HomeMy WebLinkAboutCity of Tamarac Resolution R-96-072Temp. Reso. #7372
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-96- 7oZ
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 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, the Amendment to Interlocal Agreement is the result of legislation enacted
by the 1993 Florida Legislature which increased the County's authority to levy 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, 1996; and
WHEREAS, the City Manager and Director of Finance recommend approval; and
Temp. Reso. #7372
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 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 park 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
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 this16 day of rp:j` ,1996
qem��
NORMAN ABRAMOWITZ
Caro AI Evans
City Clerk
I HEREBY CERTIFY THAT I HAVE APPROVED
,TEE R SOLU O FORM.
Mitchell . Kraft, tity Attorney
MAYOR
Fwodw OF CouNaL
MAYOR ou7 i Z
DISTRICT 1 • CA 1 A .
DISTRICT 2• 1
DISTRICT 3:
DISTRICT 4: o c
EXHIBIT A
•
•
0
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
X ON MOTOR FUEL ORDINANCE
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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
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."
W I T N E S S E T H:
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-two and one-half percent (62.5%) 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 --seven and one-half percent (37.5%) of the
total proceeds shall be divided among and distributed to the
eligible municipalities within the COUNTY as follows:
Population of- _Individual
Municipality x 37.5%
Total Incorporated Area
Population
Recipient
Share of Proceeds
Coconut Creek
1.038146%
Cooper City
0.851897%
Coral Springs
2.905336%
Dania
0.534837%
Davie
1.698041%
Deerfield Beach
1.504703%
Fort Lauderdale
4.648182%
Hallandale
0.979100%
Hillsboro Beach
0.054662%
Hollywood
3.897308%
Lauderdale -by -the Sea
0.093373%
.
Lauderdale Lakes
0.865796%
Lauderhill
1.555354%
Lazy Lake
0.001244%
Lighthouse Point
0.324024%
Margate
1.470065%
Miramar
1.380920%
North Lauderdale
0.846891%
Oakland Park
0.873569%
Parkland
0.264014%
Pembroke Park
0.152700%
Pembroke Pines
2.734602%
Plantation
2.337726%
-2-
Pompano Beach
2.299356%
Sea Ranch Lakes
0.019091%
Sunrise
2.283996%
Tamarac
1.516052%
Wilton Manors
0.369016%
Broward County
62.50000%
TOTAL
100.00%
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
Inter local 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:
Recipient Population
Coconut Creek 33,388
Cooper City 27,398
Coral Springs 93,439
Dania 17,201
Davie 54,611
Deerfield Beach 48,393
Fort Lauderdale 149,491
Hallandale 31,489
Hillsboro Beach 1,758
-3-
Hollywood
125,342
Lauderdale -by -the Sea
3,003
Lauderdale Lakes
27,845
Lauderhill
50,022
Lazy Lake
40
Lighthouse Point
10,421
Margate
47,279
Miramar
44,412
North Lauderdale
27,237
Oakland Park
28,095
Parkland
8,491
Pembroke Park
4,911
Pembroke Pines
87,948
Plantation
75,184
Pompano Beach
73,950
Sea Ranch Lakes
614
Sunrise
73,456
Tamarac
48,758
Wilton Manors
11,868
Broward County
(Unincorporated)
158,124
Total County
1,364,168
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
-4-
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
0 executed counterpart shall be deemed an original instrument.
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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, 1996.
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.
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IN WITNESS WHEREOF, the parties have made and executed this
Amendment to the Interlocal Agreement on the respective dates under
each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMIS-
SIONERS, signing by and through its Chair or Vice Chair, authorized
to execute same by Board action on the day of ,
1.9 , 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
•
C�
K0 +4U-O
cm
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By
Cha
day of
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
By
Mary Frances Bakke
Assistant County Attorney
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•
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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:
oil
ATTEST:
CITY
CITY OF TAMARAC
By co4m.4w�
Mayor, No aA" 4}6 2pp
W 1 TZ-
day of 4LI
By kdqg'/�-
City cler G0WL H. E0ANS- city Manager ► pIa,q µt AE tD ri
(CORPORATE SEAL)
MFB:fcl
3/6/96
tamarac.a06
096-087
By
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day of � , 199-�z
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