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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 P 0 E4DTO FORM:Byty