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HomeMy WebLinkAboutR-85-0688J-85-630 6/13/85 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH DADE COUNTY, IN SUBSTANTIALLY THE FORM ATTACHED, TO ESTABLISH A DISTRIBUTION OF PROCEEDS FOR THE PROPOSED FIFTH AND SIXTH CENT LOCAL OPTION GASOLINE TAX. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute an Interlocal Agreement with Dade County, in substantially the form attached, to establish a distribution of proceeds for the proposed fifth and sixth cent local option gasoline tax. PASSED AND ADOPTED this 20th day of June , 1985. ATTEST: eiLPH G. ONGIE ITY CLERK PREPARED AND APPROVED BY: ROBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY APPRO LUCIA A. DOUG CITY ATTORNEY FORM AND CORRECTNESS: Maurice A. Ferre MAURICE A. FERRE MAYOR CITY COMMIS OIS N MEETING OF J U N 20 1985 ESOLUIIO;y No. 85' 6 '81- EMARKS. TId"I'ERLOCAI, AGI'.F E; IEta'r This a.greeinent ent-.r_rnd inLc, this da,l of 1985, by and beL-wee-n I)CA)l Wide Coiint',', t''lol: i dil' it )-:C I i t.i c'Il subdivision of the State ()f Florida and the Cit.v of Niaini , and either the City of. Mianii Beach or the City of: Hialeah. I•'TTNI,SSETII t'IIIEREAS, Lhe 1985 Florida Leq.i slat.ure has authorized countries to levy a f.ift-.h and sixth cant local. option gas tax upon motor fuel and special fuel.; and WHEREAS, Dade County may determine to Levy said tax under the procedures of uhser.ti.on (3) (a) _l of Section 336.025, Florida Statutes, as amended by the 1.985 Florida Legislature and the parties wish tv provide a formula for distribution of the proceeds hereof as set forth bel.ow. NOW 'FEREFORE in consideration of the covenants contained herein, the receipt anc? adequacy of which are hereby acknowledged by all parties hereto, if.: is agreed. as follows: 1. 'Phis agreement shall become effective upon its approval by the governing bodies of both t-he County and the City of Miami, and of the governingT body of either the City of Hiami Beach or the City of Hialeah and execution by both the County and the City of Miami, and either the City of Hialeah or the City of Miami Beach, and shall terminate August 31, 1988. 2. The net proceeds of any fifth and sixth cent local option gas tax levied and imposed by Dade County shall be allocated on the basis of 74 percent (the County portion) to the County and 26 percent (the Municipal portion) to all eligible incorporated munici.pal.i Lies in Dade County, r.lori.da pursuant to Section 336.025(6), Florida Statutes, as amended. Net proceeds :shall. mein the f i. f L12 and s.i.x L-h den t- I ncal. option gas tax collected by the r 1orida Department of Revenue 85-688. (DnR) .less Oic Amount rcLainecl by the DOR for. administration as rrovided in Section 21-5.20, Florida Statutes. 3 `- 3. The i1unici-pal nor. Lion of the fifth and sixth cent ,'. x ]ocal opL-iorl tax sl a"I.l. be distributed among the eligible i- incC)rporated municij.alitJos in Dade? County, F1ov-ida, based oil a formula as follows: 1) seveI1 Ly-f lve porcen 1. (% 5 %) bc-i.secl upon tile ratio of the 1J0I,111 a ti oil W. C?acll el i-(JI.hle r. incorporated Mull i ci p, l i t:y com}.7lrecl. t.o the total populat-ioIl of 111, el.i.gi.ble i-ncorporaLed municipal.iti-es in Dade County; and 2) twenty-five percent-. (25%) based upon the ratio of total. centerline mi-les of roadway maintained by ench e.1i.(li.hl.e incorporated municipality compared Lo the toga]. cenLer..li) miles s. i maintained by all el-.i.q.i.ble incorporated municipalities i in Dade County. Population figures used shall be the figures used to deterrli.ne' "..r the annual distr-ibution of' Hie 1/2 cent Local. government s sales tax pursuant to Sec Lion 21.8 .60 (1.) (a) , Florida S t:a to tes . Centerline mile figures shall be based upon yearly figures submitted by each municipality to Lhe Department of Banking and Finance in their Annual Financial Report and recorded by 9 the Florida Department of Transportation as required by Section 218.32 (1) (a) and (4) , Florida Statutes. The population at M igt• � ` Yt ` and lane mile figures shall be updated annually with data current as of July 1 of each year. 4. The percentages for distribution shall be cal.cul.ated by the County annually. By ,7uly 15 of each year, the F County shall notify all municipalities and the appropriate State agencies of the percentages for distribution of fifth and sixth cent local option gas tag: proceeds among the municipalities for the upcomi-nq annual period corunencing Page 2 of 4 its 0 September 1. The For di st.ri lotion of fifth and sixth rent lcical. opt--ic,r► (iI;ls 1.nx Lo atly ci.Ly whose cut"1"ent rn-P11.I1t..]oil ov ('erltr?1-11(-' in 10 u7-os i.s iiot'. avai.lnble shall be determined Icy Lhc, c'„►inl y hilt' d c,n 1 ho 11u1:;L. recent available popul aLion and/or 1 onl mile C i clures rej)ovLed to the State Department. of ]'r►n�;t�orL�rticllr. 5. Pursuant to rec-H-on 330.025, Vk-) ..idn cu►LuLes, disputes regardinci the 14erc-nnLayes of di;;1-.1 i111►Lio11 Lo any municipality hereunder S11,11.1 l)e resolved by j1c1mirl_i.st:rati.ve hearing pursuant to Section 120.57, Florida Statutes, with right of appeal to the AdminisLration Commission. 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. 6. In accordance with Section 336.025(c), Florida Statutes, as amended, the net proceeds of the local option gas tar, shall only be used for the following transportation expenses: (a) public transportation operations and maintenance; (b) roadway and right-of-way maintenance and equipment; (c) roadway and right-of-way drainage; (d) street lighting; (e) traffic signs, traffic enctineering, signalization, and pavement markings; (f). bridge maintenance and operation; (cf) debt service and current- expenditures for transportation capital projects in the above Program area, i11CIAld.L119 construction or reconstruction of roads. hale 3 of 4 ryA, • 01 IN WI'1HESS 1,111EPE0I--', t_h(-, I)arties have caused tlli_s agreement to he executed by their resp(-r-tive and drily auL-hor.ized officers on the date liereillahc)ve first- T'1C'_11ti-Oile(1. 111-:TR01'01-.T TAN DADE COUNTY, F1.,012I DA ATTEST: Richard P. Brinker, C1er)k (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) 1s'xecu Led under author. i. Ly of Cil.y P.esoJ.ui:i.on No. A."TF,, 'r : (Official Seal.) Tt y . _ _ �1 . RR. S Herhe im 1:)a Le CounLy Manacler CITY OF MIAMI By: City Manager Date CITY OF HIALEF.11 l3.Y : Mayor Date CITY OF MIAMI BEACH By: _ City Manager. Date pane 4 of 4 ` t �. 85-6938 _ (-A7Y or MIAMI. r1_01110A IN'rrR-C)rrIrE MEMORANDUM �O The Hnnorahle Mayor alld MAtnhnrs r Orr of the City Commiss1011 �rrA.rTrt rnnr.f Sergin pe.reir r>rrrnrrr ry City Man IfTer f r7."1 nrlrlpr •; ,111ne 19, 1985 rILE: JNTE,RLOCALY AGREEMENT WITH DADE COUNTY FOR FIFTH AND SIXTH CENT GAS TAX It is recommended that the Commission authorize the City Manager to enter into an INTERLOCAL AGREEMENT WITH METROPOLITAN DADE COUNTY for the distribution of the FIFTH AND SIXTH CENT LOCAL OPTION GAS TAX, substantially in the form attached herein. Metropolitan Dade County is considering imposing and levying an additional FIFTH AND SIXTH CENT LOCAL OPTION GAS TAX under authorization granted by the 1985 Florida Legislature. The County Commission approved the Ordinance on first reading on June 18 and will hold a public hearing on July 16. The Interlocal Agreement discussed herein is for the purposes of distributing the revenue from the additional gasoline tax. The County Commission has the sole authority to levy the tax. The Interlocal Agreement allocates 74 percent of the gas tax proceeds to the County and the remaining 26 percent to the cities ` based on municipal population and centerline miles of road. This is the same as the 1983 Agreement between the City and the County which was the result of extensive negotiations. The City of Miami will receive an additional $1.6 million annually from the new tax. It should be noted that the 1983 Agreement stipulated that the County, in addition to the 26 percent directly allocated to the cities, would spend two thirds of the county allocation within municipal boundaries. The County had initially removed this clause from the new Agreement. However, after discussion earlier this week with the City of Miami, Hialeah, Miami Beach, and the Dade League of Cities, the clause will be reinstated in the Agreement. It is essential that the new Agreement be executed by July 1, 1985 or, under the terms of the State Statute, the funding formula would revert to 87 percent for the County and 13 percent for the Cities. The original Agreement offered by the County, the proposed County Ordinance, and a background memorandum are attached. t: � � J tx;'i' • ORDINANCE I•40. Agei. A Item No. 4 (g) 6/18/85 ORDTNANCL; AMENDING CHA1'TEIR 29 OP `I'II1 CODE OF MFTROPOL.T.TAN DADF COUNTY TO LEVY AND IMPOSE A FIFTII AND SIXTH CENT LOCAL OPTION GAS TAX; PROVTDING PERIOD FOR WHICH TAX SHALL BE IMPOSED; PROVIDING METHOD FOR DISTRIBUTION OF PROCEEDS OF TAX; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE 1,711EREAS, the 1985 Florida Legislature has authorized counties to impose an additional fifth and sixth cent local option gas tax upon every gallon of motor fuel and special fuel; and WHEREAS, this Board has previously' imposed and levied a first through fourth cent local option gas tax; and MIEREAS, Section 336. 025.(3) (a) 1, Florida Statutes as amended by the 1985 Legislature, permits counties to establish by interlocal agreement, with those municipalities that represent a majority of the incorporated area population within said county, a distribution formula for apportioning the proceeds of the fifth and sixth cent gas tax among the County and all eligible municipalities in the County; and WHEREAS, the county has reached agreement with those cities that represent a majority of the incorporated area population within Dade County, as to the ,formula for distributing the proceeds of any fifth and sixth cent local option gas tax levied by Dade County. NOW, 'I'll E RE1,70I1E, i3H IT ORDATNEM I3Y THE BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, l�I,OR:LDA: Section 1. Chanter 29 of: the Code of Metropolitan Dade County is hereby amended by adding the following: Article VIII. Fifth and Sixth Local. nt-)Lion Gas Tax Sec. 1. This ordinance shall be known as the "Dade County fifth and Sixth Cent Local Option Gas Tax Ordinance." fi /'A Aqe, a Item No. 4 (g) Page No. Two Sec. 2. Pursuant to the procedures of Section 336.025(3)(a)l, Florida Statutes, as amended by the 1985 Florida,Legislature, this Board by a majority plus one vote of the Board hereby levies and imposes a fifth and sixth cent tax on every gallon of motor fuel and special fuel sold in Dade County, Florida and taxed under the provisions of Chapter 206, Florida Statutes. This tax shall be known as the "Fifth and Sixth Cent Local Option Gas Tax", and shall be imposed as of September 1, 1935 for a ,period of three (3) years. Sec. 3. As set forth in an Interlocal Agr.eemenL elitered into by the County and those cities representing a majority of the population of the incorporated area of Dade County, the County agrees to di.st-ri.l)llte the net proceeds of the fifth and s i xt,-.h vent local option clas L-ax, 74 percont-. h) 1-he Cotint:y and 26 percent t-.o he disLHhut'ed by formula among the e l i (t i h l e i I1cr))-pnra ted muni.(.:i-1)al..iLiec. .i.n I��l(le �'(,unLy. Sec . 4 . `t'h i s ord i Il�lnr.(, i s adopL-ed and shall be subject Lo t:lie provisions of SecHon 330.025, 1.984 Siipp i.emontL of F l or i da Sta Lu t:es, as amended by SecL.lon 33 of Lhe 1985 P lori.da House -111(1 selia l-Al 0)Ii ft'.1'efice C ol1 .1111f tt:Ce Atilendmonis t.o Commi LLee Stibst-i t_llt:e for House Bill. 1.392. Sec. 5. If for any reason, the interlocal r-ldreelnent herein referred to shrill be terminated or deemed of no force and effect, the fifth and sixth cent local option cias tax shall. continue..to be imposed and upon notification by th6County, the Florida Department of Revenue shall distribute the proceeds of said tax to the County and eligible municipalities within the County in accordance with the method set forth in Section 336.025(4), 1984 Supplement to Florida Statutes. Section 2. Immediately after adoption of this ordinance, the Clerk of the Board is hereby directed to send a certified copy of this ordinance by registered mail to the Director of the Florida Department of Revenue. Section 3. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall' not be affected by such invalidity. r 85-688. - lit Agenda It -in No. 4 (g) Pace No. Three Section 4. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Metropolitan Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. Section 5. The provisions of this ordinance shall become effective ten (10) days after its enactment and shall remain in effect until August 31, 1988. PASSED A14D ADOPTED: Approved by County Attorney as to form and legal sufficiency. -- ,tip �.• r . wr A , lyR fi4f i Agenda It No. 4 (a} 1 ''fir ., ( ) 6/18/85 RESOLUTION NO. arc. d i RESOLUTION AUTIIORIZING EXECUTION OF INTERLOCAL AGREEMENT BETWEEN BOTH DADE COUNTY AND THE CITY OF MIAMI AND E17111311 THE CITY OF HIALEAH OR THE CITY OF MIAMI BEACH TO ESTABLISH A DISTRIBUTION OF PROCEEDS OF A FIFTH AND SIXTH C17INT LOCAL OPTION GAS TAX t miEREAS, this Hoard desires to accomplish the purposes f outlined in the accompanying memorandum, a copy of which is i 3 i incorporated herein by re.f-er.ence, i i NOW, THEREFORE, BE I`1' BY TIll, BOARD OF COUNTY 1 COMMISSIONERS OF DADE COUNTY, FLORIDA, that this Hoard 1 approves the interlocal. acireement ill subst-anL-ially the form i as is attached hereto beLween both made County and the City of Miami, and either Hie City of. Eial.eah or. the City of Miami Beach, for the in"rlx)se of establishing a distribution of proceeds of a fifth and sixth cent local option gas tax; and authorizes the County Manager to execute same on behalf. of Dade County after proper execution by all the cities that are parties thereto. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Barbara M. Carey Clara Oesterle Beverly B. Phillips James F. Redford, Jr. `Harvey Ruvin Barry D. ,Schreiber Jorge E. Valdes Sherman S. Winn Stephen P. Clark The Mayor thereupon declared the resolution duly passed and adopted this day of , 1985. Approved by County Attorney as to form at l gal sufficiency, t r DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS RICHARD P. BRINKER, CLERK Dy: Deputy Clerk 85-688 . MEMORANDUM 07 _ 1 7 A t'' Honorable Mayor and Members OATe June 18, 1985 Board of County Cormnissioner-s sueJecT Fifth and Sixth Cent Local Option Gas Tax rn�.i.� M. P. SlArrheim 1 County Manager L J RECOMMENDATION: 11, is recommended that the Board approve two actions related to the recently authorized fifth and sixth cent local option gas tax: 1) a resolution approving an interlocal agreement with both the County and the City of Miami and either the City of Miami Beach or the City of Hialeah which specifies the distribution of proceeds should the tax be imposed, and, 2) an ordin,ancn, on first reading, imposing and levying the fifth and sixth cent local option gas tax. BACKGROUND: As reported to the Metroiinlitan Planning Organization (MPO) at its meeting on June 12, the 111W; Flnrida Legislature authorized counties to levy an additional fifth and sixth cent local option gas'tax upon all i° motor- fuel and special fuel sold in the county and taxed under the provisions of Chapter• 20r, f-lorida Statutes. Uses of the funds collect- z'' ed remain statutorily restricted to the transportation -related ' expenditures permitted for the current local option gas tax. Adoption of the fifth and sixth cents require approval by a majority plus one vote of the Board. The additional two cents is estimated to yield approximately $11 million t,n the county, assuming the same distribution with the municipalities, which will in turn share approximately $3.9 million. The alternative methods of distributing the tax proceeds between the 1 County and cities under the law remain essentially unchanged. These alternatives are to enter into a negotiated interlocal agreement or to follow a statutorily prescribed formula using respective transportation expenditures over the preceding five years. Given the extensive negoti- ations with the municipalities on this point in 1983 which produced the existing mutually satisfactory agreement, it is recommended that the new agreement contain the same funding formula. Although, according to the Statute, the agreement needs the approval only r cities representing a majority of the incorporated population, it is recommended that the new agreement be submitted to the si natories of the current agreement (Miami, Hialeah, and Miami Beach for execution. In addition to these cities, we plan to meet with and seek concurrence from the Dade League l of Cities. The agreement allocates 74 percent of the gas tax proceeds to the County and the remaining 26 percent is shared by the cities based on municipal population and centerline miles of roads. It should be noted that when the amount of the County's transportation related expenditures which are made inside municipal boundaries is considered the benefits to the cities from the gas tax are much greater than the 26 percent r allocated to them by the formula. For this reason we are recommending the elimination from the new interlocal agreement of the clause, =sr included in the existing agreement, requiring two-thirds of the County proceeds be expended within municipal boundaries. - c Al though the law permits a 30 year term for bonding purposes, plans for a hnndinc lit will require substantial time to develop. It is, 1 i y' I p• therefore, recommended that the new agreement be fixed to end at the same time as the existing agreement (August 31, 1988) and that a 30 year ayreomerrt be negotiated when all parties are prepared to market bonds. ilonnralilr, MaYnr and i•inrnhrrs 11olrrl of f,rr11r11 Cnmmissiourrs 1' •1 t i l hr O a f ti to rnrtu i r n5 t,h.� t, t hr i n f.nrl or., agreemr, alternative be pyrr;lrtnrd prin►• to July i, in nrdnr to impose the tax as of September 1, j left!;, lit i.hr nvrnt an i►rlr►•ln.al ,igr•r?rmnnt is not reached by that time, and i.hr ltnarcl t�rishrs to irnpnsr t.lre tax, a resolution of intent to levy Llre t.ax is r•erluirrcl tin Ia1.r1, t,harr July 15. In the latter case, the d i s t,►- i llii i, i n n f procr'nrls rnvort-s to the statutory formula —reducing the j amount. available to On citirs, In r order to affod the cities the irrnlrot•i innil.rly yrr,ll,rr llnilld t-hr, hoard adopt the tax, your auI,hnri»tion is rrrlursI,vd to rY,rr:utr, an int.erlocal agreement (copy at.tactrrrl) follrwinj '11111rnval by the appropriate municipal governing bodies prior in ,1111y I. Also, on tnclay's agrncda for your r,onsirleration is an ordinance levying and imposing thr fifth and Oxt.h c:enl, heal option gas tax. The second reacting of the ordinannce should hp scheduled before your summer recess because the Statute requires thr tax to be in effect on September 1. As the Board is avrare we hr.gan preparation of this 1985-86 budget facing a $31 million shortfall. Such a shortfall would entail reductions in current service levels. If this ordinance is passed on first reading, the 1985-86 Proposed Budget, which must by law be released by July 15, will assume receipt of fifth and sixth cent local option gas tax funds and will outline the proposed uses of these funds. 3G.t tZ tf x i i 2 � t i1. 3 1 1 Y � K � i 4 r<l i 8s--619R.