HomeMy WebLinkAboutCity of Tamarac Resolution R-98-1101
Temp. Reso. #8192
March 30, 1998
Page 1
CITY OF TAMARAC
RESOLUTION NO. R-98- (!O
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE THE
FIFTEENTH AMENDMENT TO INTERLOCAL AGREEMENT
BETWEEN BROWARD COUNTY AND CITY OF TAMARAC
PROVIDING FOR DIVISION AND DISTRIBUTION OF THE
PROCEEDS OF THE LOCAL OPTION GAS TAX IMPOSED
BY THE BROWARD COUNTY LOCAL OPTION GAS TAX
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 Fifteenth 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, Interlocal Agreements with municipalities representing a majority of
the incorporated population must be executed by both the Municipality and Broward
Temp. Reso. #8192
March 30, 1998
Page 2
County prior to June 1, 1998; and
WHEREAS, the City Manager and Assistant City Manager/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 to Interlocal Agreement between
Broward County and the City of Tamarac providing for the division and distribution of
the proceeds of the Local Option Gas Tax imposed by the Broward County Local
Option Gas Tax 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 Fifteenth Amendment to Interlocal Agreement between Broward
County and City of Tamarac providing for division and distribution of the proceeds of
the Local Option Gas Tax imposed by the Broward County Local Option Gas Tax
Ordinance (attached hereto as Exhibit A).
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
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Temp. Reso. #8192
March 30, 1998
Page 3
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 ,9d-day of , 1998.
ATTEST:
&,.,e
CAROL G6f D, CMC/AAE
CITY CLERK
I HEREBY CERTIFY that I have
app ved this Resolution as
to or / ', "--
MITeHELL S. KR/
CITY ATTORNE
f
JOE SCHREIBER
MAYOR
RECORD OF COMMI
MAYOR SCHREIBER
DIST 1: COMM. McKAYE
DIST 2: V/M MISHKIN
DIST3--COMM. SULTANC
D q; ROBERTC
EXHIBIT A
FIFTEENTH AMENDMENT
to
INTERLOCAL AGREEMENT
Between
BROWARD COUNTY _
and
CITY OF TAMARAC
Providing for
DIVISION AND DISTRIBUTION OF THE
PROCEEDS OF THE LOCAL OPTION GAS
TAX IMPOSED BY THE BROWARD COUNTY
LOCAL OPTION GAS TAX ORDINANCE
�J
FIFTEENTH AMENDMENT
to
INTERLOCAL AGREEMENT
Between
BROWARD C UNTY
and
CITY QF TAMARAC
Providing for
DIVISION AND DISTRIBUTION OF THE
PROCEEDS OF THE- LOCAL OPTION GAS
TAX IMPOSED BY THE BROWARD COUNTY
LOCAL OPTION GAS TAX ORDINANf E
This is the Fifteenth Amendment to Interlocal Agreement, made and entered into
9
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 "CITY."
WHEREAS, Section 336.025(1)(a), Florida Statutes, authorizes the counties to
extend the levy of the six (6) cent 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 14, 1988, the Board of County Commissioners enacted
Ordinance No. 88-27, effective September 1, 1988, through August 31, 2018, pursuant to
Section 336.025(1)(b), Florida Statutes, extending the levy of the six cent local option gas
tax for thirty years and providing for a method of distribution of the proceeds of the tax; and
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, as set forth in Section 336.025(3)(a)1.,
Florida Statutes; and
WHEREAS, paragraph 4 of the Interlocal Agreement, as amended by the
Addendum to 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, COUNTY and CITY agree as follows:
27. Paragraph 2 of the Interlocal Agreement, as amended by the Addendum thereto
and the Fifteenth Amendment to Interlocal Agreement, is amended to read as
follows:
2. Sixty-one and three-quarters percent (61.75%) of said Local Option Gas Tax
proceeds shall be distributed to the COUNTY, and the remaining thirty-eight
and a quarter percent (38.25%) shall be divided among and distributed to the
eligible municipalities within the COUNTY as follows:
Po ulation of Individual Municipality x 38.25%
Total Incorporated Area Population
Recipients hare of Proceeds
Coconut Creek
1.067295%
Cooper City
0.828921 %
Coral Springs
3.055487%
Dania
0.518907%
Davie
1.835175%
Deerfield Beach
1.466168%
Fort Lauderdale
4.458566%
Hallandale
0.934317%
Hillsboro Beach
0.052283%
Hollywood
3.756329%
Lauderdale- by- the- Sea
0.088622%
Lauderdale Lakes
0.826961 %
Lauderhill
1.490335%
Lazy Lake
0.001069%
Lighthouse Point
0.310816%
Margate
1.481725%
Miramar
North Lauderdale
1,486179%
0.825536%
Oakland Park
0.837234%
-2-
Parkland
Pembroke Park
Pembroke Pines
Plantation
Pompano Beach
Sea Ranch Lakes
Sunrise
Tamarac
Weston
Wilton Manors
Total Incorporated
0.334537%
0.144705%
3.091916%
2.299424%
2.204270%
0.018378%
2.235889%
1.507971 %
0.739556%
0.351430%
38.2500000%
2. The population figures set forth herein are based on the most current edition of
"Florida Estimates of Population, published by the Bureau of Economics and
Business Research, Population Division, University of Florida. In accordance with
the population figures, paragraph 3, of the Interlocal Agreement, as amended by the
Addendum thereto and the Fifteenth Amendment to Interlocal Agreement, is
amended to read as follows:
Recipient
Population
Coconut Creek
35,949
Cooper City
27,920
Coral Springs
102,916
Dania
17,478
Davie
61,813
Deerfield Beach
49,384
Fort Lauderdale
150,175
Hallandale
31,470
Hillsboro Beach
1,761
Hollywood
126,522
Lauderdale -by- the -Sea
2,985
Lauderdale Lakes
27,854
Lauderhill
50,198
Lazy Lake
36
Lighthouse Point
10,469
Margate
49,908
Miramar
50,058
North Lauderdale
27,806
Oakland Park
Parkland
28,200
11,268
Pembroke Park
4,874
-3-
i Pembroke Pines
Plantation
Pompano Beach
Sea Ranch Lakes
Sunrise
Tamarac
Weston
Wilton Manors
Total County
104,143
77,450
74,245
619
75,310
50,792
24,910
11,837
1, 288,350
3. All provisions of the Interlocal Agreement and the Addendum thereto, as amended,
not in conflict with this Fifteenth Amendment shall remain in full force and effect.
4. This Fifteenth Amendment 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 Fifteenth Amendment prior to
T June _1, 1998.
5. This Fifteenth Amendment may be simultaneously 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.
6. CITY is a state agency as defined in -Chapter 768.28, F.S. and agrees to be fully
responsible for acts and omissions of its agents or employees to the extent
permitted by law. Nothing herein is intended to serve as a waiver of sovereign
immunity by any party to which sovereign immunity may be applicable. Nothing
herein shall be construed as consent by a sate agency or political subdivision of the
State of Florida to be sued by third parties in any matter arising out of this
Agreement or any other contract.
7. CITY is a state agency as defined in Chapter 768.28, F.S. and shall maintain liability
protection in accordance with state law.
8. CITY shall comply with all federal, state, and local laws, codes, ordinances, rules
and regulations in performing its duties, responsibilities, and obligations under this
Agreement.
9. In the event a portion of this Agreement is found by a court of competent jurisdiction
0 to be invalid, the remaining portions shall continue to be effective.
ME
•
10. This Agreement shall be interpreted and construed in accordance with and
governed by the laws of the State of Florida. Venue for litigation concerning this
Agreement shall be in Broward County, Florida.
11. No modification, amendment, or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document prepared with the
same or similar formality as this Agreement and executed by the Board of County
Commissioners and CITY. _
42. This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters contained
herein -and the parties agree that there are no commitments, agreements, or
understandings concerning the subject matter of this Agreement that are not
contained in this document Accordingly, the parties agree that no deviation from
the terms hereof shall be predicated upon any prior representations or
agreements, whether oral or written. It is further agreed that no modification,
amendment or alteration in the terms or conditions contained herein shall be
effective unless contained in a written document in accordance with Section 11
above.
IN WITNESS- WHEREOF, the parties have made and executed this Fifteenth
Amendment 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 ,
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
M
County Administrator and Chair
Ex-Officio Clerk of
the Board of County day of 19
Commissioners of Broward
County, Florida
16-9
FIFTEENTH AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD
COUNTY AND CITY OF TAMARAC PROVIDING FOR DIVISION AND DISTRIBUTION OF
THE PROCEEDS OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD
COUNTY LOCAL OPTION GAS TAX ORDINANCE
WITNESSES:
ATT
M*
City CI
Carol d, CMC/AAE
MFB:fcl
3/6/98
GAST
GASTXI5.FRM
-10 #98-087
Approved as to form by
Office of County Attorney
Broward County, Florida
JOHN J. COPELAN, JR., County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
21
Mary Frances Bakke
Assistant County Attorney
CITY
CITY OF TAMARAC
By
�'llayor � Joe Schreiber
22 day of _ AARril_ .,. 1998
City Mn
RO rt. .