HomeMy WebLinkAboutR-23-0353City of Miami
Resolution R-23-0353
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14403 Final Action Date: 7/27/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE AN INTERLOCAL AGREEMENT,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY
OF MIAMI ("CITY") AND MIAMI-DADE COUNTY FOR THE DISTRIBUTION OF
LOCAL OPTION FUEL TAX PROCEEDS FOR THE THIRTY (30) YEAR
PERIOD INCLUDING JANUARY 1, 2024, THROUGH DECEMBER 31, 2053;
FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS,
MODIFICATIONS, AND AMENDMENTS, ALL IN FORMS ACCEPTABLE TO
THE CITY ATTORNEY, FOR SAID PURPOSE; AUTHORIZING THE CITY
MANAGER TO ACCEPT, BUDGET, ALLOCATE AND APPROPRIATE THE
PROCEEDS OF THE LOCAL OPTION FUEL TAX FOR THE THIRTY (30) YEAR
PERIOD INCLUDING JANUARY 1, 2024, THROUGH DECEMBER 31, 2053
THE CITY'S RECEIVES PURSUANT TO THE INTERLOCAL AGREEMENT,
SUBJECT TO COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE OF
FLORIDA, AND LOCAL LAWS, RULES, AND REGULATIONS THAT GOVERN
THE ACCEPTANCE, BUDGETING, ALLOCATION, APPROPRIATION, AND
USE OF THE LOCAL OPTION FUEL TAX PROCEEDS.
SPONSOR(S): Commissioner Christine King
WHEREAS, Section 336.025, Florida Statutes, authorizes county governments to levy
various local option fuel taxes upon every gallon of motor fuel and diesel fuel sold in their
respective county and taxed under the provisions of Part I or Part II of Chapter 206 of the
Florida Statutes pursuant to an ordinance enacted by the Board of County Commissioners; and
WHEREAS, in 1993, the Board of County Commissioners of Miami -Dade County,
Florida ("County Board"), levied a six -cent ($0.06) local option gas tax on every gallon of motor
fuel and diesel fuel sold in Miami -Dade County ("County") ("1993 Local Option Gas Tax"); and
WHEREAS, in 1997, the County Board extended the imposition of the 1993 Local Option
Gas Tax that began on September 1, 1993, for a maximum period of thirty (30) years pursuant
to County Ordinance No. 97-156; and
WHEREAS, pursuant to Resolution No. R-903-98, Miami -Dade County and eligible
municipalities entered into an interlocal agreement in accordance with Section 336.025(3)(a)(1),
Florida Statutes, establishing the method of distributing the proceeds of the six -cent ($0.06)
local option gas tax within the County for the remainder of the 1993 Local Option Gas Tax's
term; and
WHEREAS, the City of Miami ("City") executed an Interlocal Agreement with the County
for the distribution to the City of its share of proceeds of the 1993 Local Option Gas Tax, as
City of Miami Page 1 of 3 File ID: 14403 (Revision:) Printed On: 9/21/2023
File ID: 14403 Enactment Number: R-23-0353
authorized in City of Miami ("City") Resolution No. R-93-337, adopted on May 27, 1993, and
Resolution No. R-98-0869, adopted on September 8, 1998; and
WHEREAS, by ordinance, the County desires to relevy the six -cent ($0.06) local option
fuel tax authorized by Section 336.025(1)(a), Florida Statutes, for the thirty (30) year period
including January 1, 2024, through December 31, 2053; and
WHEREAS, the City and the County wish to amend and restate their current interlocal
agreement in order to reestablish the distribution formula currently being used to distribute local
option fuel tax proceeds between the County and eligible municipalities for the thirty (30) year
period including January 1, 2024, through December 31, 2053; and
WHEREAS, it is in the best interest of the City to authorize the City Manager to negotiate
and execute an Interlocal Agreement, in a form acceptable to the City Attorney, with the County
for the distribution to the City of its share of proceeds of the local option fuel tax for the thirty
(30) year period including January 1, 2024, through December 31, 2053; and
WHEREAS, in accordance with Section 2-33(f) of the Code of the City of Miami, Florida,
as amended, the City Commission, by a majority vote, hereby deems this Resolution to be of an
emergency nature;
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
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager, or designee, is authorized' to negotiate and execute an
Interlocal Agreement, in a form acceptable to the City Attorney, between the City and the
County for the distribution to the City of its share of proceeds of the local option fuel tax for the
thirty (30) year period including January 1, 2024, through December 31, 2053.
Section 3. The City Manager, or designee, is further authorized' to negotiate and
execute any and all other necessary documents, modifications, and amendments, all in forms
acceptable to the City Attorney, for said purpose.
Section 4. The City Manager, or designee, is authorized' to accept, budget, allocate and
appropriate the proceeds of the local option fuel tax for the thirty (30) year period including
January 1, 2024, through December 31, 2053 the City's receives pursuant to the Interlocal
Agreement, subject to compliance with all applicable federal, State of Florida, and local laws,
rules, and regulations that govern the acceptance, budgeting, allocation, appropriation, and use
of the local option fuel tax proceeds.
Section 5. This Resolution shall become effective immediately upon its adoption and
signature by the Mayor.2
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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.
City of Miami Page 2 of 3 File ID: 14403 (Revision:) Printed on: 9/21/2023
File ID: 14403 Enactment Number: R-23-0353
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City ttor ey ) 9/21/2023
City of Miami Page 3 of 3 File ID: 14403 (Revision:) Printed on: 9/21/2023