pembroke Park
0-3-
Population
37,865
28,158
107,156
17,705
62,738
50,213
149,798
31,413
1,763
126,917
3,796
27,865
50,1731
35
10,458
50,315
52,882
29,057
28,087
12,072
4,789
• Pembroke Pines
112,692
Plantation
78,952
Pompano Beach
74,248
Sea Ranch Lakes
616
Sunrise
77,025
Tamarac
51,488
Weston
38,610
Wilton Manors
11.841
Total 1,328, 685
3. Section 7 of the Interlocal Agreement is hereby amended as follows:
7. References herein to Section 336.025, Florida Statutes, are
referenced to that section as created by Section 40 of Chapter 93-
206, Laws of Florida, as amended from time to time.
4. This 1999 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, 1999.
5. In the event this 1999 Amendment to Interlocal Agreement or a portion of this 1999
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 CITY 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.
6. All provisions of the Interlocal Agreement as previously amended, not in conflict with
this 1999 Amendment to Interlocal Agreement, shall remain in full force and effect.
7. This 1999 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.
- REMAINDER OF PAGE INTENTIONALLY LEFT BLANK -
•
IN WITNESS WHEREOF, the parties have made and executed this 1999
Amendment to the Interlocal Agreement on the respective dates under each signature:
BROWAR❑ 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 , 19 , and CITY, signing by and through its Mayor -
Commissioner, duly authorized to execute same.
ATTEST:
COUNTY
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
County Administrator and By
Ex-Officio Clerk of
the Board of County
Commissioners of Broward
County, Florida
-5-
Chair
day of 119
Approved as to form by
Office of County Attorney
Broward County, Florida
NOEL M. PFEFFER, Interim County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
REBECCA L. KAY
Assistant County Attorney
•
0
1999 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:
CITY
rAa
onImeM r-11u M : 191
By
ayor-Commissioner
day of MtLA4 19ql
. I
ATTEST:
By
City Clerk City Manager
(CORPORATE SEAL)
RLK:sc
3/31 /99
gasbc02.frm
#99-087
Iq
day of 119
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