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HomeMy WebLinkAboutR-93-04841) J-93-546 7/21/93 193- 4u4 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH METROPOLITAN DADE COUNTY ("DADE COUNTY") AND MUNICIPALITIES REPRESENTING A MAJORITY OF THE POPULATION OF THE INCORPORATED AREAS OF DADE COUNTY TO PROVIDE FOR THE DISTRIBUTION TO SAID MUNICIPALITIES OF A PORTION OF THE PROPOSED DADE COUNTY OPTIONAL GAS TAX, SAID AUTHORIZATION CONTINGENT UPON DADE COUNTY IMPOSING AND LEVYING SAID LOCAL OPTION TAX. WHEREAS, Section 336.025, Florida Statutes (1993), authorizes counties to levy a local option gas tax upon motor fuel and special fuel, not to exceed five cents ($0.05), said tax in addition to the six cents ($0.06) local option gas tax now in effect; and WHEREAS, State law requires that the counties share the proceeds of such a tax with municipalities; and WHEREAS, pursuant to Resolution No. 93-337, adopted May 27, 1993, the City Manager was authorized to negotiate with Metropolitan Dade County to optimize the financial return to the City of Miami; and WHEREAS, on July 15, 1993, the Board of County Commissioners of Dade County reached an agreement with the municipalities which is reflected in the Interlooal Agreement, attached hereto; and A T T cm COMMISSION MEETING OF J U L 2 2 1993 iResolution No, -�`93- 484 WHEREAS, Florida Statutes require that said Interlocal Agreement must be executed by the municipalities prior to September 1, 1993 so that the tax may be levied by Dade County before November 1, 1993; 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 Metropolitan Dade County ("Dade County") and municipalities representing a majority of the population of the incorporated areas of Dade County to provide to said municipalities a portion of the proposed Dade County Optional Gas Tax, said authorization contingent upon Dade County imposing and levying said Local Option Tax. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 22nd ATTEST: ITATTY HIRA CITY CLERK _ day of July 1993. C_- XAVIER SUAREZ, MAYOR -2- 93- 484 PREPARED AND APPROVED BY: RA EL 0. DIAZ DEPUTY CITY TORNEY APPROVED AS TO FORM AND CORRECTNESS: A f QWTW ) ES, II CITY ATTORNEY ROD:osk:bss:M3751 -3- 93- 484 (i /03%93 09:49 '&306 375 5611 BADE ('OUNT`f A1'T'i 1 1.N^fiRLOCAL AGREEMF.r This agreement entered Into this, day of 1991, by and between Dade County, Florida, a P013-,_ic,al nubdivi.- aic,:y ;fir" the 5ta:e of rwori.da and the sJLgratc)ry municipalities representing a majority of she population of tllc incorparated area of trade Counts. W1'TNEFi WF:> REAS, Section 336.025, Florida StaL,utes (1993) av;thorized c<7Lnti.es to impose, in add,.t i:>n to other local gc.p taxes, up to a five cent local ,apticr gas tax upon motor fi-el For capital improvements aasoci.ated writh the capital ir.;proveme.,ts element of an adopted r:om.prehensive plan; and WFIERSM5. if imposed and levied, Dade County p::;,poses co impose and levy said tax under the procedures of Sec t4on 336.025 !1) (b) (2), Florida Sra.tutes (1993) or Chapter 33-206, Laws at Florida; NOW THEREFORE in consideration of the Covenants ecintai.ned herein, the receipt and adequacy cf which are hereby acknowledged by s'1 parties hereto, it is agreed as follows 1. This agreemerc shall bacame effective upon its approval by the governi_nq bodies of the Co-anty and of mun=cipa+ities representing a majority of toe— population of the incorporated area of bade County anci upon impoeition of the capital improve- ment:$ -gas tax and shall be.. in affect for the life of the capital impr_ verve nts 100a.1 apt l on gas tax. 93- Os4 , 1�J2.•�1:7:'y_ 3 t�.�' :ail e305 375 $611 i>UT "OUhTY M-* 2. Should Dade County impost: and Ze,.y a lac:al optian roe tax of up tO five exits effective January 1, 199 ; , the nei proc;eedq tbereo£ shall be allacat-ed vn the basis OF 74 nerk,ent to the :runty !the County portion) and 2G percent Co all e igible :ncorroratrei inunicipa".itie> rthe Municipal portion) in r,:�de County, FLri da purs',.iart to Section 336 , 025 ;5) , Florida Stat4tea, (1993j. If the transpnrta.tion component of a general obligation bond .ias,ula, e.g, , Dade 2000, is approved by the voters, the Cities` portion of the tax collected will increase to 33 percent and the Cotian.iy's portion will decrease to 67 percent; h*:swever, if the transportation component icy re'eca`.ed by the voters, ziie municipal ,portion wj.11 be reduced to 20 percent_ and the County' s portion will increase to 80 percent. Net proceeds shall mean the +cca1 optic;n gas tax co' I ected by the Florida Department of Revenue (DER) less the administrative cost retained by the DOP, as pzaxidad in Section 215.2..0, Florida Statutes (1993) . Any charge to the distribution between the County and the cities based upon the success or failure of the transportation component of a general obligation bond program will be ?affective on the Septem- ber 1., immediately fc1lowing such referendum. 3. Not leas than twenty percent of U.,e total funds oollected shall be utilized by the County for man cipal transportation sezvices in unincorporated Dade County. 4. The Municipal pc)rtion of the local option gas tax shall be distributed among the eligible 4nCorporatad municipalities in Dade County, Florida, based or. a formula as follows: a. Seventy-five percent based upon the Zatici of the 2 93- 41 z ou . (i13 't+Jr53 09 e3es 375 5F 11 UAL E FOUNT"i A'rT*f popu.Lai.1 c i of each el .gible incorporated mun c i - pality compared to the total population of all eligible itic o po.ratad mur.:,ciral;Lties in ')ade County; and b. '1'wpnty--10-4-e percent based upor. the ratio cf Total centerline miles t:,f roadway maintained by each eligible incorporated municipality compared to t!)e total centerline males maintained by all eligible :incorporated municipalities in Dade :aunty. 5. P p+elation tiqures shall be based or. the figures used t••D det.emine the annu.a7 distribution of the half cent local governmer_t sales tax pursuant to Section 218.,FO (1) (a) , 71orida S~..at.tYt'.es 11992, ` Centarl i.re mile figures shall i_ie based upon . yearly figures, submitted i;y each municipality to the Department of Banking and Finance in their Annual Financial Rep.►rt and recorded by the t'lorida bepartmant of Transportation as wecraired by Section 218. °2 i].) (a) and (4) , F3.c,r.ida Statutes ('L-492) . The popu: at i.c m and centerl ne mile figares shall be upda.r_ed an:ually with data current ae of June 1 of each year. 6. The percentages for distri;,u"ian shall 'oe calculated by the County annually. By July i of each year, the Couri4y shall notify a=1 muric:ipalities and the appropriate Stare agencies of tha percentages for diatri.bution of the capital impx•ove'cents local optior_ gas tax proceeds among Cite municipalities for the upc:omir.,:-. anr.•.ial peri _,d commencing Sep ember 1. The percentage for distribution of Capital imp-rcvements local ,;ption Sas tax prccee:ds to any city whose current population or centerline mile 3 93- 484 ��$• c)3%v3 i1a �: $3��� .'r5 5c11 DACE QUNT%' AM �Ja` figures are not availabl-_ shell. tie decerrtined by the County based on the most recent available ptnulation and/or.- centerl -,ne mile figures reported to the 7tatta . ,"dry chance in percentage di:st-ri.but:ions reTulred by eectioZ 2 above shall be resported to the State by the first of July, fsllcwi.pg t`i� genaral obligation bond referendum. I. Pursuant to Section, 336.05 (b) , Florida Statutes disputes rega-rding the Nexcent:ages of d_stribution t.c any municipality hereunder ahall be re,solvPd through an appeal 4o the Admini.straticn Commission 1r. accordance with procedures developed by the commission. ?ending final disposition of suc-'A Proceed- ings, the tax shall be collected and such funds shall be held in Escrow by he Clerk of. the Circuit Court of the Co,int:y until final disposition :Ls made. 6. In accordance with Section 336.025, Florida State:teS (1993). as amended by the 1993 Legia=attire, the net proceeds of the capital improvements local option gas tax (rot to exceed five conr_s) shall onr.y be ueed f02- transport-attirr- expo nsea needed to meat requirements of the Capital l^:provement Element (CIE) of an adopted cotrpreh.tnsive capital. Mar.. Transportation expenses shall be limited to they programs defined in Florida Statutes 336 .025 ('.'j . 9. The prc,viaione container] herein shall in no way affect the distribution p,Lovisior&s of the i:-.ter'local agreement gove-rnirg the exieting six cr•.nt local opciu_c gas tax imposed puzauant to Florida Sta.t.ute&i 336 . c'25 . 4 33- 484 0,0'41 .93 (3y3 5 '$ UG "4'l5 56i DARE ATTY 7jow; 10. Sy J-one ist of each rear, to be eiicgib?.s fcr gas tax funde, each city must cer-*.fy ; Q the �'ounty t..Ht they are us!ng thie tax proceeds in accovd:ince with Sec.tior. 336. G2a (' i (b) (3) , Florida Statutes (1993) - Said. ceztificatioii is to i.-.cluck a list of projects in t`ce CLE of �:he city, s adopted comprehenoive plan and indirate which projects are to be funded with the pLoceeds of this local. option ga4 tax. 'Th a cam-r-i i.catricr. will we fo'-'waxded to the, Mstrcpclitan ?l.ann-Ing Organization. If a City fails t..r_ meet the ce.-tiiication requirements, the portion of the. ?tax that is doe to them, shall revert to the County. 11. The CcJunty saa.il have -lhe to request an audit of (ands allocated to a city to assure funds are utilized in accox- Liance with State law. 5 93- 484 c);,• ,�- • ;;:: +9 :+7 '$`fit%� :;7 :,6'.1 i.i.ai•,E COI.NT'i AM t'+l 7N WITNESS TATHERSOP, the pamies have !_aused th.4 s .agreement to be executed by their respective and dilly aL.&:horj ed. otf i cerg oi, Lhe date herainatbcve first mentioned. PTTEST: Harvey Ruvin, Clerk city of Hialeah E;xes^uted under authority ai City Resolution. No. A!j'TEST : City (off icial Seal) Ci .y of Miar.i Exezute:i under authority of City- Resolution No. jV"' i S T City {:Lark ,t�fficia? Seal? City o£ C—ity c)f Miami Beach Executed under authority of City E.e©olut i on No. __ ATTEST: MB'I'L• OPOLITAN DADS COUNTY, FLORIDA By _roaquin G. Avina, P.E.,P•L.S. County Marage tr By By: City Ce�'k (official Sea_) r (Date) 93- 484 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM : Cesa io City ager DATE JUL 1 21991 FILE : SUBJECT : Local Option Gas Tax REFERENCES: ENCLOSURES: I have been informed that the Dade County Commission will defer its consideration of an ordinance levying an additional five cents per gallon local option gas tax from July 13, 1993 to July 15, 1993.: Per City Commission Resolution No. 93-337, City staff has negotiated with Dade County and other municipalities regarding the percentage distribution of proceeds from the additional tax, if passed by the County. As the July 22, 1993 City Commission meeting is the last opportunity for the City to consider approval of an interlocal agreement governing this distribution formula before the September 1, 1993 deadline imposed by Florida Statutes, discussion of this item has been scheduled. If Dade County approves the tax on July 15, 1993, an interlocal agreement may be presented during discussion on July 22, 1993. 93- 484