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Home My WebLink AboutCity of Tamarac Resolution R-94-0401 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 1 Temp. Reso. # LL " 0 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-94- _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE SECOND 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 WHEREAS, the City Council 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 Second Amendment to Interlocal Agreement 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 COUNCIL OF THE CITY OF TAMARAC, FLORIDA: EECTIQU 1: That the foregoing "WHEREAS" clause is hereby ratified and confirmed as being true and correct and is hereby made a specific part of this Resolution. SSECTION 2: That the appropriate City Officials are hereby authorized to execute the attached Second Amendment to Interlocal Agreement between Broward County and City of Tamarac providing for division and distribution of the proceeds from the Broward Count Additional Local Option Gas Tax on Motor Fuel Ordinance. (Attached hereto as Exhibit A). All resolutions or parts of resolutions ir. conflict herewith are hereby repealed to the extent of such conflict. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16. 17i 1.8 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 351 2 Temp. Reso. # SEQTION 4: If any clause, section, other part o application of this Resolution is held by any court of competen jurisdiction to be unconstitutional or invalid, in part o application, it shall not affect the validity of the remainin portions or applications of this Resolution. SECTIQN 5: This Resolution shall become effectiv immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this ro-O day of 1994. ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I ha e approved this SO UTION as t_p firm. MITCHELL CITY A (2ND AMEND LOCAL OPTION GAS TAX) NORMAN ABRA] MAYOR REWRD OF 00-MIL V n. AW A Ai n 1111 T'2 DISTRICT 1: vlNjr. ,".. DISTRICT 2• DISTRICT 3: 0-1 wu DISTRICT 4: 04W M" G F+ e 0 �-5 4-4c) • 0 SECOND 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 SECOND 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 N MOTOR FUEL ORaINANCE 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 TAMARACK 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: ( -� /�- V0 Population of Ind'vidual Munici ality x 37.5% Total Incorporated Area Population Recipient Share of Proceeds Coconut Creek 1.01.7797% Cooper City 0.821904% Coral Springs 2.862422% Dania 0.544042% Davie 1.684164% Deerfield Beach 1.533132% Fort Lauderdale 4.786891% Hallandale 1.004635% Hillsboro Beach 0.056222% Hollywood 3.989188% Lauderdale -by -the Sea 0.096000% Lauderdale Lakes 0.891160% Lauderhill 1..590964% Lazy Lake 0.001287% Lighthouse Point 0.334245% Margate 1.457021% Miramar 1.360732% North Lauderdale 0.858109% Oakland Park 0.900107% Parkland 0.237602% Pembroke Park 0.159849% Pembroke Pines 2.414123% Plantation 2.338205% Pompano Beach 2.356355% !I • CI 4 S y Y Sea Ranch Lakes 0.019824% sunrise 2.302386% Tamarac 1.503267% Wilton Manors 0.378367% Broward County 62.500000% 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 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: Recipient Po ulation Coconut Creek 31,626 Cooper City 25,539 Coral springs 88,944 Dania 16,905 Davie 52,332 Deerfield Beach 47,639 Fort Lauderdale 148,743 Hallandale 31,217 Hillsboro Beach 1,747 Hollywood 123,956 -3- Lauderdale -by -the Sea 2,983 Lauderdale Lakes 27,691 Lauderhill 49,436 Lazy Lake 40 Lighthouse Point 10,386 Margate 45,274 Miramar 42,282 North Lauderdale 26,664 Oakland Park 27,969 Parkland 7.383 Pembroke Park 4,967 Pembroke Pines 75,014 Plantation 72,655 Pompano Beach 73,219 Sea Ranch Lakes 616 Sunrise 71,542 Tamarac 46,711 Wilton Manors 11,757 Total Incorporated 1,165,237 Broward County 152,275 (Unincorporated) TOTAL COUNTY 1,317,512 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- 01 E 0 0 41�7- SY-Y 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 Second 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, 1994. 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. -5- �e- s�/- ya IN WITNESS WHEREOF, the parties have made and executed this Second Amendment to the Interlocal Agreement 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 Administrator and Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida COUNTY BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS By Chair day of , 19 r: 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: (305) 357-7600 By Mary Frances Bakke Assistant County Attorney 0 r-J SECOND 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: ATTEST: By City Clerk Cr4�oc A, E�V,+Nsi CMc (CORPORATE SEAL) MFB:fcl 2/10/94 tamarac.aQ1 #94-087 CITY CITY OF TAMAR.AC By *M�ayor day of `� r 19. City Manager Ro6EdiT N0U, S day of 19111L. APPROVED AS T�--FORM: By -7- orney M ELL 5, KRa�T