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93-20793 RESO -': . RESOLUTION NO. 93-20793 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: 1) AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL AGREEMENT WITH DADE COUNTY, THE CITY OF MIAMI, AND THE CITY OF HIALEAH AGREEING TO A FORMULA FOR DISTRIBUTING THE PROCEEDS OF' THE LOCAL OPTION GAS TAX LEVIED BY DADE COUNTY UNDER SECTION 336.025, FLORIDA STATUTES FOR FIVE YEARS, BEGINNING SEPTEMBER 1, 1993 TO AUGUST 31, 1998; AND, 2) TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE THE DISTRIBUTION FORMULA. WHEREAS, on May 27, 1988, the city of Miami Beach entered into an inter10cal agreement with Dade county, the city of Miami and the City of Hialeah regarding the distribution and uses for local option gas tax levied pursuant to section 336.025 Florida Statutes; and WHEREAS, this agreement will terminate on August 31, 1993; and WHEREAS, the Board of County Commissioners of Dade county, Florida intends to adopt an Ordinance to renew the imposition of the six cents per gallon local option gas tax under the procedures section 336.025 (3) (a) (1), Florida Statutes; and WHEREAS, it is the desire of the municipalities representing the majority of the population in the incorporated areas of the county to enter into an interlocal agreement, contained herein as Attachment A, with Dade county regarding the distribution and uses of such gas tax proceeds; and WHEREAS, it is the desire of the city commission to negotiate a distribution formula for the additional gas tax that is more advantageous to the city of Miami Beach. NOW, THEREFORE, BE IT DULY RESOLVED, BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: section 1. The Mayor is authorized to enter into an interlocal agreement (Attached herein as Attachment A) with Dade county, the City of Miami, and the City of Hialeah agreeing to the formula for distribution and purposes for which the local option gas tax funds may be used for the period september 1, 1993 to August 31, 1998. section 2. distribution Beach. The City Manager is authorized to negotiate a formula that is advantageous to the city of Miami 1993. PASSED and ADOPTED this 5th Attest: rF'~c-~ City Clerk Form Approved: -:reS) 5'- b- <;' 3 city Attorney PFL:me CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 CITY OF MIAMI BEACH OFFICE OF THE CITY MANAGER TELEPHONE: (305) 113.1010 FAX: (305) 113.1112 COMMISSION MEMORANDUM NO. ~ TO: Mayor Seymour Gelber and Members oIlhe CIty Commission DATE: May 5, 1993 FROM: Roger M. Ca!!!&l.. II I .~ CIty Manager~ SUBJECT: AN INTERLOCAl AGREEMENT BETWEEN DADE COUNTY, CITY OF MIAMI, CITY OF HIALEAH, AND CITY OF MIAMI BEACH FOR THE DISTRIBUTlON AND USE OF LOCAL OpnON GAS TAX FOR A FIVE YEAR PERIOD FROM SEPTEMBER 1, 1..3 TO AUGUST 31, 1.... ADMINISTRATION RBCOKIIBHDATIONI , The Administration recommends that the City commission adopt the attached Resolution which provides for the followinq: 1. Authorizes the Mayor to enter into an interlocal aqreement with Dade County, the City of Miami, and the City of Hialeah, reqardinq the distribution and use of local. option qas tax (6~ per qallon) proceeds, as authorized by Section 336.025, Florida statutes and attached herein as Attachment A. 2. Supports and encourages the Board of county Commissioners of Dade County to levy the additional local option gas tax, as authorized by section 336.025 Florida statutes for transport- ation needs in the capital improvement element of an adopted comprehensive plan. 3. Authorizes the City Manager to negotiate the distribution formula for additional local option gas taxes (5~ per gallon), in the event that Dade County implements additional taxes. BACItGROUIlDI Section 336.025 Florida Statutes, authorized counties to impose up to a six cent per gallon local option gas tax upon motor fuels for purposes of operating and maintaining public transportation, roadway and right-of-way maintenance, etc. On May 18, 1988, the City Commission of the City of Miami Beach, via Resolution 88-19253, authorized the Mayor of the City of Miami Beach to enter into an inter local agreement with Dade county, the City of Miami, and the City of Hialeah regarding the distribution and use of the local option gas tax. This Agreement was formalized by all parties on May 27, 1988 for the five-year period September 1, 1988 to August 31, 1993. (See Attachments B and C) Florida Statutes require that an interlocal agreement be executed prior to June 1st, otherwise distribution shall be by a formula of actual transportation expenses during the past five years. Under this default formula, it is expected that Dade County could receive up to 95% of the total proceeds instead of 74% under the recommended interlocal agreement. 92 AGENDA ITEM R -I.::t< 5 - 5,,93 DATE AJlALYSIS: The current formula for distribution of the six cents (6~) local option qas tax is as follows: 1. seventy-four percent (74') to the county and twenty-six percent (26') to municipalities. 2. Municipalities' share is further divided on a formula utilizinq 75' for population and 25' for centerline miles of roadway maintained by the municipality. 3. The county is required to use its best efforts to spend two-thirds of its portion on transportation expenses within the incorporated municipalities. Durinq the 5 years of the aqreement, endinq Auqust 31, 1993, the city of Miami Beach will have received over $6 million in local option qas tax proceeds. As required by the aqreement, these funds have been used for either street 1iqhtinq or roadway and riqht-of- way maintenance and equipment. A copy of the FY 1992/93 Local option Gas Tax Distribution is attached herein as "Attachment Dn. ADDITIOIIAL LOCAL OPTIOII GAS TAX - 50 PII. GALLO. Subsection (3) (b) of Section 336.025 Florida statutes, authorizes counties, by ordinance or referendum, to levy additional qas taxes of UD to five cents (5~) per qa110n ~o be u.ed for tran.por~a~ion needs in the capital iaprov..ent element of an adopted compre- hensive plan. Distribution of these taxes may be accomplished by an inter10cal aqreement between the municipalities representinq the majority of the population of the incorporated area of the county. The Statute further states that this tax needs to be imposed by November 1, 1993, to be effective January 1, 1994. In addition, any interlocal aqreements, if necessary, must be entered into prior to September 1, 1993. There has been no expression by the Board of county Commissioners of its intention to do so. However, it is expected that this would be accomplished durinq the FY 1993/94 budqet process. If a similar distribution formula is utilized, the imposition of the entire five cents per qallon of local option qas tax would potentially provide the city with $1 million annually for fundinq the transportation related needs that are in the capital improvement element of an adopted comprehensive plan. Initial review indicates that there is the potential for increasinq the share to the City of Miami Beach, if the formula variables and weiqhts are adjusted. CONCLUSION: The City's plan for future development and returninq to fiscal health includes qreater utilization of local option qas tax funds for the repair and maintenance of local roadways and riqht-of-way. In order to ensure the continuation of such funds, it is necessary that the interlocal aqreement between Dade County, the City of Miami, the City of Hialeah, and the City of Miami Beach be approved. If the city desires to seek an additional $1 million annually for capital transportation needs, it is necessary to encouraqe and support the Board of county Commissioners of Dade county to impose the entire five cents per qallon of local option qas tax as provided by Subsection (3) (b) of section 336.025, Florida Statutes. Further, the City Manaqer must be qiven the authority to neqotiate a distribution formula that provides a qreater benefit to the City of Miami Beach. 93 PFL:me INTERLOCAL AGREEMENT This agreement entered into this:;>O day of ~ by and between Dade county, Florida, a pOlitUal 1993, subdivision of the State of Florida and municipalities representing a majority of the population of the incorporated area of Dade County. WITNESSETH WHEREAS, Section 336.025, Florida Statutes (1992) authorized counties to impose up to a six cent local option gas tax upon motor fuel and special fuels; 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 (1992); NOW THEREFORE in consideration of the covenants contained 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 majority of the population of the incorporated area of Dade County and shall terminate August 31, 1998. 2. Should Dade county impose and levy a local option gas tax of up to six cents effective September 1, 1993, the net proceeds thereof 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, Florida pursuant to Section 336.025 (6), Florida Statues, (1992). 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 (1992). 3. The Municipal portion of the local option gas tax shall be distributed among the eligible incorporated municipalities in Dade County, Florida, based on a formula as follows: a. Seventy-five percent 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 b. Twenty-five percent 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. 4. population figures used shall be the figures used to determine the annual distribution of the half cent local government sales tax pursuant to Section 218. 60( 1) (a), Florida Statutes (1992). 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 (1992). The population and centerline mile figures shall be updated annually with data current as of June 1 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 municipalities. 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 centerline mile figures reported to the State. 7. Pursuant to Section 336.025(5) ,(b), Florida Statutes (1992), disputes regarding the percentages of distribution to any municipality hereunder shall be resolved through an appeal to the Administration Commission in accordance with procedures developed by the 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. 8. In accordance with Section 336.025, Florida Statutes (1992), as amended by the 1993 Legislature, the net proceeds of the local option gas tax shall only be used for the following transportation expenses: a) public transportation operations and maintenancel b) roadway and right-of-way maintenance and equipment and structures used primarily for the storage and maintenance of such equipment roadway and right-of-way drainagel street lightingl traffic signs, traffic engineering, signalization and pavement markingsl bridge maintenance and operation; debt service and current transportation capital projects areas, including construction c) d) e) f) g) roads. expenditures for in the above program or reconstruction of 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: COUNTY, FLORIDA ~ 'j G. Avina, y Manager ---- ,..j P.E. ,P.L.S. '1Q~~ ~ ~ city Clerk (Official Seal) By: Executed under authority of ci ty Resolution No. 0,:, '\ '\ ~TTEST: , .\~ Cit Cletk (Offrcial Seal) ) ( . By: ,4;, /Julio J. (/Mayor Executed under authority of City solution No. 93-337 AT S By: (Date) C Seal) FORM T\PPROVED LEGT\L DEPT. By -:fc.s:> ') - 3~"'.5 '0 '11~17A ""AOOoOCJf<O""";" .... ...-11\. , ~1 ' ' , \:::71 M E M 0 ,R AND U M Not On Agenda Item No. S(f)(SI FROM: Hon. Chairoerson and Members Board of County Commissioners ~ce:~ County Manager DATE: SUBJECT: May 18, 1993 TO: P.L.S. Resolution Approving Interlocal Agreement for Distribution of proceeds from Local Option Gas Tax Recommendation In order to continue the six cent local option gas tax as authorized by Section 336.025, Florida Statutes (1992), it is recommended that the Board adopt the attached resolution approving an inter local agreement in substantially the form as attached hereto and authorizing the County Manager to execute this agreement on behalf of Dade County after proper execution by all cities that are a party to the agreement presently in effect. Summary of Major Provisions The recommended agreement is for continues the major provisions agreement, which are: a period of five years and of the current inter local 1. It is effective only if the local option gas tax is reauthorized. 2. The County receives 74 percent of the proceeds. 3. The cities divide the municipal share of 26 percent on the basis of population (weighted 75 percent) and centerline road miles maintained (weighted 25 percent) . 4. The County agrees to use its best efforts to spend two-third of its share within municipal limits. Background State law permits counties to impose up to a six cent local option gas tax on motor fuel and special fuels. Dade County imposed a four cent local option gas tax on September 1, 1983 and an additional two cents were imposed in 1985 bringing the total tax collected to six cents. The current local option gas taxes will expire on August 31, 1993. Metro-Dade and the cities within the County share approximately $48 million generated by the six cent local option gas tax. The county and cities rely on this revenue to support their respective roadway/public transportation expenditures. Permissible uses of the tax are: . ; Honorable Chair and Members Board of County Commissioners Page 2 a) public transportation operations and maintenance b) roadway and right-of-way maintenance and equipment and structures used primarily for the storage and maintenance of such equipment c) roadway and right-of-way drainage d) street lighting e) traffic signs, traffic engineering, signalization and pavement markings f) bridge maintenance and operations g) debt service and current expenditures for transportation capital projects in the above program areas, including construction or reconstruction of roads The proceeds from the existing tax are distributed based an interlocal agreement that allocate 74 percent of the net proceeds to Metro-Dade and 26 percent to all eligible incorporated cities. The municipal share is distributed among cities based on a weighting of population (75 percent) and centerline miles of roadway maintained (25 percent) for each city as compared to the total population and centerline mile figures for the entire incorporated area. The County agrees to use its best efforts to spend two-thirds of its share within the incorporated area of the County. The current County share approximates $35 million. Parties to the current interlocal agreement are, Dade County, Miami, Hialeah, and Miami Beach; however, only Miami and either Hialeah or Miami Beach are required as signatories to meet the statutory requirement as representatives of a majority of the incorporated area population of Dade County. County staff has discussed with the signatory cities to the current interlocal agreement, the City of Hialeah, the City of Miami, and the City of Miami Beach, the extension of the provisions of the existing inter local agreement for an additional five years, through August 31, 1998. We are advised that the Mayor of Hialeah, and the City Managers of Miami and Miami Beach will be recommending the agreement to their governing boards for approval. The statutes require that this agreement be executed prior to June 1, 1993 and approvals are being sought within this time frame. If an interlocal agreement has not been executed prior to June 1, 1993, the County Commission may proceed imposition of the tax without an agreement. In this situation, the Commission is authorized to adopt a resolution of intent to levy and impose the local option gas tax but must do so by June 10. In this case, an alternate formula must be utilized that distributes the gas tax to the County and eligible municipalities in proportion to their actual transportation expendi tures over the proceeding five fiscal years. If this method had been used when the tax was first imposed ten years :;J- Honorable Chair and Members Board of County Commissioners Page 3 ago, Dade County would have been entitled to approximately 87 percent of the proceeds rather than the 74 percent share we have negotiated with the cities. Two ordinances and related resolutions which address the alternative methods for distributing tax proceeds are presented at this time for the Board's consideration, thereby insuring that the County can proceed to extend the six cent local option gas tax with or without the inter local agreement. Approval of the attached County's intent to continue tax under the same terms agreement. resolution sharing the as in the would indicate the proceeds of the gas current inter local Attachments ~ Not on Agenda Item No, S(.f)( 5) 5-l8~93 RESOLUTION NO. R-621-93 RESOLUTION AUTHORIZING EXECUTION OF INTERLOCAL AGREEMENT WITH MUNICIPALITIES REPRESENTING A MAJORITY OF THE POPULATION OF THE INCORPORATED AREAS OF DADE COUNTY TO ESTABLISH DISTRIBUTION OF PROCEEDS OF THE 1993 LOCAL OPTION GAS TAX TO BE LEVIED FROM SEPTEMBER 1, '1993 THROUGH AUGUST 31, 1998 WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, FLORIDA, that this Board approves the Interlocal Agreement between Dade County and muncipalities representing a majority of the population of the incorporated areas of Dade County for the purpose of establishing a distribution of proceeds of the 1993 Local Option Gas Tax to be levied from september 1, 1993, through August 31, 1998, in substantially the form attached hereto and made a part hereof, and authorizes the County Manager to execute same for and on behalf of Dade County, after proper execution by all the cities that are parties thereto. The foregoing resolution was offered by CommisSioner Larry Hawkins , who moved its adoption. The motion was seconded by Commissioner Sherman S. Winn and upon being put to a vote, the vote was as follows: 'f Not on Agenda Item No; 51'f) (5) Page 2 James Burke Betty T. Ferguson Larry Hawkins Natacha S. Millan Alexander penelas Javier D. Souto Arthur aye Miguel Diaz de la aye Maurice A. Ferre aye Bruce Kaplan aye Dennis C. .Moss absent Pedro Reboredo absent Sherman S. Winn E. Teele, Jr. aye Portilla aye aye aye aye absent aye The Mayor thereupon declared the resolution duly passed and adopted this 18th day of May, 1993. Approved by to form and DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK WILLIAM 'G. OLIVER Deputy Clerk '-; IHTERLOCAL AGREEMENT This agreement entered into this day of 1993, 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. WITNESSETH WHEREAS, Section 336.025, Florida Statutes (1992) authorized counties to impose up to a six cent local option gas tax upon motor fuel and special fuels; 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 (1992); NOW THEREFORE in consideration of the covenants contained 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 majority of the population of the incorporated area of Dade County and shall terminate August 31, 1998. 2. Should Dade county impose and levy a local option gas tax of up to six cents effective September 1, 1993, the net proceeds thereof 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, Florida pursuant to Section 336.025 (6) , Florida statutes, (1992). 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 (1992). 3. The Municipal portion of the local option gas tax shall be distributed among the eligible incorporated municipalities in Dade County, Florida, based on a formula as follows: a. seventy-five percent 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 b. Twenty-five percent 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. 4. population figures used shall be the figures used to determine the annual distribution of the half cent local government sales tax pursuant to Section 218.60 ( 1) (a), Florida Statutes (1992). 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 '1 by Section 218.32(1) (a) and (4), Florida Statutes (1992). The population and centerline mile figures shall be updated annually with data current as of June 1 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 municipalities. 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 centerline mile figures reported to the State. 7. Pursuant to Section 336.025(5) (b), Florida Statutes (1992), disputes regarding the percentages of distribution to any municipality hereunder shall be resolved through an appeal to the Administration Commission in accordance with procedures developed by the 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. B. In accordance with Section 336.025, Florida Statutes (1992), as amended by the 1993 Legislature, the net proceeds of ~ the local option gas tax shall only be used for the following transportation expenses: a) public transportation operations and maintenance; b) roadway and right-of-way maintenance and equipment and structures used primarily for the storage and maintenance of such 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 areas, including construction or reconstruction of roads. q 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: METROPOLITAN DADE COUNTY, FLORIDA /0 ~ """.."""'''',, ""'. '"'"....... I I. HARVEY FlNIN. Clerk of the Circuit Court In and for Dade County, Florida, and Ex~fflclo Clerk of the Board of County Cannlssloners of said County, IX) H:REBY CERTIFY that the above and foregoing Is a true and correct copy of Resolution to. R-621-93 of County Cannlssloners at Its meeting held on , adopted by the said board May 20 19~. IN WIlN:SS \II BlBOF, have hereunto set my hand and offIcial seal on this 25th day of Hay , A.D. 19 93 HARVEY FlNIN, Clerk Board of County Cannlssloners Dade COUnty, Florida ~A ~.. . :::e,m iii"" I". ~., .... ."..,....{ COfl..1,,~.... : ~'\ _.__ "0//', "~',vUA'" cJ'I~ ...') c' lfl. : 0 Oll, --:::;: . U ~:...-::,v~.. (" . r'_~' .~. ~ ()/J/nl'-~ ,";;: .... f. ....- ,. .:o,/' '", .. S... .... ,.. e.",Cl'..' Board of County Cannlssfoners Dade County, Florida CLK/CT 581 3/'3 ....,.,., 'I , ~ ".,..,,~:yp .', . : .~_:,~.J .... .,)5.~ ORDINANCE NO. 93-49 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY OF HIALEAH, AN INTERLOCAL AGREEMENT WITH METROPOLITAN DADE COUNTY AND OTHER MUNICIPALITIES FOR THE PURPOSES OF DISTRIBUTING AND OBTAINING A PORTION OF THE ADDITIONAL SIX CENTS LOCAL OPTION GAS TAX AUTHORIZED BY SUBSECTION (3)(a) I OF SECTION 336.025 FLORIDA STATUTES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING PENALTY FOR VIOLATION HEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Dade County has scheduled for adoption an ordinance, pursuant to Florida Statute 336.025, as amended, imposing an additional six cents tax on every gallon of motor fuel and special fuels sold within Dade County, and WHEREAS, an agreement has been reached between the County and those cities representing a majority of the incorporated area population within Dade County as to the formula of distributing the proceeds of the local option gas tax, and WHEREAS, pursuant to the Interlocal Agreement, the proceeds of the local option gas tax levied and imposed pursuant to Dade County Ordinance, shall be allocated on the basis of 74% (the County portion) and 26% (the municipal portion) to be distributed among all the incorporated municipalities in Dade County who are eligible under Section 336.025 Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA: that: Section I: The Mayor and City Clerk are hereby authorized and directed to execute the attached Interlocal Agreement with Metropolitan Dade County and other Municipalities for the purposes of distributing and obtaining a portion of the additional six cents local option gas tax authorized by Subsection (3)(A) I of Seclion 336.025, Florida Statutes, on behalf of the City of Hialeah. ORDINANCE NO. 93-49 Section 2: Repeal of Ordinances in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 3 : Penalties. Any person, firm or corporation convicted of violating the provisions of this ordinance shall be punished by a fine, not exceeding $500.00, or by a jail sentence, not exceeding sixty (60) days, or both, in the discretion of the Court. Section 4; Severability Clause. If any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared invalid or unconstitutional by the judgment or decree of a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance. Section 5 : Effective Date. This Ordinance shall become effective when passed by the City Council of the City of Hialeah and signed by the ayor fthe City of Hialeah. PASSED AND ADO May ,1993. (' .-..... , ',ATTE ,,', \ ....~\ , ,,'-4 "cL ~/ " L o FORM ,I Liar) ORDINANCE was adopted by a 6-0-1 vote with Councilmembers Caldwell, D'Angelo, Garcia, Fajardo, Morales, and Nunez voting "Yes" and Councilman Echevarria abse2t. ~ . - J-93-362 6/27/93 93- 337 RBSOLUTION NO, A RBSOLtJ'l'ION, WITH ATTAClDlBN'l'(S), AlJTRORIZING THB CITY !tANAGBR TO BXBCtJ'l'B AN INTBRLOCAL AGRBBKBNT, IN SUBSTANTIALLY THB ATTACHED FORK. WITH MBTROPOLITAN DADB COUNTY AND MUNICIPALITIBS RBPRESBNTING A MAJORITY OF THB POPULATION OF THB INCORPORATED AREA OF DADE COUNTY TO PROVIDB FOR THB DISTRIBUTION OF A PORTION OF THB DADB COUNTY OPTIONAL GAS TAX TO BB DISTRIBUTED TO HONICIPALITIBS; FURTHBR AUTHORIZING THB CITY MANAGBR TO IHHEDIATBLY COHHENCB NEGOTIATIONS WITH MBTROPOLITAN DADB COUNTY TO OPTIMIZB THB FINANCIAL RETURN TO THE CITY FROM THB CURRENT LEVY AND ANY ADDITIONAL LEVIBS TO BB IMPOSED BY THB COUNTY FOR FUTURB PROCEEDS TO BB PROVIDED TO THE CITY. WHEREAS, Seotion 336.026, Florida Statutes (1992), authorizes oounties to impose up to a six oent looal option gas tax upon motor fuel and speoial fuel; and WHEREAS. Metropoli tan Dade County proposed to impose and levy said tax under the prooedures of Subseotion (3)(a)(1) of Seotion 336.025. Florida Statutes (1992); and WHBREAS. State law requires that the oounty share the prooeeds of suoh a tax with munioipalities; and WHEREAS, said State law requires that an Interlooal Agreement shall be negotiated by oities representing a majority of the population within all munioipalities; and WHEREAS, Dade County has agreed to share 26~ of the prooeeds of said tax with eligible munioipalities within Dade County; and 111 ACHMENT(S) CONTAINED CJ1T COMMISSJOlf MEErING OF. MAY 2 7 1993 __ 110. 93- 337 WHEREAS, said agreemen~ mus~ be exeou~ed by June 1, 1993 in order to oomply wi~h Sta~e law; NOW, THEREFORE, BE IT RESOLVED BY '.r1lB COlOlISSION OF '.r1lB CITY OF lllIAMI, FLORIDA: Seo~ion 1. !L'he reoi ~als and findings oon~ained in the Preamble to this Resolution are hereby adopted by referenoe ~ thereto and inoorporated herein as if fully se~ forth in ~his Seo~ion. Seo~ion 2. !L'he City lllanager is hereby authorized ~o exeoute an in~erlooal agreemen~, in subs~an~ially the at~aohed form, with llletropolitan Dade County and munioipali~ies representing a majority of the population of the inoorpora~ed area of Dade County to provide for the distribution of a portion of the Dade County Optional Gas Tax to be distributed to munioipalities, Seotion 3, !L'he Ci~y lllanager is hereby further authorized to immediately oommenoe negotiations with llletropolitan Dade County to optimize the finanoial return ~o the City from the our rent tax levy and any additional levies to be imposed by ~he County for future prooeeds to be provided to the City. Seotion 4. This Resolution shall beoome effeotive immediately upon its adoption. 93- 337 -2- PASSED AND ADOPTED this 27th day of JU.YOR A/2/ .~ iA~I CITY CLERK PREPARED AND APPROVED BY: APPROVED AS '1'0 FORK AND CORRECTNESS: ~LJ~ i{~ L NDA KELLY K ARS0tN ASSISTANT CITY ATTORNEY LKK/BSS/pb/H362l 93- 337 -3- . ,r,HlY: 5-18-93 ;~2:51r~ ; LA~ DEf'1.~ INTERLOCAL ACREEMENT ~UOO~Oi/V'.w ~J ~ This agreement entered into t.hiB day of 1993, by end bet.w.en Dade County, I'lorieta, a pollUcal Bubdlv1aion of tbe State of I'lorida and llunlcipal1U.. repre.enting a _jodty of ~h. populat.ion of the incorporated area of Dade County, WITNESllg WHEREAS, Section 336,025, Florida Btatut.e. (1"2) authc' zed counties to Impose up to a six cent local option gas tax ~pon motor fuel and .pecial fuels, and WHEREAS, Dede County proposes to impo.. anet levy said tax under the procedures of sub.ection (3) (a) 1 of Section 336,025, Florida Statutes (1'12)1 NOW THEREFORE in cona1deraU.on of t.he covenant.. contained herein, the receipt and adequacy of which are hereby acknow ged by all partie. hereto, it. i. agr.ed a. follOW$f 1, This agr..ment Bhall become affectLve upon Lt..~ ~.l by t.he governing bodie. of the Count.y and of IIlUnicipaUt1.. , repre..nUng a ..jorl ty of the population of the incorporated area of Dade County and shall t.~nat. August. 31, IIIB. 2. Should Dade county impo.. .nlS levy . local option 9a. tax of up to aix cent.. effect.ive Sept.ember 1, 111113, the net. proce.d. thereof ahal1 be allocated on the ba.ia of 74 percent (th CQunty portion) t.o tbe count.y and 26 percent. (the Municipal 93- 337 s -4- 6 '. . , - portion) to all e119ible incorporated municipaUtie. in I)ad. county, Florida pursuant to Section 336.025 (6), Florida Statues, 11992) , Net I,)roceedll .hall .ean the local option gAS t.ax collected by the Florida Depart.rDent of Revenue (DOR) 1... the amount retained by the JX>R, for administration .s provided In Section 215.20, Florida Statutes (1992), 3. The Municipal portion of the local option ~as tax shall be distributed among the eligible incorporated lIunicipalities in Dade county, Florida, ba.ed on a forau!a as follows: . a, Seventy-five parcent based upon the rat.io of the population of each eUglble incorporat.ed llIunicipality compared to the total population of all ellgible Incorporated lIunicipalitie. in Dada County, and b. Twenty-five percent baaed upon the ratio of total cent.erline IIUes of roadway maintained by each eligible incorporated municipality compared to the total cent.erline lIile. maintained by all eligible incorporated municipalitie. in Dade County. 4 . Population figura. used ehall be the figures und to determine the annual distribution of the half Cent local government eale. tsx pursuant to Section 218,60(1) (a), Florida Stat.ut.e. (1992). Centerline 11l1e f1;ures shall be ba.ed upon yearly figures submitted by each municipality to the Departlllftnt. of Banking and Finance in t.heir Annual Financial Report. and recorded by the Florida Department of Transportation 68 required 93- 337 -c.. . 1'1 BY; . - ..... ..... - - -. -. by Sectlon 218,32(1) (a) and (4), Flor1da statutes (1192). The population and centerline mil. figure. shall be updated annually with data current .. of 3une 1 of each year. 5. Dade County will u.e its best eUorta to spend two thirds of the County portion on transportaUon expens.. within the incorporated municipalities, 6, ~he percentages for distribution shall be calculated by the County annually. 8y July 1 of .aCh year, the County shall notify all municipalities and the appropriate State agencle. of the percentages for di.trlbutlon of the local option QIl8 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 who.e current population or centerline mile figures are not available shall be determined by the County based on the most recent available population and/or centerline aile figure. reported to the State, ." Pursuant to Section 336,025(5) (b), Florida Statut.s (1992), di.putes regarding the percentages of distribution to any municipality hereunder shall ba resolved through an appeal to the Administration Commis.ion in accordance with procedures developed by the COllUlliaalon, P.ndinV finel di.position of such proceedings, the ~ax shall be collected and such funds Ihall be held In .scrow by the Cle~k of the Circuit Court of the County until final dispoaition Is made, 8, In accordance with Section 336.025, Flor.1da Statutea (1992), a. amenCSell by the' 1993 Leglalat.ure, the net -c.- 93- 337 'f] , '. <d '. \ proceedS of the local option V.. taX ahall only be used for the following transportation expense.. a) public transportation operations and maintenance, b) roadway and right~of~way maintenance and equipment and atructures used prlll\&rUy.. for the storage and Mintenance of such equiPlllent c) roadway and rlght~of4W.y drainage, d) street lighting, e) traffic algns, traffic engine.r1ng, 81gnali.ation and' pavement marklng., f) bridge maintenance and operation, g) debt .ervice and current expend1t.ure. . 'for transportation capi tal project. in the above pro;ru area., including constructlon or reconstruction of road.. 93- 337 -7- ...x,.'f bj' f , .. IN WITNESS WHEREOF, the partie. have caused thh 8greement to b. executed by their respective and duly authorized officers on the date hereInabove first .entloned, ATTEST: , Clerk Executed under authority of City Resolution Ho, ATTEST: City Clerk (OfUclal Seal) Executed under authority of Clty Resolution No. ATTEST I City Clerk (OffiCial Seal) Executed under authority of Cl~y Resolution Ho, A'1"l'EST: City Cleric (~fficJ..l Seal) METROPOLl'l'AN DAnE COUNTY, nollIDA 8ya Joaquin Q, Avift6, l.i.".L.S. County Manager 8ya (Date) 8ya (Date) . By: (Date) -6"- 93- 337 (fjJ .. " . . . STATE OF FLORIDA ) COUNTY OF DADE ) CITY OF MIAMI ) I, MATTY HIRAI, City Clerk of the City of Miami. Florida, and keeper of the records thereof. do hereby certify that the attached and foregoing pages numbered 1 through 8. inclusive. constUute a true and correct copy of a Resolution passed and adopted by the City Commission at the meeting held on the 27th day of May. 1993, ~~!Q_R~~QbY!!QM_~~~_Q~~!~M~!~Q_~~_R~~QbY!!QM_MQ~_~~=~~Z~. IN WITNESS WHEREOF, I hereunto set my hand and impress the Official Seal of the City of Miami. Florida this 4th day of June. 1993. MATTY HIRAI CUy Clerk M 1 am 1, F lor 1 d a , BY:_~_~ Depu~y I.ity I. rk ___ d (OFFICIAL SEAL)