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HomeMy WebLinkAboutCity of Tamarac Resolution R-93-0961 Temp. Reso. #--�-5--2 • , CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-93 C A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE 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, 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 enter into an agreement with Broward County providing for 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: SECTION 1: The foregoing "WHEREAS" clause is hereby ratified and confirmed as being true and correct and is hereby made a specific part of this resolution. SECTION 2: The appropriate City Officials are hereby authorized to execute the Interlocal Agreement between Broward County and the 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. SECIIQN 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 All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.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. 13 2 Temp. Reso. #� a7i QECTION 5: This Resolution shall become effective immediately upon its passage and adoption'. - PASSED, ADOPTED AND APPROVED this a�J� day of 1993. ti H.L. BENDER MAYOR ATTEST: jQLA .EVANS CLERK RECORD OF COUNCi VOTE MIIYN��.I HCERTI Y that I have GIST 1:a s RES LUTION DIST.2. Rrl'a,a LUTCHEIAL S. CITY ATTORN rl (GasTax) 0 CI INTERLOCAL AGREEMENT Between BROWARD COUNTY and Providing for DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE r-� -3 , � (�') i • ti INTERLOCAL AGREEMENT Between BROWARD COUNTY and Providing for DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE �3~ !1� THIS AGREEMENT, made and entered into by and between BROWARD COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," AND ,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 premises hereinafter set forth and pursuant to the authorization of paragraph (1)(b)2 of Section 336.025, Florida Statutes, the COUNTY and the 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 as ,imposed by Broward County pursuant to ordinance. 2. Sixty-two and one-half percent (62.5%) of said 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%) shall be divided among and distributed to the eligible municipalities within the COUNTY as follows: Population of Individual. Municipality Total Incorporated Area Population x 37.5% - KI 0 Recipient Share of Proceeds Coconut Creek .984519% Cooper City .785903% Coral Springs 2.832169% Dania .554380% Davie 1.648870% Deerfield Beach 1.552449% Fort Lauderdale 4.844939% Hallandale 1.014833% Hillsboro Beach .057282% Hollywood 4.045027% Lauderdale -by -the Sea .097569% Lauderdale Lakes .904731% Lauderhill ( 1.641488% Lazy Lake .001181% Lighthouse Point .340902% Margate 1.454879% Miramar 1.373714% North Lauderdale .871169% Oakland Park .905354% Parkland .209476% Pembroke Park .160100% Pembroke Pines 2.326344% Plantation 2.314369% Pompano Beach 2.384150% -2- L� Reci ient Share of Proceeds Sea Ranch Lakes .020308% Sunrise 2.269849% Tamarac 1.521446% Wilton Manors .382601% Broward County 62.5$ 100% 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 Economic 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 I of each year during which this Interlocal Agreement is in effect. For the purposes of this Agreement, the following population figures are hereby agreed upon: Recipient Population Coconut Creek 30,009 Cooper City 23,955 Coral Springs 86,327 Dania 16,898 Davie 50,259 Deerfield Beach 47,320 Fort Lauderdale 147,678 Hallandale 30,933 Hillsboro Beach 1,746 -3- • Recipient 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 Sea Ranch Lakes Sunrise Tamarac Wilton Manors Total Incorporated Broward County (Unincorporated) Total County -4- Population 123,296 2,974 27,577 50,034 36 10,391 44,346 r 41,872 26,554 27,596 6,385 4,880 70,909 70,544 72,671 619 69,187 46,375 11,662 1,143,033 151 057 1,294,090 �13 - ? �e � 0 I/-- �3- � (, 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 provipions and requirements of Section 336.025, Florida Statutes. 7. References herein to Section 336.025, Florida Statutes, are references 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 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 September 1, 1993. -5- IN WITNESS WHEREOF, the parties hereto have made and executed this 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 the CITY OF signing by and through its , duly authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and By Ex--Officio Clerk of the Chair Board of County Commissioners of Broward County, Florida 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: (305) 357-7600 Telecopier: (305) 357-7641 By LORI SMITH-LALLA Assistant County Attorney • 0 40 1 INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE CITY CITY OF — 1� 6L<-a C By r eit Manager - �. �� day ofA405�v, 19 93 . ATTEST: (CORPORATE SEAL) CITY OF TAMARAC APPROVED AT MEETING OF 8 -,;?5- 3 - LSL:dp 8/24/93 gastax5.frm -7- 9 � I i Aeretay certify that andAorrect copy of the original of whi& WITNESS MY HAND OF THE -�CITY YOOF Tf This ..P 3D 13 32 33 11 1b 36 17 1s 19 2r 2: 22 23 24 25 26 27 28 29 30 31 31. 3 3, 31 document is a true r� s ian fie in City Hall. AND OFFICIAL SEAL 4ARAC, FLORIDA. f'a 99 1 Temp. Reso. C�- 7 '3 40�tCITY OFTAMARAC, FLORIDA .>* ✓ CITY CLERK RESOLUTION NO. R-93a�P A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE 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 FORAN EFFECTIVE DATE 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 enter into an agreement with Broward County providing for 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: SECTION 1: The foregoing "WHEREAS' clause Is hereby ratified and confirmed as being true and correct and is hereby made a specific part of this resolution. 5EC IT ON 2- The appropriate City Officials are hereby authorized to execute the Interlocal Agreement between Broward County and the 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. SECTIQUI All resolutions or parts of resolutions in conflict herewith are hereby repeated to the extent of such conflict. EECTIONA; 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. I 10 30 21 32 33 31 35 36 27 1! 31) 2 22 23 21 25 26 27 22 29 30 32 31 2 3.` 35 1 Temp. Reso. #6e25oZ SECTIONS: This Resolution shall become effective immediately upon its passage and adoption: PASSED, ADOPTED AND APPROVED this ,95da of i^��•� , 1993. H.L. BENDER MAYOR ATTEST. CARCLA.EVANS CITY CLERK MAYOR RECORD OF COUNCI VOTE I HE CERTI that I have blgT 1: oved s RES LWTION DISY. is _ �: SCHUM IwAAw1A1 rm. OtgY. 55. G�..J :Z143t�T is ITCHE S. $IIF(/ CITY ATTORN (GasTax) CITY OF TAMARAC 7525 Northwest 88 Avenue Tamarac, Florida 33321-2401 August 26, 1993 Marcy Gellman Budget and Management 115 S. Andrews Avenue, Room 404 Fort Lauderdale, Florida 33301 Phone (305) 722-5900 Fax (305) 722-4509 Subject: Interlocal Agreement Between Broward County and the City of Tamarac Providing for Division and Distribution of Proceeds from the Broward County Additional Local Option Gas Tax on Motor Fuel Ordinance Dear Ms. Gellman, Enclosed are five (5) originals of the subject agreement and five (5) certified copies of City of Tamarac Resolution No. R-93-96 as passed by City Council at the meeting of August 25, 1993. Once fully executed, please return one (1) executed original for our files. Thank you for your assistance. Very -truly yours, Patricia Marcurio Acting City Clerk /ew Enclosures THE CITY OF TAMARAC IS AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAPPED STATUS