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Home My WebLink AboutR-98-0869J-98-874 08/26/98 RESOLUTION NO. 9 869 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY (THE "COUNTY") AND MUNICIPALITIES REPRESENTING A MAJORITY OF THE POPULATION OF THE INCORPORATED AREA OF THE COUNTY TO PROVIDE FOR THE DISTRIBUTION OF A PORTION OF THE COUNTY OPTIONAL GAS TAX TO BE DISTRIBUTED TO MUNICIPALITIES; FURTHER AUTHORIZING THE CITY MANAGER TO IMMEDIATELY COMMENCE NEGOTIATIONS WITH THE COUNTY TO OPTIMIZE THE FINANCIAL RETURN TO THE CITY FROM THE CURRENT LEVY AND ANY ADDITIONAL LEVIES TO BE IMPOSED BY THE COUNTY FOR FUTURE PROCEEDS TO BE PROVIDED TO THE CITY. WHEREAS, Section 336.025, Florida Statutes (1992), authorizes counties to impose up to a six cent local option gas tax upon motor fuel and special fuel; and WHEREAS, Miami -Dade County (the "County") proposed to impose and levy said tax under the procedures of Subsection (3)(a)(1) of Section 336.025, Florida Statutes (1992); and WHEREAS, state law requires that the County share the proceeds of such a tax with municipalities; and WHEREAS, state law also requires that an Interlocal Agreement shall be negotiated by cities representing a majority of the population within all municipalities; and WHEREAS, the County has agreed to share 26% of the proceeds ATTACHMENT (S) CONTAINED SEP 0 F1 IM As"bo"snm 98- 869 of said tax with eligible municipalities within the County; and WHEREAS, said agreement must be executed in order to comply with state law; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized to execute an interlocal agreement, in substantially the attached form, with Miami -Dade County (the "County") and municipalities representing a majority of the population of the incorporated area of the County to provide for the distribution of a portion of the County Optional Gas Tax to be distributed to municipalities. Section 3. The City Manager is hereby further authorized to immediately commence negotiations with the County to optimize the financial return to the city from the current tax levy and any additional levies to be imposed by the County for future proceeds to be provided to the city. Section 4. This Resolution shall become effective 2 98- 869 immediately upon its adoption and signature of the Mayor.1/ PASSED AND ADOPTED this 8th day of September, 1998. JOE CAROLLO, MAYOR 'n accOldft* willlr Vlf lmi Code Sec. 2-36, since the Mayor did not indicate ?p�rov .! of by signing it in the designated place provided, sa;d ,egis;at;ork '110W becomeS ewe with the elapse of ten (10) days fro?p the date of Commiss' action � dui the, Mayor eX69cising ATTEST: IAtew J. city t�erlc WALTER J. FOEMAN CITY CLERK APPR DIKT;O CORRECTNESS LLO w�uaQ•r�u-kr 1� If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. 3 98- 869 07: 13: 9S >1ON 15: 3S FAX 3053 i 551 r 9 MANAGEMENT AND INTERLOCAL AGREEMENT THIS AGREEMENT entered into this day of 1998, by and between Miami -Dade County, Florida, a political subdivision of the State of Florida and municipalities representing a majority of the population of the incorporated area of Miami -Dade County. WITNESSETH WHEREAS, Section 336.025, Florida Statutes (1997) authorized counties to impose up to a Six Cent Local Option Gas Tax (LOGT) upon motor fuel and special fuels: and WHEREAS, Miami -Dade County proposes to impose and levy said tax under the procedures or subsection (3) (a) 1 of Section 336.025, Florida Statutes (19972), NOW, THEREFORE. in consideration of the covenants contained herein, the receipt and adequacy of which are hereby acknowledged by all parties hereto, it is agreed as follows: '» 1. This agreement shall become effective upon its approval by the governing bodies of the County andbf municipalities representing a majority of the population of the incorporated area of Miami -Dade and shall become effective September 1, 1998 and veil] govern gas tax distributions for FY 1999-00 and each subsequent fiscal year and be in effect for the entire term of the "1993 Local Option Gas Tax", as defined in Article IX, Chapter 29 of the Code of Miami -Dade County, Florida, as amended. 2. Miami -Dade County has imposed and levied a local option gas tax of up to six cents, the net proceeds thereof had been previously allocated on the basis of 74 percent (the ci; - 13. 9g }fob 15: 39 FAX 3053 7 5" 6,5 MANAGEMENT AND BUD(- o iQ iiU2 County portion) to the County and 26 percent (the municipal portion) to all eligible incorporated municipalities in Miami -Dade County. Florida pursuant to Section 336,025 (6), Florida Statutes (1997), Net proceeds shall mean LOOT collected by the Florida Department of Revenue (DOR) less the amount retained by the DOR for administration as provided in Section 215.20, Florida Statutes (1993). 3, With the incorporation of Pinecrest, Aventura and Sunny Isles Beach, the allocation of net local option gas tax proceeds is adjusted to 72.86 percent (County portion) to the County and 27.14 percent (municipal portion) to all eligible municipalities. 4. The municipal portion of the LOGT shall be distributed among the eligible incorporated municipalities in Miami -Dade County, Florida, based on a formula as follows: a. Seventy-five percent based upon the ratio of the population of each eligible incorporated municipality compared to the total population of all eligible incorporated municipalities in Miami -Dade County: and b. Twenty-five percent based upon the ratio of total centerline miles of roadway maintained by each eligible incorporated municipality compared to the total centerline mules maintained by all eligible incorporated municipalities in Miami -Dade County; and 5. In the event that an eligible municipality annexes an area of unincorporated Miami -Dade County or a newly incorporated municipality becomes eligible for participation in the distribution of 1993 LOOT proceeds, the distribution shall be set in accordance with the formula in Sections 4(a) and 4(b), in which case the County's Unincorporated Municipal Service Area 98- 869 07 11. 9•g )it?� 15:.Q FAX 3053 i 551 6.9 )1.�N.aGE)SENT .4\P B1'D(:F 0 �j 003 (UMSA) share will be reduced by -the proportionate reduction in population and roadway centerline miles, and provided to the municipal portion with the County and municipal shares adjusted accordingly. For calculation purposes, the UMSA share of the County's portion shall be defined as 20 percent of the original 74 percent County share of the 1993 LOOT. The County's portion of the LOGT shall never be less than 80 percent of the original 74 percent share (59 percent of the total net proceeds distributed by the state). 6. Population figures used shall be the figures used to determine the annual distribution of the half cent local government sales tax pursuant to Section 219.60 (1) (a), Florida Statutes (1997). Centerline mile figures shall be based upon yearly figures submitted by each municipality to the Department of Banking and Finance in their Annual Financial Report and recorded by the Florida Department of Transportation as required by Section 218,32 (1) (a) and (4), Florida Statutes (1997). The population and centerline mile figures shall be updated annually with data current as of June 1 of each year. 7. Miami -Dade County will use its best efforts to spend two thirds of the County portion on transportation expenses within the incorporated municipalities. S. The percentages for distribution shall be calculated by the County annually. By July l of each year, the County shall notify all municipalities and the appropriate state agencies of the percentages for distribution of LOOT proceeds among the municipalities for the upcoming annual period commencing September 1. The percentage for distribution of LOOT proceeds to any city whose current population or centerline mile figures are not available shall be determined by the County based on the most recent available population and/or ccatcrline mile figures reported to the state. in the event that either the population figures and/or the centerline miles are 98- 869 + 07:13,9g 1s:30 FAX305375�`S MANAGEMENT AND BUDGE :� rQnlla proven to be incorrect for any given municipality in any given year. the correction to the percentage distribution will be made in the subsequent year gas tax distribution calculation. 9. Pursuant to Section 336.025 (5) (b), Florida Statutes (1997), disputes regarding the percentage of distribution to any municipality hereunder shall be resolved through an appeal to the Administration Commission in accordance with procedures developed by the Commission. Pending final disposition of such proceedings, the tax shall be collected and such finds sha11 he held in escrow by the Clerk of the Circuit Court of the County until final disposition is made. 10. In accordance with Section 336:025 (7), Florida Statutes (1997), the net procoeds of LOOT shall only be used for the following transportation expenses: a) public transportation operations and maintenance b) roadway and right-of-way maintenance and equipment and structures used primarily for the storage and maintenance of such equipment c) roadway and right-of-way drainage d) street lighting e) traffic signs, traffic engineering, signalization and pavement markings f) ` bridge maintenance and operation g) debt service and current expenditures for transportation capital projects in the above program areas, including construction or reconstruction of roads 11. In the event that a significant shift of responsibility for regional transportation services occurs between the County and the municipalities. this interlocal agreement can be renegotiated by the mutual consent of the County and the municipalities representing a majority of the population of the incorporated area of Miami -Dade County. 4 98- 869 ill 13.98 �11)\ 15:311 FAX 3053755168 MANAGEMENT AND BI'D(,"F- 0 IN WITNESSETH WHEREOF, the parties hereto have executed these presents the data first written above. ATTEST: HARVEY RU-1 N, CLERK By: Dcputy Clerk ATTEST: By: ATTEST: By: MIAMI-DADE COUNTY, a political subdivision of the State of F)orida By its Board of County Commissioners By: County Manager (SEAL) By: (SEAL.) (SEAL) 5 07.13/98 MOO 15:31 FAX 305375"" MANAGEMENT AND BURG' Q Z 006 ATTEST. - By: Approved as to form and legal sufficiency: • / � Assistant unty-Attorney WoeM498 By: (SEAL) 6 98- 869 C r f t Effect of incorporation of Av.entura _pipecrsst; a_Sch_(_�ix-cent local option _gas aX For calculation purposes 20% of the County's share is defined as Unincorporated Municipal Service Area (20% of 74% equals 15% of the total gas tax distribution). C,O A) Effect of Aventura and. Pinecrest;(using.ect, °(�change_and__dol(ar_i�r �pact_in FY 199�-96 to the_ ate} I Population Mileage °Lshare of total Dollar impact pp Aventura : 16,996 10.0 0.363888% $190,262 Village of Pinecrest : 18,988 103.0 0.663807% $347,078 The reduction to the 74 % County share of (increase to the cities)., Adjusted split betweea_the County ajnd tthe City�_ County share: 73.01 % Cities's share : 26.99% Total : 100.006W Reduction to the County's_share (increase to the cities share ) B)_E_ffect of_5ur ny_isles Beach Population Rileage 10 of Population Sunny Isles Beach 14,500 7.9 1.339480% Unincorporated Area: 1,068,010 3,735.4 98.660520% Total prior to incorp.: 1,082,510 3,743.3 1OD. 000000% Proj. % change due to incorporation is 14.01 % of the following # : or a reduction to the 73.01 % County share of: Adjusted split between the _County -_and the City:_ County share'. 72.86% Cities's share: _ _27.14% Total : � 100.00% Reduction to_th_e_Countv's_share (increase to the cities share_ Told:rs-4ucti9.nt4&Rw.nhr'-!�-stiore LWcr_"seAolhg We5-_§hale) 0.99% $638,000.00 ,_Q Mileage 0.211040% 99.788960% 100.000000% 1.057% 0.15% $83,000.00 $62"OUD % Total (75% _P_o_W-W9-mb) 1.057370% 98.942630% 100,000000% CITY OF MIAMI, FLORIDA so INTER -OFFICE MEMORANDUM TO Honorable Mayor and Memb s of the City Commission FROM: 1!! ona d H. In City Manager RECOMMENDATION DATE: AUG 2 C FILE SUBJECT: REFERENCES: ENCLOSURES: Local Option Gas Tax It is respectfully recommended that the City Commission adopt the attached resolution authorizing the City Manager to enter into an Interlocal Agreement with Metropolitan Miami -Dade County to provide for the distribution of a portion of the Dade County Local Option Gas Tax to be distributed to municipalities according to the terms and conditions set forth in the attached agreement. BACKGROUND Section 336.025, Florida Statutes authorizes counties to impose up to six cents local option gas tax upon motor fuel and special fuel. State law requires that the County share the proceeds of such a tax with its municipalities. State law requires that an Interlocal Agreement shall be negotiated by cities representing a majority of the population within all municipalities and that said agreement must be executed with the County. The City of Miami is expected to received 8.77% of $52,429,600. This amounts to approximately $4.599 million. The revenues are restricted for use on "transportation expenditures" and will be utilized to pay the cost of the City's street lighting program and supplement our street improvement program. Attachment: Resolution Agreement re -We •.-.1 • 1 The Mianti.-DI I County League F Cities, Inc. 7480 Fairway Drive, Suite 206, Miami Lakes, Florida 33014 Phone:305.557.1722 Fax:305-821.5228 OFFICERS Presldewt HON. JEFFREY A %ASHCON Nays. North Monti Beach First Vim Preddst RON. JOHN A. CAVALMN +w mayor, Miami SPdw Second Vlre Presldeet HON. WWREDO (W1LLY) GORT Commissia r. Afomi TLtrd VICE Prarldswt HON. Rs. SHIM Commissionq Fkdds City HON. REBECA SOSA mayor, West Af:mti Tressva HON. MIfCHELL KRZZER commismorter, SmtIMde BOARD OF DIRECTORS HON. KEN COHEN CommmAnw, Mamas HON. DANIEL S. TANTLEFF Councbmar4 Bat Harbour HON. ROBERT H. YAFFE Vale Maya, Bay Harbor W uds HON. JOSEPH LAMA= Commi rtia Bisosym Park . HON. W➢1.IAM H. KERDYK, lit l.0,111 aler, coal Gables HON. BEMY KAPLAN Board Member 4f== Dade Comay School Board RON. DAISY BLACK Mayor, E Pod HON. ISREAL ANDREWS CaUMMS&nq floods City HONJUDYCUENCA msycr. Goidm Beach HOW. CAJu¢r+ant.osveu. cotmualwomar4 Hiekah HON. GILDA CABRERA Mayor, Hiaish Gxdma HOM SIEVE SHIVER Mayas Hom mend HON. KENNETH FISHER idavm ],Agar Ciei BON, MICHELE PADOVAN Caalalmar4 Key B60rw HON. JACK MORROW Maya. ModLy MON. M.4MY L. MORALES Commisli Mimi-Dde Canty HON. NEISEN O. KASDIN mayor, Mimi Bsrh HON. MICHAEL H. BOYLE Nice Maya. Miami Shoes HON. HELEN GANNON Vice Mayor, heir i Spmv HON. IRVL40 LEIGH ON %loe mry North B" V&F HOW. FRANK WOLLAND Vic Mayor. North I&= HON. JAY IL CHERNObF C4undlo l.NatoMiniBelch HON. ALVIN M1= Nice Mayo, Op►I.ee m HON. CWDIE BLANCK Coma lwomark Famst HON. ARMANDOOLIVEROS, JR Coamisoaner Soles Miemi HON. DAVID SAMSON Mayor, S"W his Berl H014.PR1SCARARREIb Camwlwamin,Swehnft RON. EMILID GU RRA CoUrA& tr4V9*uGsrdaw PAST FUSIVEM HON.JAMMT. BARU& Canm�m� CeslGIbis HON. JOSEPH I GARDNER ComdMM Bri.Hsf6ae10mds HON. JOHN XURZI"N Vine Yalq Nos& VWW Bsrh HON. RAUL L MA17M Msyac itarlsh HON.1. L KlaW>R IL C-amalitta ,lily HON. AZINM SNYDER M Y04 Aemtas HON. PALL VOGEL, D.C. Mayor. North Bey VMW NOTICE TO GAS TAX COMMITTEE FROM: RUSS MARCHNER 7-13-98 Eseauthv DhT~ RUSS ALARCHNER C.eoeral Csmsel HOVVAAD B LEX'ARA I �J�{V�TI,�i.,J 07 5 Please find enclosed the latest version of the Gas Tax Interlocal Agreement which will be discussed at a committee meeting at 9:30 am, Monday, July 20, 1998, on the 27th floor of the Stephen P. Clark Government Center, 1 i 1 N-i%►% 1st Street, Miami. This is the same conference room pre-viously used. This notice and agreement have been sent to Miami, Hialeah, Miami Beach, North Miami, and the President and General Counsel of the Miami - Dade League of Cities. 98- 86-9