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Home My WebLink AboutR-88-0464J-88K454 6/6/88 hEEOLUTION NO. A RESOLUTiON AUTHORIZING THE CITY MANAGED TO ENTER INTO AN AGREEMENT INTO AN INTERLOCAL AGREEMENT WITH METROPOLITAN DADE COUNTY, MIAMI BEACH, AND HIALEAH TO PROVIDE FOR THE DISTRIBUTION OF A PORTION OF THE DADE COUNTY OPTIONAL GAS TAX TO BE DISTRIBUTED TO MUNICIPALITIES ACCORDING TO THE TERMS AND CONDITIONS SET FORTH IN THE ATTACHED AGREEMENT. WHEREAS, Section 336,025, Florida Statutes (1987) authorizes counties to Impose up to six cent local option gas tax upon motor fuel and special fuel; and WHEREAS, Dade County proposes to Impose and levy said tax under the procedures of subsection (3) (a) 1 of Section 336.025, Florida Statutes (1987); and WHEREAS, the State Law requires that the county share the proceeds of such a tax with municipalities; and WHEREAS, said State Law requires that an interlocai Agreement shalt be negotiated by cities representing a majority of the population within all municipalities; and WHEREAS, the population of Miami, Miami Beach and Hialeah equals more than the majority of the municipal population; and WHEREAS, Dade County has agreed to share 26% of the proceeds of said tax with eligible municipalities with Dade County; and WHEREAS, an agreement has been reached by representatives of these three cities as to the distribution of the municipal share (26%) of the proceeds of the gas tax; and WHEREAS, said agreement must be executed by June 1, 1988 in order to comply with the State Law; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: ATTAPHatl7�1 0 El CITY COMMISSION MEETING OF MAY 12 1988 )N Na88--464 Seotion 1, the City Manager It hereby authoriged to execute the att9ithed I nter I oc& I Agreement with Metropolitan Dade County, the City Of Miami beach and the City of Hialeah to determine the portion of the gag tax to be shared with all InUnIC113alitleg (2696) and the formula by which the munICIP&I Share will be distributed among the eligible cities, PASSED AND ADOPTED this 12th day of May 1988. XAVIER L. SUAUY, MAY ATTEST: A-AWTY H I RA I , CITY CLERK PREPARED AND APPROVED BY: ARK RO ERT- 4� 0 CHIEF I HIEF �DJE�PU Y CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: LUCIA A. DOUGHERTY CITY ATTORNEY INTERUCAL AGREEMENT This agreement entered into this day of �.� 19889 by and between Dade County, Florida, a political subdivision of the State of Florida and municipalities representing a majority of the population of the incorporated area of Dade County. W WHEREAS, Section 3366025, Florida Statutes (1987) authorizes counties to impose up to a six cent local option gas tax upon motor fuel and special fuel; and WHEREAS, Dade County proposes to impose and levy said tax under the procedures of subsection (3) (a).1 of Section 336.025, Florida Statutes (1987) ; NOW TEIER MRE in consideration of the covenants contair:ed 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 and of municipalities representing a majori- ty of the population of the incorporated area of Dade County and shall terminate August 31, 1993. 2. Should Dade County impose and levy a local option gas tax of up to six cents effective September 1, 1988, the net proceeds thereof shall be allocated on the basis of 74 percent (the County portion) to the County and 26 percent (the Municipal p(irtion) to all eligible incorporated munic- ipalities in Dade County, Florida pursuant to Section 336.025(6), Florida Statutes, (1987). Net proceeds shall mean the local option gas tax col- lected by the Florida Department of Revenue (DOR) less the amount retained by the DOR for administration as provided in Section 215.20, Florida Statutes (1987). 3. The Municipal portion of the local option gas tax shall be dis- tributed among the eligible incorporated municipalities in Dade County, Florida, based on a formula as follows: a. Seventy- ive percent cased upon the ratio cf the population of each eligible incorporated municipality co=ared to the total population of all eligible incorporated municipalities in Dade 0; Court,; and b) t:.tenty-five percent based upon the ratio of total centerii.�e mile -a cf roadway rraintained t,r each eligible 9S-464 4- incorporated municipality compared to the total centerline miles maintained by all eligible incorporated municipalities in bade County. 4. Population figures used shall be the figures used to determine the annual distribution of the half cent local government sales tax pursu- ant to Section 218.60(1) (a), Florida Statutes (1987). 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 (1987). The population and centerline mile figures shall be updated annually with data current as of June I of each year. 5. Dade County will use its best efforts to spend two thirds of the County portion on transportation expenses within the incorporated munic- ipalities. 6. The percentages for distribution shall be calculated by the County annually. By July 1 of each year, the County shall notify all municipalities and the appropriate State agencies of the percentages for distribution of the local option gas tax proceeds among the municipalities for the upcoming annual period commencing September 1. The percentage for distribution of local option gas tax 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 center- line mile figures reported to the State Department of Transportation. 7. Pursuant to Section 336.025, Florida Statutes (1987), disputes regarding the percentages of distribution to any municipality hereunder shall be resolved by administrative hearing pursuant to Section 120.57, Florida Statutes (1987), with right of appeal to the Administration Commis- sion. Pending final disposition of such proceedings, the tax shall be collected and such funds shall be held in escrow by the Clerk of the Circuit Court of the County until final disposition is made. 8. In accordance with Section 336.025(c), Florida Statutes (1987), the net proceeds of the local option was tax shall only be used for the follow- ing transportation expenses: a) public transportation operations and maintenance; b) roadway and right-of-way maintenance and equipment; 98-464 d) street l ghtiMs" e) traffic signs, traffic en;�neering, signali anon 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. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their respective and duly authorized officers on the date hereinabove first mentioned. ATTEST: Richard P. Brinker, Clerk Executed under authority of City Resolution No. ATTEST: City Clerk (Official Seal) Executed under authority of City Resolution No. ATTEST: City Clerk (Official Seal) Executed under authority of City Resolution No. ATTEST: City Clerk (Official -Seal) METROPOLITAN DADE COUNTY, FLORMA By: Dewey W. Knight, Jr. Interim County Manager By: ate Cit-f Or MIAW rLORibA INtltft=L FFICE MEMORANOUM Honorable Mayor and Members of the City Commission r Cesar H. 1 City Manager RECOMMENDATION aA=E May 12, 1988 tiLE se.E: Resolution Authorizing the City Manager to enter into an Interlocal Agreement re: Local Option Gas Taxes 4ErEpEVCES t%Z,C5.pE5 it Is respectfully recommended that the City Commission adopt the attached resolution authorizing the City Manager to enter into an Interlocal Agreement with Metropolitan Dade County, Miami Beach, and Hialeah, 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. DISCUSSION Metropolitan Dade County is proceeding with the required steps to continue the current six cent local option gas tax, which would otherwise expire on August 31, 1988. The first step is to extend the current Interlocal agreement between Metropolitan Dade County, the City of Miami , the City of Miami Beach and the City of Hialeah. It will provide for the continued distribution of the proceeds of this tax as it has for the past five years. Of the $46 million, predicted to be collected next year, the City of Miami will receive 10.15% or approximately $4.7 million, by applying the distribution formula outlined in this agreement. Other cities will receive amounts ranging from $2.3 million to $124,000 based on the distribution formula. These revenues are restricted for use on "transportation expenditures" and will be utilized to pay the costs of the City's street lighting program and supplement our street Improvement program pending the passage of a Highway G.O.B. referendum. Attachments: Resolution Agreement 819-464: