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HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-112Temp. Reso. #8971 April 3, 2000 Revision #1, April 17, 2000 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2000- I I )— A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE SEVENTEENTH 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 Seventeenth 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 1 Temp. Reso. #8971 April 3, 2000 Revision #1, April 17, 2000 Page 2 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, 2000; 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 Amendment to Interlocal Agreement between Broward County and the City of Tamarac 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. 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 Seventeenth Amendment to Interlocal Agreement between Broward County and City of Tamarac providing for,d.iVision 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). 1 1 1 Temp. Reso. #8971 April 3, 2000 Revision #1, April 17, 2000 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 r� day of , 2000. ATTEST: MARION SW NSON, INTERIM CITY CLERK 13WBYCERTIFY that I have ap rolut' nto fo CITY ATTORN /-c t w wt JOE ER 11A•R - AEC= OF COMMISSION) OTE MAYOR s♦CNREIBER CaIr 1: COM PORTNER„ wt r.cG1wMrt• m**W - OW * GINAW0AUNW OW * VIA1 MOM ,ter• • Temp Reso #8971 Exhibit A r-� • • • SEVENTEENTH 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 . SEVENTEENTH 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 This is the Seventeenth 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," 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)(a), 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)1, 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: 27. Paragraph 2 of the Interlocal Agreement, as amended by the Addendum thereto and the prior sixteenth amendment, is amended to read as follows: 2. Sixty-one and fifty-eight hundredths percent (61.58%) of said Local Option Gas Tax proceeds shall be distributed to the COUNTY, and the remaining thirty-eight and forty-two hundredths percent (38.42%) shall be divided among and distributed to the eligible municipalities within the COUNTY as follows: • Population of Individual Municipality x 38.42% _ Total Incorporated Area Population Recipients Share of Proceeds K111I11 Coconut Creek 1.101847% Cooper City 0.800325% Coral Springs 3.112270% Dania Beach 0.514793% Davie 1.881140% Deerfield Beach 1.670403% Fort Lauderdale 4,149851 % Hallandale 0.877600% Hillsboro Beach 0.048916% Hollywood 3.556195% Lauderdale -by -the -Sea 0.105800% Lauderdale Lakes 0.776368% Lauderhill 1.409441 % Lazy Lake 0.000975% -2- Lighthouse Point 0.296535% Margate 1.413090% Miramar 1.520506% North Lauderdale 0.833001 % Oakland Park 0.786564% Parkland 0.368239% Pembroke Park 0,133267% Pembroke Pines 3.345347% Plantation 2.240631 % Pompano Beach 2.072627% Sea Ranch Lakes 0.017160% Southwest Ranches 0.229623% Sunrise 2.184333% Tamarac 1.460057% Weston 1.184526% Wilton Manors 0.328571 % Total Incorporated 38.420000% 2. The population figures set forth herein are based on the most current edition of Florida Estimates of Population, published by the Bureau of Economics and Business Research, Population Division, University of Florida. In accordance with the population figures, paragraph 3 of the Interlocal Agreement, as amended by the Addendum thereto and the prior sixteenth amendment, is amended to read as follows.. Recipient Population Coconut Creek 39,554 Cooper City 28,730 Coral Springs 111,724 Dania Beach 18,480 Davie 67,529 Deerfield Beach 59,964 Fort Lauderdale 148,971 Hallandale 31,504 Hillsboro Beach 1,756 Hollywood 127,660 Lauderdale -by -the -Sea 3,798 Lauderdale Lakes 27,870 Lauderhill 50,596 Lazy Lake 35 Lighthouse Point 10,645 -3- Margate 50,727 . Miramar 54,5$3 North Lauderdale 29,903 Oakland Park 28,236 Parkland 13,219 Pembroke Park 4,784 Pembroke Pines 120,091 Plantation 80,434 Pompano Beach 74,403 Sea Ranch Lakes 616 Southwest Ranches 8,243 Sunrise 78,413 Tamarac 52,413 Weston 42,522 Wilton Manors 11 �795 Incorporated area 1,379,198 Unincorporated Area 111,091 • Total County 1,490,289 3. All provisions of the Interlocal Agreement and the Addendum thereto, as amended, not in conflict with this Seventeenth Amendment'shall remain in full force and effect. 4. This Seventeenth 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 Seventeenth Amendment prior to June 1, 2000. 5, This Seventeenth 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. 6. In the event a portion of this Seventeenth Amendment is found by a court of competent jurisdiction to be invalid, the remaining portions shall continue to be effective. me • IN WITNESS WHEREOF, the parties have made and executed this Seventeenth 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 , 20 , and CITY, signing by and through its Mayor - Commissioner, duly authorized to execute same. • ATTEST: COUNTY BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and Ex-Officio By Clerk of the Board of County Commissioners of Broward County, Florida -5- Chair day of .20 Approved as to form by Office of County Attorney Broward County, Florida EDWARD A. DION, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 1A CAROLS. WOLFF Assistant County Attorney SEVENTEENTH AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC PROVIDING FOR DIVISION AND DISTRIBUTION OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE WITNESSES: /:1911111�"IM By 10*rim City Clerk (CORPORATE SEAL) CSW:cb 3/30/00 gastxl7.frm #99-087 0 CITY CITY OF TAMARAC By Mayor -Commissioner tZ day of , 20 D-� . thy Manager day of 200-�.