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HomeMy WebLinkAboutR-83-0552J-5.3-558 is s RESOLUTION N0. 33- A RESOLUTION AU,rT ORT^T°Jr TJIE CITY MAMA(;E'R TO I-:'I`I EI R I N'T(:1 AN AGRF'!:'NI :NT WITH METROPOE tTAP. DAD!'." COUNTY, MIAMI BEACH, A"III) HIALEAH TO PROVIDE FOR THE DISTRIBUTION OF A PORTIOLJ OF THE DADE COUNTY OPTIONAL GAS TAX TO BE DISTRIBUTED TO MUNICI- PALITIES ACCORDING TO THE TERMS AND CONDITION SET FORTH IN TIIE ATTACHED AGREEMENT. WHEREAS►the 1983 Florida Legislature has authorized Dade County to levy a 1, 2, 3, or 4 cent Local Gas Tax; and WHEREAS, the State Law requires that the county share the proceeds of such a tax with municipalities; and WHEREAS,Dade County has agreed to share 260 of the proceeds of said tax with eligible municipalities within Dade County; and WHEREAS the State Law provides that such distribu- tions between the county and municipalities may be provided through an Interlocal Agreement; and WHEREAS, said State Law requires that an Interlocal Agreement shall 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 72% of the municipal population; and WHEREAS,an agreement has been reached by represent- atives 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 July 15, 1983 in order to comply with the State Law NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIO14 OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute in essentially the form attached hereto an Inter - local Agreement with Metropolitan Dade County, the City of CITY CCn,NUS Gst t C'r WL 3 f983 ,rf. S3-5521 Miami Beach and the City of Hialeah to determine the portion of the gas tax to be shared with all municipalities (260) and the formula by which the municipal share will be dis- tributed among the eligible cities. PASSED AND ADOPTED on this gt}l day of July , 1983. PIaurice A. Ferre Maurice A. Ferre, Mayor Attest: P Ralph G. Ongie, City Clerk Approved as to form and correctness: Garcia -Pedrosa ?'os�e�_'R._ ity Attorney -2- S2-SS2; 2 -o Howard V . Gary City Manager CITY OF MIAM1. FLORIDA INTER -OFFICE MEMORANDUM ' =RO n, Clark Merrill Assistant to the City Manager for intergovernmental Affairs/Cable "ATE June 28, 1983 `a`. Sl.9.E::- Dade County Gas Tax Interlocal agreement REFERENCES ENCL.osURES Interlocal agreement "It is recommended that the attached Interlocal Agreement providing for Dade County cities to share in the proceeds of the proposed Dade County Gas Tax be presented to the City Commission for their approval." The 1983 legislature has authorized the Dade County Commission to levy a 1, 2, 3 or 4 cent local gas tax, provided that a portion of the proceeds are shared with the local cities. On Tuesday, July 5, 1983 at 9:00 a.m., the Dade County Commission will consider on second reading, an ordinance levying such a tax. The state law also provides that an interlocal agreement between the cities and the county may be used as a method for sharing a portion of the proceeds of this tax with local cities. In the event an interlocal agreement has not been executed by July 15, 1983, the method for distributing gas tax proceeds to the cities becomes dependent upon each city's expenditure for transportation for the past five years as a ratio to the transportation expenditures by Dade County for the past five years. In that event, it is estimated that Dade County would receive 87% of the tax and the cities would share approximately 13%. while the data to support these percentages is based on very soft statistical information, it has been understood that the cities share would be less than what has been negotiated under the interlocal agreement. On May 6, 1983, the City and the County began a process for negotiating an interlocal agreement that would allow the cities to have a greater share in the revenues from the Dade County gas tax. On May 18, the County Manager and the Mayor of Hialeah unilaterally agreed, over the objections of the City of Miami, to split the gas tax with 74% of the proceeds going to Dade County and 26% to be shared by the municipalities through an interlocal agreement. Under state law it was necessary that the agreement be negotiated by cities representing a majority of the population of all the municipalities. It is un- fortunate that Dade County took the position that the City of Miami (for whatever reason), would not be allowed to approve and/or further negotiate the percentage split between Dade County and the cities. However, of greater concern was the formula by which the 26% share 10 TO: City :Manager FROM: Clark :Merrill June 28, 1983 Re: Gas Tax Interlocal Agreement would be divided among municipalities. At the Dade County Commission meeting on June 7, it was agreed that the City of Miami, Hialeah and Miami Beach be permitted to develop an interlocal agreement that was in conformance with the provisions of the state law and present this agreement to the county for inclusion in the ordinance to be heard on second reading at their July 5, 1983 Commission meeting. The attached interlocal agreement has been reviewed and agreed to by representatives of Miami, Miami Beach and Hialeah. The new agreement changes the distribution formula among cities from 50% population and 30% lane miles to 75% population and 25% center line miles on streets maintained by each city. This change will provide approximately $250,000 per year more to the City than provided in the earlier agreement. Due to the time limitations imposed by state law, it is not now practical to attempt to make changes in either the County/City split of 74/26 or the interlocal distribution formula of 75/25, since these percentages would be meaningless if the county did not adopt the local option gas tax. The City of Miami can anticipate an annual revenue of $3 million per year over the five year life of the agreement should the County elect to pass the 4* gas tax. Any lesser tax adopted by Dade County would reduce the City's share accordingly. CM/mmm Encl. Agreed. •For: Miami r For: Miami Beach (�V0N-or : Hialeah ccr: Dade County 1:1TERLCCAL AGREEMENT This agreement, entered into this 30th ;ay of June, 1983 at Dade County, Florida by and between METROPOLITAN DADE COUNTY, (hereinafter referred to as the "COUNTY"), and the cities of Miami, Hialeah and Miami Beach, (hereinafter collectively referred to as the "CITIES"). WITNESSETH WHEREAS, Section 336.025, Florida Statutes (1983), permits Florida counties to impose an additional one, two, three, or four cent local option gas tart upon every gallon of motor fuel and special fuels sold within such County; and ,1HEREAS, Section 336.025, Florida Statutes, permits Florida counties to establish by interlocal agreement with the municipalities that represent a majority of the incorporated area population within said County, a distribution formula for dividing the proceeds of the local option gas tax among the COUNTY and all eligible municipalities in the COUNTY; WHEREAS, agreement, as more fully set forth below, has been reached between the COUNTY and CITIES of Miami, Hialeah, and Miami Beach representing a majority of the incorporated area population of Dade County, NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed as follows: 1. This agreement shall become effective when approved by the Governing Bodies of the COUNTY and the CITIES of Miami, Hialeah, and Miami Beach representing a majority of the incorporated area popula- tion of Dade County, and shall terminate August 31, 1988. Upon approval and execution by the parties to this agreement, a copy thereof shall be filed with the Clerk of the Circuit Court of Dade County. 83-552t 2. This agreement may be renewed 60 days prior to expiration for ua to an additional Of the parties, provided that a redetermination of the ,lethcd of distri- bution (paragraphs 3 and 4 herein), is :Wade by municipalities representing a .majority of the population of the incorporated area of the county and the Board of County Commissioners. 3. The net proceeds of the local option gas tax levied and imposed by Ordinance No. 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 :municipalities in Dade County pursuant to Section 336.025(6), Florida Statutes. Net proceeds shall mean the local option gas tax 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. 4. The Municipal portion of the local option gas tax shall be distributed among the eligible incorporated municipalities based on a formula as follows: 1) Seventy-five percent (75%) based upon the ratio of the population of each eligible incorporated municipality compared to the total population of all eligible incorporated municipalities in Dade County; and 2) twenty-five percent (25%) based upon the ratio of total centerline miles of roadway maintained by each eligible incorporated municipality compared to the total centerline miles ;maintained by all eligible incorporated municipalities in Dade County. 5. Population figures used shall be the figures used to deter - :nine the annual distribution of the 1/2 cent local government sales tax pursuant to Section 218.60(1)(a), Florida Statutes. 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. The population and lane mile figures shall be updated annually with data current as of July 1 of each year. Page 2 of 4 83-552, I A V 6. Dade County will use its best efforts to spend 2/3 of the Count-i Dort -ion cr. transnorta`_Icn expenses -ai.t yin the incorzorated municipalities. 7. The percentages for distribution shall be calculated by the County each year, and by July 15 of each year, the County shall notify all municipalities and the appropriate State agencies of the percentages for distribution of gas tax proceeds among the munici- palities for the upcoming annual period commencing September 1. The percentage for distribution of gas tax proceeds to any city whose current population or centerline mile figures is not available shall be determined by the County based on the most recent available population and/or lane mile figures reported to the State Department of Transzortation. 8. Pursuant to Section 336.025, Florida Statutes, disputes regarding the percentages of distribution to each municipality shall be resolved by administrative hearing pursuant to Section 120.57, Florida Statutes, with right of appeal to the Administration 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. 9. In accordance with Section 336.025(c), Florida Statutes, the net proceeds of the local option gas tax shall 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 engineering, signalization, and pavement markings; (f) bridge maintenance and operation; (g) debt service and current expenditures for transportation capital projects in the above program area, including construction or reconstruction of roads. Page 3 of 4 a a IN WITNESS t;THEREOF, the parties having caused this agreement to be executed by their respective and duly authorized officers on the respective dates. ATTEST: RICKARD F. BRINKER, CLERK (OFFICIAL SEAL) ATTEST: RALPH G. ONGIE, CITY CLERK (OFFICIAL SEAL) METROPOLITAN DADE COUNTY, FLORIDA By: M . R . STIER EIM DATE COUNTY MANAGER CITY OF MI By 7ww(tf�) I?01?ARD V . GAHY A CITY MANAGER /2 ; lop„ APPROVED AS TO FORM AND CORRECTNESS: /JCkITY' G IA- .D ATTORNEY ATTEST; CITY C E (OFFICIAL SEAL) ATTEST: CITY CLERK (OFFICIAL SEAL) Page 4 of 4 CITY OF HIALEAH By: UL IAA TINEZ DATE MAYOR CITY OF MIAMI BEACH By: CIME11T DTTE MAYOR 8�--45 c M