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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. 1 1 1 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. .