HomeMy WebLinkAboutCity of Tamarac Resolution R-97-1131
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Temp. Reso. #7882
May 9, 1997
Page 1
CITY OF TAMARAC
RESOLUTION NO. R-97- //3
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE THE
FOURTEENTH 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 Fourteenth 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, 1997; 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 from the Broward County additional Local Option Gas Tax on Motor Fuel
Ordinance.
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Temp. Reso. #7882
May 9, 1997
Page 2
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 Fourteenth 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 29 day of /41)q Y , 1997.
ATTEST:
CAROL A. EVANS, CMC
CITY CLERK
I HEREBY CERTIFY that I have
a roved this Resolution as
of IT.n 6,1
/I ///
ITCHELL S.`KRAF
CITY ATTORNEY
• ■
■
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RECORD OF COMMISSION
MAYOR SCHREIBER
DIST 1:
COMM. MGKAYE
DIST 2:
V/M MISHKIN
DIST 3:
COMM. SULTANOF
DIST 4:
OMM. ROBERTS
Exhibit A
TEMP g�2•
•
•
•
FOURTEENTH 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 QPTION GAS TAX ORDINANCE
F�q9-10a
FOURTEENTH AMENDMENT
0
to
INTERLOCAL AGREEMENT
Between
BROWARD COUNTY
and
S1TY_OF TAMARAC
Providing for
DIVISION AND DISTRIBUTION OF THE
PROCEEDS OF THE LOCAL OPTION GAS
TAX IMPOSED BY THE BROWARD COUNTY
-LOCALOPTION GAS TAX DI CE
This is the Fourteenth 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,"
s►•
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)1.,
Florida Statutes; and
R -,q?- / 1 3
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 Fourteenth Amendment to Interlocal Agreement, is amended to read as
follows:
2. Sixty-one and three-quarters percent (61.75%) of said Local Option Gas Tax
proceeds shall be distributed to the COUNTY, and the remaining thirty-eight
and a quarter percent (38.25%) shall be divided among and distributed to the
eligible municipalities within the COUNTY as follows -
Population of Individual Municipality x 38.25% _
Total Incorporated Area Population
Recipients $hare of Proceeds
Coconut Creek
1.048953%
Cooper City
0.841095%
Coral Springs
2.994019%
Dania
0.526178%
Davie
1.804346%
Deerfield Beach
1.487819%
Fort Lauderdale
4.561524%
Hallandale
0.955687%
Hillsboro Beach
0.053256%
Hollywood
3.818405%
Lauderdale- by- the- Sea
0.091139%
Lauderdale Lakes
0.846350%
Lauderhill
1.519597%
Lazy Lake
0.001215%
Lighthouse Point
0.318076%
Margate
1.463333%
Miramar
1.412356%
. North Lauderdale
0.831009%
Oakland Park
0.855009%
-2-
T7_1r3
Parkland
0.315281 %
Pembroke Park
0.150350%
Pembroke Pines
2.866454%
Plantation
2.315638%
Pompano Beach
2.256337%
Sea Ranch Lakes
0.018805%
Sunrise
2.271376%
Tamarac
1.520539%
Weston
0.744760%
Wilton Manors
0.361094%
Total Incorporated
38.250000%
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, except for the
population figure for the City of Weston which is furnished by Broward County
Department of Strategic Planning. In accordance with the population figures,
paragraph 3, of the Interlocal Agreement, as amended by the Addendum thereto
and the Fourteenth Amendment to Interlocal Agreement, is amended to read as
follows:
Recipient
Population
Coconut Creek
34,528
Cooper City
27,686
Coral Springs
98,553
Dania
17,320
Davie
59,393
Deerfield Beach
48,974
Fort Lauderdale
150,150
Hallandale
31,458
Hillsboro Beach
1,753
Hollywood
125,689
Lauderdale -by- the -Sea
3,000
Lauderdale Lakes
27,859
Lauderhill
50,020
Lazy Lake
40
Lighthouse Point
10,470
Margate
48,168
Miramar
46,490
North Lauderdale
27,354
Oakland Park
28,144
Parkland
10,378
-3-
R. 9 7-03
Pembroke Park
4,949
Pembroke Pines
94,354
Plantation
76,223
Pompano Beach
74,271
Sea Ranch Lakes
619
Sunrise
74,766
Tamarac
50,051
Weston
24,515
Wilton Manors
11.886
Incorporated
1,259,061
Unincorporated
133,191
Total County
1,392,252
3. All provisions of the Interlocal Agreement and the Addendum thereto, as amended,
not in conflict with this Fourteenth Amendment shall remain in full force and effect.
4. This Fourteenth 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 Fourteenth Amendment
prior to June 1, 1997.
5. This Fourteenth 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. CITY is a state agency as defined in Chapter 768.28, F.S. and agrees to be fully
responsible for acts and omissions of its agents or employees to the extent
permitted by law. Nothing herein is intended to serve as a waiver of sovereign
immunity by any party to which sovereign immunity may be applicable. Nothing
herein shall be construed as consent by a sate agency or political subdivision of the
State of Florida to be sued by third parties in any matter arising out of this
Agreement or any other contract.
7. CITY is a state agency as defined in Chapter 768.28, F.S. and shall maintain liability
protection in accordance with state law.
8. CITY shall comply with all federal, state, and local laws, codes, ordinances, rules
and regulations in performing its duties, responsibilities, and obligations under this
Agreement.
9. In the event a portion of this Agreement is found by a court of competent jurisdiction
0 to be invalid, the remaining portions shall continue to be effective.
CI
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10. This Agreement shall be interpreted and construed in accordance with and
governed by the laws of the State of Florida. Venue for litigation concerning this
Agreement shall be in Broward County, Florida.
11. No modification, amendment, or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document prepared with the
same or similar formality as this Agreement and executed by the Board of County
Commissioners and CITY.
12. This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters contained
herein and the parties agree that there are no commitments, agreements, or
understandings concerning the subject matter of this Agreement that are not
contained in this document. Accordingly, the parties agree that no deviation from
the terms hereof shall be predicated upon any prior representations or
agreements, whether oral or written. It is further agreed that no modification,
amendment or alteration in the terms or conditions contained herein shall be
effective unless contained in a written document in accordance with Section 11
above.
IN WITNESS WHEREOF, the parties have made and executed this Fourteenth
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.
ATTEST:
COUNTY
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By
County Administrator and Chair
Ex-Officio Clerk of
the Board of County day of 119
Commissioners of Broward
County, Florida
1612
g. `f 'I -- i r .-5
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FOURTEENTH 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
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A
City Clerk
Carol A. Evans, CMC
MFB:fcl
4124/97
tamarac
GASTX
GAS7X14.FRM
#97-087
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
T
Mary Frances Bakke
Assistant County Attorney
CITY OF TAMARAC
By
ayor
Joe Schreiber
_.,?jL day of nay 119 97.
11
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Cit Managerly
Roert S. Noe, Jr,,l
LIM
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Mitchell LS. IKiiaft