HomeMy WebLinkAboutCity of Tamarac Resolution R-98-1111
Temp. Reso. #8193
March 30, 1998
Page 1
CITY OF TAMARAC
RESOLUTION NO. R-98- I/t
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE THE
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 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, 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. #8193
March 30, 1998
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 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 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).
J
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1
Temp. Reso. #8193
March 30, 1998
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 _aZ day of , 1998.
ATTEST:
CAROL GQ0, CMC/AAE
CITY ERK
I HEREBY CERTIFY that I have
appro d this Resolution as
to f;rml _
ITCHELL S. KRAFT, CVJVATTORNEY
o�.
OE SCHREIBER
MAYOR
RECORD OF COMMIS 1 N VOTE
MAYOR SCHREIBER
DIST 1:
COMM. Mc;KAYE
DIST 2:
V/M MISHKINAV
DIST 3:
COMM. SULTANOF
DIST 4:
COMM. ROBERTS
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AMENDMENT
to
INTERLOCAL AGREEMENT
Between
BROW D COUNTY
and
-CITY 0 TAMAR C
Providing for
DIVISION AND DISTRIBUTION OF THE
PROCEEDS FROM THE BROWARD COUNTY
ADDITIONAL LOCAL OPTION GAS
TAX N MOTOR FUEL ORDINANCE
EXHIBIT A
AMENDMENT
to
INTERLOCAL AGREEMENT
Between
BROWARD COUNTY
and
-CITY OF TA ARA
Providing for
DIVISION AND DISTRIBUTION OF THE
PROCEEDS FROM THE BROWARD COUNTY
ADDITIONAL LOCAL OPTION GAS
TAX QN—M—QTOR FUEL ORDINANCE
. THIS 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 "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. The CITY is a municipality located within Broward County, Florida, and the CITY
represents that the CITY is eligible to receive a portion of proceeds from the
"Broward County Additional Local Option Gas Tax on Motor Fuel Ordinance," as
that term is defined and imposed by Broward County pursuant to ordinance.
2. Sixty-one and three-quarters percent (61.75%) 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 a quarter percent
(38.25%) of the total proceeds shall be divided among and distributed to the eligible
municipalities within the COUNTY as -follows.,
Population of Individual
Municipality x 38.25% =
Total Incorporated Area
Population
Recipient
Share of Proceeds
Coconut Creek
1.067295%
-
Cooper City
0.828921 %
Coral Springs -
3.055487% -
Dania -
0.518907% Y
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 -
1.486179%
North Lauderdale
0.825536%
Oakland Park
0.837234%
Parkland
0.334537%
-Pembroke Park
0.144705%
Pembroke Pines
3.091916%
Plantation
2.299424%
Pompano Beach
2.204270%
Sea Ranch Lakes
0.018378%
Sunrise
2.235889%
Tamarac
1.507971 %
Weston
0.739556%
Wilton Manors
0,351430%
Total Incorporated
38.2500000%
. -2-
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 3 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
Research, Population Division, University of Florida. 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: -
Recil2ilen Population
Coconut Creek -
35,949
Cooper City
27,920
Coral Springs
102,916
Dania -
Davie
17,478
61,813
Deerfield Beach
49,384
Fort Lauderdale T
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
28,200
Parkland
11,268
Pembroke Park
4,874
Pembroke Pines
104,143
Plantation
77,450
Pompano Beach
74,245
-3-
Sea Ranch Lakes 619
Sunrise 75,310
Tamarac 50,792
Weston 24,910
Wilton Manors _ 11,837
Total $1,288,350
4. This is one of several interlocal agreements between the COUNTY and various
municipalities providing the same terms for the division and distribution of the
proceeds from the Broward County Additional Local Option Gas Tax on Motor Fuel
Ordinance. All such agreements shall be deemed one agreement (the Interlocal
Agreement) for the purposes of paragraph (1)(b)(2) of Section 336.025, Florida
Statutes, and the Interlocal Agreement constitutes an interlocal agreement between
Broward County and municipalities located therein representing a majority of the
incorporated area population within this COUNTY.
5. This Agreement shall be in effect from September 1, 1993, to December 31, 2024,
both inclusive. It shall also govern the division and distribution of proceeds from the
Broward County Additional Local Option Gas Tax on Motor Fuel Ordinance imposed
through December 31, 2024, but not collected or otherwise not available for.
distribution until after December 31, 2024.
6. The COUNTY and the CITY agree that all expenditures of the proceeds from the
Broward County Additional Local Option Gas Tax on Motor Fuel Ordinance, divided
and distributed pursuant to this Interlocal Agreement, shall be utilized only for
transportation expenditures needed to meet the requirements of the capital
improvements element of an adopted comprehensive plan in accordance with the
provisions and requirements of Section 336.025, Florida Statutes.
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.
8. This Agreement may be executed in counterparts and each fully executed
counterpart shall be deemed an original instrument.
9. This Amendment to the 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, 1998.
0
10. In the event COUNTY or CITIES pledge the proceeds of the Broward County
Additional Local Option Gas Tax on Motor Fuel Ordinance for any bond
indebtedness, the amounts distributed to the COUNTY and each CITY in
accordance with the distribution formula contained in paragraph 2 herein shall not
be reduced below the amount necessary for payment of principal and interest and
reserves for principal and interest as required under the covenants of any bond
resolution.
11. CITY shall comply with all federal, state, and local laws, codes, ordinances, rules,
and regulations in performing its duties, responsibilities, and obligations related to
this Agreement.
12. In the event this Agreement or a portion of this 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.
13. 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.
14. 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 and CITY.
15. 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 14 above.
16. CITY is a state agency as defined in Section 768.28, Florida Statutes, 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 state 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.
17. CITY is a state agency as defined by Section 768.28, Florida Statutes, and CITY
shall maintain liability protection in accordance with state law.
18_ This Agreement may be executed in three (3) counterparts, each of which shall be
deemed to be an original_ _
IN WITNESS WHEREOF, the parties have made and executed this Amendment
to the Interlocal Agreement on the respective datQs 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
119 , and CITY, Signing by and through its Mayor -Commissioner, duly
authorized to execute same.
ATTEST:
County Administrator and
Ex-Officio Clerk of
the Board of County
Commissioners of Broward
County, Florida
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS—
LIJ
day of
Chair
19
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
LM
Mary Frances Bakke
Assistant County Attorney
AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND
ITY OF TAMARAC PROVIDING FOR DIVISION AND DISTRIBUTION OF THE
PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL LOCAL OPTION GAS TAX
ON MOTOR FUEL ORDINANCE
- _ WITNESSES:
ATTEST:
M1A
CITY OF TAMARAC
By J
ayor40wnmbKskmw Joe Schreiber
2 day of _April 1 19_2D_.
- \ 1
By
City Clerk City Manager
- Garol Gold, C/AAE Robert S.-Noe, Jr.
22 day of _ April _ 1 19 98
(CORPORATE SEAL)
API fRO D AS O M:
B
City Attorney
Mitchell S. Kraft
MFB:fcl
3/9/98
GASTX.02.FRM
#98-087
is
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