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Home My WebLink AboutCity of Tamarac Resolution R-96-0711 Temp. Reso. #7371 CITY OF TAMARAC, FLORIDA RESOLUTION NO, R-96- 71 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE THIRTEENTH 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 Thirteenth 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 County prior to June 1, 1996; 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 Thirteenth Amendment to Interlocal Agreement with Broward County 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. Temp. Reso. #7371 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. CIO 2: The appropriate City officials are hereby authorized to accept and execute the attached Thirteenth 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. 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 10 day of Ap-11 ,1996 17 NORMAN ABRAMOWITZ MAYOR A ES Carol A. Evans ---- City Clerk I HEREBY CERTIFY THAT I HAVE APPROVED ,THE RESOLUTION AS TO F RM. RECVRDOF=JNClLvaTE U� < MAYOR A W I 2= Mitchell S. Kraft, Cit tt rney DISTRICT t: C.0Ak. H DISTRICT 2• DISTRICT 3: S DISTRICT 4: r ^'..� I ,, " H E Imo_ ,�� EXHIBIT A • 0 THIRTEENTH AMENDMENT to INTERLOCAL AGREEMENT Between BROWARD COW -TX and CITY OF TAMARAC Providing for DIVISION AND DISTRIBUTION OF THE PROCEEDS OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL-DPTION GAS TM ORDINANCE THIRTEENTH AMENDMENT 0 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 This is the Thirteenth 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," 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)(b), 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)l., 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: 1. Paragraph 2 of the Interlocal Agreement, as amended by the Addendum thereto and the Twelfth Amendment to Interlocal Agreement, is amended to read as follows: 2. Sixty-two and one-half percent (62.5%) of said Local Option Gas Tax proceeds shall be distributed to the COUNTY, and the remaining thirty-seven and one-half percent (37.5%) shall be divided among and distributed to the eligible municipalities within the COUNTY as follows: Population Qf Individual Municipality x 37.5% Total Incorporated Area Population Share of Proceeds 1994 1995 Coconut Creek 1193;989% 1.038146% Cooper City G.845367% 0.851897% Coral Springs 2.865637% 2.905336% Dania 036995 0.534837% Davie 1.6892 1.698041% Deerfield Beach 5 11299% 1.504703% Fort Lauderdale 4.648182% Hallandale ^ 99020.979100% Hillsboro Beach 0.054662% Hollywood 9326&74 3.897308% Lauderdale -by --the Sea ^ 0946194 0.093373% -2- �e- i� - 71 Lauderdale Lakes G287829440.865796% Lauderhill 1.569891 1.555354% Lazy Lake 9.99i2654 0.001244% Lighthouse Point 9.32972 0.324024% Margate 1-s�4698314 1.470065% Miramar 3;8592 1.380920% North Lauderdale 85204^Q 0.846891% Oakland Park OX88839 0.873569% Parkland 0.25i52- 0.264014% Pembroke Park „-,$ 0.152700% 031667 Pembroke Pines ^ 5742^,! 2.734602% Plantation 2.3232654 2.337726% Pompano Beach 2.3321 2.299356% Sea Ranch Lakes ^-G i948 % 0.019091% Sunrise 2v99985 2.283996% Tamarac logg;2544 1.516052% Wilton Manors G-3;458 0.369016% TOTAL 37 9^^^ 37.500001% 2. 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, paragraph 3, of the Interlocal Agreement, as amended by the Addendum thereto and the Amendment to Interlocal Agreement, is amended to read as follows: -3- �-�16-�7/ • I 0 I 0 Reci ip ent 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 Pembroke Pines Plantation Pompano Beach -4- PoRulation 1994 1995 32,81i 33,388 261 q2-3 27,398 90,586 93,439 1:;,9r0 17,201 53,499 54,611 fir= 48,393 149,491 33., -3 9_ 31,489 31;169 1,758 3:-2-41 125,342 2199-1 3,003 2:;,;161 270845 49,626 50,022 49 40 9:07429 10,421 I6�Z 47,279 4-3,9;19 44,412 26,934 27,237 28,983 28,095 ;1, 951: 8,491 4195,4 4,911 81,374 87,948 } 75,184 ' a,:722 73,950 ,SSG-"7 / Sea Ranch Lakes 616 614 Sunrise 73;9 7 73,456 Tamarac 47,646 48,758 Wilton Manors 14,$4+ 11,868 Unincorporated 154,8-04 158,124 Total County 1,34G,229 1,364,168 3. All provisions of the Interlocal Agreement and the Addendum thereto, as amended, not in conflict with this Thirteenth Amendment shall remain in full force and effect. 4. This Thirteenth 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 Thirteenth Amendment prior to June 1, 1996. 5. This Thirteenth 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. IN WITNESS WHEREOF, the parties have made and executed this Thirteenth 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. 9 TY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and By Ex-Officio Clerk of Chair the Board of County Commissioners of Broward County, Florida day of 19 0 -5- • • THIRTEENTH 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 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 By Mary Frances Bakke Assistant County Attorney WITNESSES: CITY OF TAMARAC BY �¢r'�C City Mayor NpQ,Hj%w '4wiTz day of , 19&. ATTEST: By ^ 14 0&XV City Manager ► j) , Dingy A M` p-AHo-(`T city Clerk cAatx. A. f-%J s 5 ( C0P.I"c' RATZ SEAL) Mrs: fcl 3/4/96 tamarac.a05 096-087 —LZ- day of 19 -6- 411&�WiI.7 City Atto'kney �/ „�.� �� S, V-kAFi