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1993-36 Support of Groward Co Local Option Gas Tax Revenue of 3 CentsRESOLUTION NO. 93 - 36 A RESOLUTION OF THE CITY OF PARKLAND, FLORIDA EXPRESSING SUPPORT FOR A SPECIFIED APPROACH TO THE DISTRIBUTION OF LOCAL OPTION GAS TAX REVENUE; EXPRESSING SUPPORT FOR A LOCAL OPTION GAS TAX OF THREE CENTS ($.03), ALL TO BE UNIFORMLY AND COLLECTIVELY DISTRIBUTED; DEPENDENT UPON CONTINUING UNANIMITY BY CONSTITUENT MUNICIPALITIES OF THE PREMISES SET OUR HEREIN; AGREEING NOT TO INFRINGE ON BROWARD COUNTY'S RIGHT TO THE NINTH CENT OF LOCAL OPTION GAS TAX, AND AGREEING NOT TO SUPPORT ANY GROUP INTERESTED IN RECEIVING DISTRIBUTION OF THE NINTH CENT OF LOCAL OPTION GAS TAX; EXPRESSING SUPPORT FOR THIS ADDITIONAL SOURCE OF REVENUE WITH THE PROVISO THAT IT BE DIVIDED UNIFORMLY AS TO EACH COMPONENT THEREOF WITH 62.5X DISTRIBUTED TO THE BOARD OF COUNTY COMMISSIONERS AND 37.5% DISTRIBUTED AMONGST THE MUNICIPALITIES ON A POPULATION BASED FORMULA; EXPRESSING A CONCERN THAT THESE FUNDS BE UTILIZED SOLELY FOR INFRASTRUCTURE IMPROVEMENTS, TRANSPORTATION IMPROVEMENTS AND GROWTH MANAGEMENT ACTIVITIES AS EXPRESSLY INTENDED BY THE FLORIDA LEGISLATURE; PROVING FOR THE ESTABLISHMENT OF A SELECT GROUP COMPRISED OF MUNICIPAL AND COUNTY ELECTED OFFICIALS FOR THE PURPOSE OF DISCUSSING ON A COOPERATIVE AND LONG-TERM BASIS THE GROWTH MANAGEMENT AND TRANSPORTATION REQUIREMENTS OF ALL BROWARD COUNTY INCLUDING THE INCORPORATED AND UNINCORPORATED AREAS; EXPRESSING ON BEHALF OF THE CITY OF PARKLAND, FLORIDA AND ITS CONSTITUENT MEMBERS A WILLINGNESS TO PARTICIPATE IN A COOPERATIVE DISCUSSION PROCESS RELATIVE TO THE ISSUES OF GROWTH MANAGEMENT AND TRANSPORTATION REQUIREMENTS; PROVIDING THAT COPIES BE FORWARDED TO APPROPRIATE PARTIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature pursuant to Chapter 336, Florida Statutes established the ability for local government to implement growth management planning and infrastructure improvements to County road systems by virtue of a gas tax on motor fuel and special fuel; and RESOLUTION NO. 93-36 PAGE 2 WHEREAS, pursuant to Chapter 336, Florida Statutes the Board of County Commissioners is intending to implement such a local option gas tax; and WHEREAS, the City and County should cooperate and work together for the utilization and distribution of these sums of revenue raised by the implementation of a local option gas tax; and WHEREAS, the City is willing to support the implementation of a local option gas tax if the cities receive 37.5% of all sums received by Broward County in the form of a three cent ($.03) local option gas tax; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct. Section 2. The City of Parkland, Florida hereby urges the Board of County Commissioners, pursuant to Chapter 336, Florida Statutes, to enact an Ordinance levying a three cent ($.03) local option gas tax, and providing that such legislation requires that 37.5% of all funds received pursuant to these measures be distributed to the municipalities on a population based formula, and hereby expresses its support for such legislation. RESOLUTION NO. 93-36 PAGE 3 Section 3. The position stated herein and the unanimity of support as represented by the official action of the City Commission of the City of Parkland, Florida and on behalf of its constituent municipalities is predicated upon the distribution formula expressed herein. Such unaminity being dependent upon these premises. Further, in so much as the distribution formula expressed herein continues in full force and effect and is implemented as described hereinafter, the City of Parkland, Florida would be unwilling to support any action by any group which would be in opposition to the sentiments or positions expressed herein. Section 4. The City Commission of the City of Parkland, Florida has agreed that it would not infringe on Broward County's right to the ninth cent of the local option gas tax. Additionally, the City Commission of the City of Parkland, Florida has agreed not to support any other organization attempting to usurp Broward County's authority over the ninth cent of local option gas tax. Section 5. Immediately upon the implementation of this Resolution, the City's share shall be implemented through an interlocal agreement providing population based distribution of 37.5% of all sums levied by the Board of County Commissioners in the form of the local option gas tax. RESOLUTION NO. 93-36 PAGE 4 Section 6. The City is requesting that all of the revenue raised by the implementation of the local option gas tax be used solely for the purposes of growth management and transportation requirements of all of Broward County. Section 7. A select group comprised of municipal and county elected officials shall be formed between the municipalities of Broward County and the Board of County Commissioners for the purpose of developing goals and objectives dealing with the long term needs of the County and the municipalities in the area of growth management, infrastructure improvements, transportation planning and unfunded long range growth management and the funding sources for same. The City of Parkland, Florida shall fully cooperate in the establishment of this select group comprised of Municipal and County Elected Officials. Section 8. Any levying of the aforesaid tax which does not provide for this formula requiring the distribution of 37.5% of all three (3) pennies of additional tax to the municipalities cannot meet the long term needs of all of the citizens of Broward County for the purposes stated herein. Section 9. All resolutions or parts of resolution in conflict herewith are hereby repealed to the extent of such conflict. RESOLUTION NO. 93-36 PAGE 5 Section 10. 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 11. Copies of this Resolution will be provided to all appropriate parties. Section 12. This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED THIS 20 DAY OF OCTOBER , 1993. SUSAN ARMSTRONG, C.M.C. CITY CLERK SAL AGLIARA, MgR