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RESOLUTION 93-20855 • RESOLUTION NO. 93-20855 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT WITH DADE COUNTY, THE CITY OF MIAMI, AND THE CITY OF HIALEAH; AGREEING TO A FORMULA FOR DISTRIBUTING THE PROCEEDS AND USES FOR UP TO AN ADDITIONAL FIVE CENTS OF LOCAL OPTION GAS TAX LEVIED BY DADE COUNTY UNDER SECTION 336. 025, FLORIDA STATUTES, FOR THE LIFE OF THE CAPITAL IMPROVEMENTS LOCAL OPTION GAS TAX. WHEREAS, Section 336 . 025, Florida Statutes authorized counties, by referendum or ordinance, to levy up to an additional five cents of local option gas tax to be used for transportation needs in the capital improvement element of an adopted comprehensive plan; and WHEREAS, on May 5, 1993 , the Mayor and City Commission authorized the City Manager to enter into negotiation with Dade County for the distribution formula for up to an additional five cents of gas tax; and WHEREAS, the City Manager along with representatives of other municipalities in the Dade County and the Dade League of Cities have been actively negotiating a distribution formula with the County Administration; and WHEREAS, on July 15, 1993 , the Dade County Board of County Commissioners, sitting as the Metropolitan Planning Organization (MPO) , approved a distribution formula agreed upon by the representative of the cities and the County administration. NOW, THEREFORE, BE IT DULY RESOLVED, BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are authorized to execute an Interlocal Agreement, attached hereto as Exhibit "A" , with Dade County, the City of Miami, and the City of Hialeah, agreeing to the formula for distribution and uses of up to an additional five cents of local option gas tax, as authorized under Section 336. 025, Florida Statutes, for the life of the Capital Improve =nts Local Option Gas Tax. PASSED and ADOPTED this 28th day of 1993 . 11 .40Mayo Attest: 1-- -c)4e`Aj City Clerk FORM APP,ROVD LEGAL DEP' . By Date PFL:me P � CITY OF MIAMI BEACH tjrC CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. MS TO: Mayor Seymour Gelber and DATE: July 28, 1993 Members of the City Commission FROM: Roger M. art City Manager VIdev1L7 SUBJECT: AN INTERLOCAL AGREEMENT BETWEEN DADE COUNTY, CITY OF MIAMI, CITY OF HIALEAH, AND CITY OF MIAMI BEACH FOR THE DISTRIBUTION AND USE OF AN ADDITIONAL FIVE CENTS OF LOCAL OPTION GAS TAX AS AUTHORIZED BY SECTION 336.025, FLORIDA STATUTES FOR THE LIFE OF THE CAPITAL IMPROVEMENTS LOCAL OPTION GAS TAX ADMINISTRATION RECOMMENDATION: The Administration recommends that the City Commission adopt the attached Resolution which authorizes the Mayor to enter into an interlocal agreement with Dade County, the City of Miami, and the City of Hialeah, governing the distribution and uses of up to an additional five cents of local option gas tax, as authorized by Section 336. 025, Florida Statutes and contained herein as Attachment "A" . BACKGROUND: Section 336. 025, Florida Statutes, authorizes counties, by ordinance or referendum, to levy additional gas taxes of up to five cents (5 ) per gallon to be used for transportation needs in the capital improvement element of an adopted comprehensive plan. Distribution of these taxes may be accomplished by an interlocal agreement between the municipalities representing the majority of the population of the incorporated area of the county. The Statute further states that, for the first year, the tax must be imposed by November 1, 1993 to be effective January 1, 1994 . In addition, any interlocal agreements, if necessary, must be entered into prior to September 1, 1993. If there is no interlocal agreement, Florida Statutes require that distribution be by a formula of actual transportation expenses during the past five years. Under this default formula, Dade County could receive up to 90% of the total proceeds. On May 5, 1993 , the City Commission authorized the Mayor to enter into an interlocal agreement for renewing the existing six cents of local option gas tax for the period June 1, 1993 to May 31, 1998 . At the same meeting, the Commission also authorized the City Manager to negotiate a distribution formula that would be more advantageous to the cities if the County were to enact up to an additional five cents of gas tax. Since then, the Administration along with representatives from other cities and the Dade League of Cities have met on numerous occasions with the County to negotiate the distribution formula. On July 15, 1993 , a tentative distribution formula was agreed upon by the representatives of the cities and the County and approved by the Board of County Commissioners sitting as the Metropolitan Planning Organization (MPO) . AGENDA ITEM DATE - 2 r � i Local Option Gas Tax July 28 , 1993 Page -2- PROPOSED 2-PROPOSED DISTRIBUTION FORMULA The proposed provisions for distribution of up to the additional five cents (5 ) local option gas tax is as follows: 1. Seventy-four percent (74%) to the County and twenty-six percent (26%) to cities until such time that a general obligation transportation bond issue (Dade 2000) is placed on the ballot. A. If the general obligation transportation bond issue (Dade 2000) is approved by referendum, the cities ' share would increase to 33%. B. If the general obligation transportation bond issue (Dade 2000) is not approved by referendum, the cities ' share would decrease to 20%. 2 . The cities ' share would be divided on a formula weighted 75% for population and 25% for centerline miles of roadway maintained by the municipality. 3 . The County is required to spend a minimum of 20% of the total net proceeds in the unincorporated areas of the County with such amounts coming from the County 74% share. 4 . Expenditures of the additional up to five cents of local option gas tax would be subject to audit and review by the County Commission. 5. Provisions for the distribution of the additional gas tax shall not affect the distribution of the existing six (6) cents of gas tax. ANALYSIS: The recommended formula of "26/74" for the entire five cents of gas tax would provide the City of Miami Beach with an estimated $1 million annually to be used for transportation needs in the capital improvement element of an adopted comprehensive plan. This is in . addition to the $1. 2 million received annually from the first six cents of gas tax. If the County' s proposed general obligation transportation bond issue (Dade 2000) is approved by voter referendum, the City of Miami Beach share would increase to $1. 3 million annually. If on the other hand, the proposal is not approved, the City of Miami Beach share would decrease to $769, 230. CONCLUSION: The City' s plan for future development and returning to fiscal health includes greater utilization of local option gas tax funds for the repair and maintenance of local roadways and rights-of-way. In order to ensure that additional funds are obtained, it is necessary that the interlocal agreement between Dade County, the City of Miami, the City of Hialeah, and the City of Miami Beach be approved. PFL:me Attachment !r. S2, INTERLOCAL AGREEMENT This agreement entered into this day of J6c(7.v 1993 , by and between Dade County, Florida, a political subdivi- sion of the State of Florida and the signatory municipalities representing a majority of the population of the incorporated area of Dade County. WITNESSETH WHEREAS, Section 336 . 025, Florida Statutes (1993) authorized counties to impose, in addition to other local gas taxes, up to a five cent local option gas tax upon motor fuel for capital improvements associated with the capital improvements element of an adopted comprehensive plan; and WHEREAS, if imposed and levied, Dade County proposes to impose and levy said tax under the procedures of Section 336 . 025 (1) (b) (2) , Florida Statutes (1993) or Chapter 93-206 , Laws of Florida; 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 upon imposition of the capital improve- ments gas tax and shall be in effect for the life of the capital improvements local option gas tax. 1 i i 2 . Should Dade County impose and levy a local option gas tax of up to five cents effective January 1 , 1994 , the net proceeds thereof shall be allocated on the basis of 74 percent to the County (the County portion) and 26 percent to all eligible incorporated municipalities (the Municipal portion) in Dade County, Florida pursuant to Section 336 . 025 ( 6 ) , Florida Statutes, ( 1993) . If the transportation component of a general obligation bond issue, e.g. , Dade 2000, is approved by the voters, the cities ' portion of the tax collected will increase to 33 percent and the County' s portion will decrease to 67 percent; however, if the transportation component is rejected by the voters , the municipal portion will be reduced to 20 percent and the County' s portion will increase to 80 percent . Net proceeds shall mean the local option gas tax collected by the Florida Department of Revenue (DOR) less the administrative cost retained by the DOR as provided in Section 215 . 20, Florida Statutes ( 1993) . Any change to the distribution between the County and the cities based upon the success or failure of the transportation component of a general obligation bond program will be effective on the September 1, immediately following such referendum. 3 . Not less than twenty percent of the net proceeds collected shall be utilized by the County for municipal transportation services in unincorporated Dade County and shall be taken from the County' s share of the tax proceeds . 4 . 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 ration of the ‘10 61 2 t� population of each eligible incorporated munici- pality 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. 5 . Population figures shall be based on 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. 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 capital improvements local option gas tax proceeds among the municipalities for the upcoming annual period commencing September 1 . The percentage for distribution of capital improvements local option gas tax proceeds to any city whose current population or centerline mile 3 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 . Any change in percentage distributions required by section 2 above shall be reported to the State by the first of July, following the general obligation bond referendum. 7 . Pursuant to Section 336 . 05 (b) , Florida Statutes (1993) , 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 proceed- ings, 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 (1993) , as amended by the 1993 Legislature, the net proceeds of the capital improvements local option gas tax (not to exceed five cents) shall only be used for transportation expenses needed to meet requirements of the Capital Improvement Element (CIE) of an adopted comprehensive capital plan. Transportation expenses shall be limited to the programs defined in Florida Statutes 336 . 025 (7) . 9 . The provisions contained herein shall in no way affect the distribution provisions of the interlocal agreement governing the existing six cent local option gas tax imposed pursuant to Florida Statutes 336 . 025 . 4 10 . By June 1st of each year, to be eligible for gas tax funds, each city must certify to the County that they are using the tax proceeds in accordance with Section 336 . 025 ( 1 ) (b) ( 3 ) , Florida Statutes ( 1993) . Said certification is to include a list of projects in the CIE of the city' s adopted comprehensive plan and indicate which projects are to be funded with the proceeds of this local option gas tax. This certification will be forwarded to the Metropolitan Planning Organization. If a city fails to meet the certification requirements, the portion of the tax that is due to them shall be distributed to the remaining eligible cities based on the distribution formula for the municipal share of the tax proceeds . 11 . The Board of County Commissioners may, at its discretion, request an audit of funds allocated pursuant to this agreement to assure funds are utilized in accordance with State law. 6' 5 %0\613r a 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 CAN--",--: ....c,0'`"44/8*,,4 -iS".- k, 07 ��-� OAS ''1B _� A. 4-.. Ruvi , Clerk d •aqu G. Avino, P .E . , P . L. S . = COUNTY rn : County Manager �0 -1-C4L gibf Hialeah \() c011\'' ec��ited under authority of - o • *,,,g4.3, Resolution No . �� to ov a x . ••\:. \ ic 714 t 1 O 4 :I: § ATTEST:c::: 1� 4PY . . .8.. \ lt"3e 'k6. ai :4- B �. 43r 71 'k- ." ` Ci y C1 rk , (D ate) ;� , .e4 LI (Official Seal) on City of Miami Executed under authority of,, City Resolution No . 9 - `7'87 vs Cry W ATTEST: /, W ec ,:ti, o �/ By: o y.. LLJ City C erk J (Date) 4 g (Official Seal) 7 o N4M: City of City of Miami Beach By: - . A _ Executed under authority of (Date) City Resolution No. --/cA'S-S vr cn W 0 Cr Ll. ATTEST: ..., la )?1 A 1--6-ut„,d, E_ By: Aill City Clerk (Date) (Official Seal) FORM AP' /VEIL . _ 1.\E7AL I PT. ae ceei 6 By I, / .. 'fV, GP/3°/41? Date FIVE CENT CAPITAL IMPROVEMENT LOCAL OPTION GAS TAX DISTRIBUTION FY 1993-94 • 1993-94 PARTIAL YEAR ANNUALIZED 1992 %OF CITY WEIGHTED CENTERLINE % OF CITY WEIGHTED %SHARE OF GAS TAX ESTIMATED JURISDICTION POPULATION POPULATION 75% MILEAGE MILEAGE 25% TOT PROCEEDS REVENUE* REVENUE MIAMI 359,973 39.0363163 29.2772372 663.2 28.7311008 7.1827752 9.4796029 2,100,396 3,600,638 HIALEAH 195,579 21.2090454 15.9067840 476.7 20.6515618 5.1628904 5.4781154 1,213,786 2,080,753 MIAMI BEACH 93,461 10.1351300 7.6013475 161.3 6.9878265 1.7469566 2.4305591 538,539 923,199 NORTH MIAMI 50,090 5.4318771 4.0739078 134.5 5.8267989 1.4566997 1.4379580 318,608 546,180 CORAL GABLES 40,700 4.4136034 3.3102026 228.2 9.8860633 2.4715158 1.5032468 333,074 570,978 NORTH MIAMI BEACH 35,268 3.8245446 2.8684085 109.0 4.7220898 1.1805225 1.0527220 233,252 399,855 HOMESTEAD 27,087 2.9373778 2.2030333 100.0 4.3321925 1.0830481 0.8543812 189,305 324,520 OPA-LOCKA 15,255 1.6542880 1.2407160 66.2 2.8679114 0.7169779 0.5090004 112,779 193,334 SWEETWATER 14,096 1.5286033 1.1464525 15.6 0.6758220 0.1689555 0.3420061 75,778 129,904 MIAMI SPRINGS 13,230 1.4346922 1.0760192 55.0 2.3827059 0.5956765 0.4346409 96,303 165,090 SOUTH MIAMI 10,459 1.1341985 0.8506489 47.4 2.0534593 0.5133648 0.3546436 78,578 134,704 MIAMI SHORES 10,097 1.0949424 0.8212068 40.0 1.7328770 0.4332193 0.3261508 72,265 123,882 HIALEAH GARDENS 9,259 1.0040677 0.7530508 12.5 0.5415241 0.1353810 0.2309923 51,181 87,738 KEY BISCAYNE 8,897 0.9648115 0.7236087 20.5 0.8880995 0.2220249 0.2458647 54,476 93,387 FLORIDA CITY 6,067 0.6579197 0.4934398 35.1 1.5205996 0.3801499 0.2271333 50,326 86,272 WEST MIAMI 5,712 0.6194227 0.4645670 46.0 1.9928086 0.4982021 0.2503200 55,463 95,079 NORTH BAY VILLAGE 5,550 0.6018550 0.4513913 6.2 0.2685959 0.0671490 0.1348205 29,872 51,209 BAY HARBOR ISLANDS 4,721 0.5119553 0.3839672 9.0 0.3898973 0.0974743 0.1251748 27,735 47,545 SURFSIDE 4,204 0.4558916 0.3419187 12.0 0.5198631 0.1299658 0.1226900 27,184 46,601 BISCAYNE PARK 3,081 0.3341109 0.2505831 17.0 0.7364727 0.1841182 0.1130223 25,042 42,929 BAL HARBOUR 3,033 0.3289055 0.2466792 5.0 0.2166096 0.0541524 0.0782162 17,330 29,709 EL PORTAL 2,461 0.2668766 0.2001575 11.0 0.4765412 0.1191353 0.0830161 18,394 31,532 VIRGINIA GARDENS 2,199 0.2384647 0.1788485 6.2 0.2685959 0.0671490 0.0639594 14,171 24,294 MEDLEY 821 0.0890312 0.0667734 21.0 0.9097604 0.2274401 0.0764955 16,949 29,055 GOLDEN BEACH 805 0.0872961 0.0654721 7.5 0.3249144 0.0812286 0.0381422 8,451 14,488 INDIAN CREEK VILLAGE 44 0.0047715 0.0035786 2.2 0.0953082 0.0238271 0.0071255 1,579 2,706 TOTAL - CITIES 922,149 100.0000000 75.0000000 2,308.3 100.0000000 25.0000000 5,760,820 9,875,580 CITY TOTAL 26.0000000 5,760,820 9,875,580 DADE TOTAL 74.0000000 16,396,180 28,107,420 TOTAL 22,157,000 37,983,000 *CAPITAL IMPROVEMENTS LOCAL OPTION (5 CENTS) GAS TAX ESTIMATE (AT 100%) FOR FISCAL YEAR 1993-94, EXCLUDING THE 7.3%SERVICE CHARGE WITHHELD BY STATE, FOR SEVEN FISCAL MONTHS NOTES: POPULATION FIGURES FROM 'FLORIDA ESTIMATES OF POPULATION,APRIL 1, 1992' - UNIVERSITY OF FLORIDA CENTERLINE MILEAGE PER FLORIDA DEPARTMENT OF TRANSPORTATION 'CITY/COUNTY MILEAGE REPORT OF 1993' A Agenda Item 640. 3 (C) ( 4 ) 7-27-93 RESOLUTION NO. P.-996-93 RESOLUTION AUTHORIZING EXECUTION OF INTERLOCAL AGREEMENT WITH MUNICIPALITIES REPRESENTING A MAJORITY OF THE POPULA- TION OF THE INCORPORATED AREAS OF DADE COUNTY TO ESTABLISH DISTRIBUTION OF PROCEEDS OF THE 1993 CAPITAL IMPROVE- MENTS LOCAL OPTION GAS TAX 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 municipalities representing a majority'orit of the population of the incorporated 7 Y areas of Dade Countyfor the purpose of establishing a distribu- tion istribu-tlon of proceeds of the 1993 Capital Improvements Local Option Gas Tax in substantially the form attached hereto and made a part hereof, and authorizes the County Manager to execute same for and Y on behalf of Dade County, subject to proper execution by all the cities that are parties thereto-. The foregoing resolution was offered by Commissioner Sherman S. Winn , who moved its_ adoption. The motion was seconded by Commissioner Arthur E. Teele, Jr. d/ Agenda Item _ .. 3 (c ) ( 4 ) • Page 2 and upon being put to a vote, the vote was as follows : James T. Burke ayeMiguel Diaz de la Portilla aye . BettyT. Ferguson aye Maurice A. Ferre aye Larry Hawkins absent Bruce Kaplan aye Natacha S . Millan aye Dennis C. Moss aye Alexander Pene l as aye Pedro Reboredo aye Javier Souto nay Sherman S. Winn aye Arthur E. Teele, Jr. aye The Mayor thereupon declared the resolution duly passed and adopted this 27th day of July, 1993. DADE COUNTY, FLORIDA �..••••...� BY ITS BOARD OF ''� M /'•a COUNTY COMMISSIONERS ) A ' Feta( c.,0 —•-- O HARVEY RUVIN, CLERK courr Z—. 0 .1 p * y 1,, R ' c, . WILLIAMG. QLIVE1Rroved b CountyAtt y av By: App y ienc . r� ' Deputy Clerk to form and legal sufficiency 1. J r MEMORANDUM g A enda Item No. 3 ( C) ( 4 ) 107 p7-17A ' ran • Honorable Chairperson ai erson and Members DATE: July 27 , 1993 Board of County CommissioDers vin SUBJECT: Resolution Approving Interlocal Agreement for drAggoor Distribution of Proceeds FROM: G. Avino, P•E. , P.L.S. from Capital Improvements ounty Manager Local Option Gas Tax Recommendation isthat the Board adopt the attached resolution It recommended approving of the an interlocal agreement which provides for the distri- bution proceeds of the recently authorized local option capital improvements not to exceed five cents as gas tax for p P authorized by Section 336 . 025, Florida Statutes (1993) . The resolution further authorizes the County Manager to execute this of Dade Countyafter proper execution by all agreement on behalf cities that are a partyin effect .to the agreement presently Summary of Major Provisions Based on the oral agreements reached with the municipalities at the July 15 County Commission meeting, the attached interlocal agreement is submitted for your approval. This agreement, recommended for the life of the capital improvement local option gas tax (ifapproved) ,a roved) , includes the ,following major provisions: effective onlyif the capital improvements• local 1 . It is off elevied option gas tax not to exceed five cents is by P the County. 2 . The Countyreceives 74 percent and the cities 26 percent of the net proceeds. If the transportation component of a County general obligation bond program, Dade 2000, is approved by e.g. , the voters, the portion of the net tax collected will increase cities' to 33 percent and the County' s portion will decrease to 67P ercent . However, if the transportation compo- nent of a County general obligation bond program is rejected ed bythe voters, the municipal portion will be reducedto percent 20 and the County' s portion will increase to 80 percent. If no general obligation bond referendum is held, the distribution would remain 74 count /26 percent cities. Any changes to the percent Ycities, based distribution between the County and the upon the disposition of the transportation component of a general obligation bond program, will be effec- tive the ensuing on the next September 1, for local government fiscal year. • Honorable Chairperbon and Members Board of County Commissioners Page 3 g) debt service and current expenditures for transpor- tation capital projects in the above program areas, including construction or reconstruction of roads As with the existing six-cent local option gas tax, the county may, prior to imposition of the tax, establish by interlocal agreement a distribution formula for dividing the tax proceeds between the County and eligible municipalities. To distribute the tax proceeds based upon an interlocal agree- ment, only Miami and either Hialeah or Miami Beach are required as signatories to meet the statutory requirement as representa- tives of a majority of the incorporated area population of Dade County. The attached interlocal agreement contains the mutually accepted terms and conditions reached after negotiations with representa- tives of the above cities and the Dade League of Cities. In order for the tax to be effective in FY 1993-94 with an interlocal agreement the statutes require that this agreement be executed prior to September 1, 1993 and approvals are being sought within this time frame . If an interlocal agreement has not been executed prior to September 1, 1993 , the County Commission may proceed with agreement . In P FY 1993-94 without an imposition of the tax for this situation, the Commission must levy and impose the tax by November 1, 1993 to be effective January 1, 1994 and an alter- nate formula must be utilized that distributes the gas tax to the County and eligible municipalities in proportion to their actual transportation expenditures over the preceding five fiscal years. If this method is used, Dade County would be entitled to approximately 90 percent of the proceeds rather than the shares we have negotiated with the cities . Approval of the attached resolution would indicate the County' s intent to distribute the proceeds of the five cent capital improvements local option gas tax as outlined in the attached interlocal agreement . Your approval of this resolution is required at this time in order to allow for execution of the agreement prior to the deadline of September 1, but following concurrence by Miami Beach (7/28/93) , Miami (7/22/93) and Hialeah (8/10/93) . Attachments • • Honorable Chairper-on and Members Board of County Commissioners Page 3 . Not less than twenty percent of the total funds collected shall be utilized by the County for munici- pal al transportation-related programs in unincorporated Dade County. 4 . 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) - the same methodology used for the existing local option gas tax. 5 . By1st of each year, to be eligible for gas tax July certify to the Countythat they are funds, cities must cern y using the tax proceeds in accordance with Section 336 . 025 (1) (b) (3) . If a city fails to meet the certi- fication requirements, the portion of the tax that is due to them, shall revert to the County. 6 . The Countyshall have the right to request an audit of funds allotted to a city to assure funds are utilized in accordance with State law. 7 . Therovisions contained herein shall in no way affect P the distribution provisions of the existing six cent local option gas tax interlocal agreement . Background State law permits counties to impose up to a five cent local option gas tax on motor fuel to be used only for transportation P • meet the requirements of the capital expenditures needed to �p s 'm rovements element of an adopted comprehensive plan. Metro- Dade and the cities within the county would share approximately $35 million if the entire five cent capital improvement local 9 option as tax is levied. The statutes define "transportation P expenditures" as including: a) P ublic transportation operations and maintenance b) roadwayand right-of-way maintenance and equipment and structures used primarily for the storage and mainte- nance 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 2 r . STATE OF FLORIDA ) SS : COUNTY OF DADE ) I , HARVEY RUVIN, Clerk of the Circuit Court in and for Dade County, Florida, and Ex-Officio Clerk of the Board of County Commissioners of said County, DD HEREBY CERTIFY that the above and foregoing is a true and correct copy of Resolution No. R-996-93 , adopted by the said board of County Corm i ss i oners at its meeting held on July 27 1993 . IN WIC WEREOF, I have hereunto set my hand and official seal on this 16th day of August , A.D. 19 93 HARVEY RUVIN, Clerk Board of County CorYm i ss i oner s Dade County, Florida AO' ByC 1 _ Deputy Clerk or- SEAL „/i 'fi vr A CI 47N, 44"'NS";\40r,* Board of County Corm i ss i oners Dade County, Florida CLK/CT 587 3/93 • RESOLUTION NO. 93-62 • of RESOLUTION OF THE MAYOR AND CnnCe2pV i-jc-111131C 0:1 filC CITY COUNCIL OF THE CITY OF with the City of Hitiltall HIALEAH, FLORIDA, AUTHORIZING WITNESS my hand and Official THE MAYOR AND CITY CLERK TO 14k\on G - 1993 NEGOTIATE, ,AND ENTER INTO AN IN TERL 0 CAL 'AGREEMENT WITH METROPOLITAN DADE COUNTY AND ci CLERK OTHER DADE COUNTY MUNICIPALLC ' OF HIALEAH,FLORIDA TIES AGREEING TO THE FORMULA FOR DISTRIBUTION AND PURPOSES • FOR WHICH THE FUNDS FROM AN ADDITIONAL LOCAL OPTION GAS TAX UP TO FIVE CENTS ($0.05) MAY BE USED. WHEREAS, the City of Hialeah has entered into an Interlocal Agreement with Dade County, City of Miami and City of Miami Beach, with regards to the current six cents ($0.06) Local Option Gas Tax in effect through August of 1998, passed and adopted by the Boarcipf_County Commissioners pursuant to.Section 336.025, Florida Statutes; and WHEREAS, the City of Hialeah, City of Miami, City of Miami Beach, and other municipalities are currently negotiating with Metropolitan Dade County for a more equitable distribution of Local Option Gas Tax money to municipalities should Metropolitan Dade County pass an additional Local Option Gas Tax up to five cents ($0.05), given that the Florida Legislature passed and adopted legislation earlier this Spring allowing the counties to impose said additional five cents ($0.05) Local Option Gas Tax; and WHEREAS, an additional five cents ($0.05) Local Option Gas Tax would generate approximately $35 Million Dollars in Dade County; the amount of funding that would be allocated to the City of Hialeah under the current distribution formula (74% to counties, 26% to municipalities) is approximately $1.9 Million Dollars; any additional percentage negotiated and agreed to by Administration would be over and above said $1.9 Million Dollars; and WHEREAS, time is of the essence in this matter, given that the Hialeah City Council is on vacation during the month of July, 1993, and the City Commissions for the Cities of Miami and Miami Beach are on vacation during the month of August, 1993. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, that: f • • • RESOLUTION NO. 93-62 • PAGE OF Section 1. The Mayor and the City Clerk of the,City of Hialeah, Florida, are hereby authorized to negotiate and enter into an.Interlocal Agreement with Metropolitan Dade County and the Municipalities of Dade County, 'agreeing to the formula for distribution and purposes for which the funds from an additional Local Option Gas Tax up to five cents ($0.05) may be used. PASSED and ADOPTED this 22nd day of June , 1993. s Ili 11141411 • Herman clievarria President of Council Attest: Nii\ - — 7 r Iti f C.: -, .._..� , ,a. Approved: TT//VV2�„.; rr..//YY}LL_--- • Dani F. DvLroach, City Clerk jlayor J 1'. J. Martinez Approved as to Legal _ r / 7/ / 6 , ' .' 2 Suffcienc nd as to Foi-rn / (res.locolitax.dpcay - 7 ej an ro Vilarello, City Attorney RESOLUTION was adopted by a unanirrotis vote with Counc' s Caldwell, , D'Angelo, Ehevarria j, Fajardo, Garcia, Morales arx1 Nunez voting "Yes". J-93-546 7/21/93 934 t < < RESOLUTION NO. A RESOLUTION, WITH ATTACHMENT(S) , AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH METROPOLITAN DADE COUNTY ( "DADE COUNTY" ) AND MUNICIPALITIES REPRESENTING A MAJORITY OF THE POPULATION OF THE INCORPORATED AREAS OF DADE COUNTY TO PROVIDE FOR THE DISTRIBUTION TO SAID MUNICIPALITIES OF A PORTION OF THE PROPOSED DADE COUNTY OPTIONAL GAS TAX, SAID AUTHORIZATION CONTINGENT UPON DADE COUNTY IMPOSING AND LEVYING SAID LOCAL OPTION TAX. WHEREAS , Section 336. 025 , Florida Statutes (1993) , authorizes counties to levy a local option gas tax upon motor fuel and special fuel , not to exceed five cents ($0. 05) , said tax in addition to the six cents ($0. 06) local option gas tax now in effect ; and WHEREAS , State law requires that the counties share the proceeds of such a tax with municipalities ; and WHEREAS , pursuant to Resolution No . 93-337, adopted May 27 , 1993 , the City Manager was authorized to negotiate with Metropolitan Dade County to optimize the financial return to the City of Miami ; and WHEREAS , on July 15 , 1993 , the Board of County Commissioners of Dade County reached an agreement with the municipalities which is reflected in the Interlocal Agreement, attached hereto ; and CITY COMMISSION j/!� C _ .t -.,4 :,,,.. MEETING O ' s JUL 2 2 1993 r .‘ Resolution No. 9 3 4 S '....'1f_A►e-t-r1...+.-►.t+:A1.�1ViFRY .-' •Z WHEREAS , Florida Statutes require that said Interlocal Agreement must be executed by the municipalities prior to September 1 , 1993 so that the tax may be levied by Dade County before November 1 , 1993 ; 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized to execute an Interlocal Agreement , in substantially the attached form, with Metropolitan Dade County ( "Dade County" ) and municipalities representing a majority of the population of the incorporated areas of Dade County to provide to said municipalities a portion of the proposed Dade County Optional Gas Tax, said authorization contingent upon Dade County imposing and levying said Local Option Tax. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 22nd dayof July , 1993 . rTh C-- XAVIER L. SUREz , AMAYOR L.ATTEST: '' '' jn/ e t,J moi. 'ATTY — I CITY CLERK 93 - -2- • PREPARED AND APPROVED BY: RA EL 0. DIAZ DEPUTY CITY TORNEY APPROVED AS TO FORM AND CORRECTNESS: 42o- 01/3 // A. J • SES, II� CITY ATT6 N EY ROD:csk:bss:M3781 -3- 93- 4 e 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 3 , inclusive , constitute a true and correct copy of a Resolution passed and adopted by the City Commission at the meeting held on the 22nd day of July , 1993 . SAID RESOLUTION WAS DESIGNATED AS RESOLUTION NO. 93-484 . IN WITNESS WHEREOF, I hereunto set my hand and impress the Official Seal of the City of Miami , Florida this 17th day of August , 1993 . MATTY HIRAI City Clerk Miami , Florida B y : ,. . ,,Q -c.-�. eputy City Clerk (OFFICIAL SEAL) Agenda3(C) ( 4 ) Page 2 • to a vote, the vote was as follows: and upon being put Portilla a a e P ' el Dial de la Port y aye Miguel gu aye James T• BurkeMaurice A. Ferre Betty T• Ferguson aye a Kaplan aye B Y absent Brut P aye Larry Hawkins Dennis C, Moss Natacha S. Millan aye Pedro Reboredo aye aye Alexander Penelas ayeSherman S. Winn o nay Javier Sout Arthur E. Teele, Jr. aye The Mayor 'on duly passed and thereupon declared the resoluta adopted this 27th day of July, 1993. ADE COUNTY, FLORIDA D OF BY ITS BOARD .00... •'•M •••., COUNTY COMMISSIONERS ,SA •AGO �� .` RUV I N, CLERK 2 `-'-- O HARVEY COUNTY Z � ' OLIVERtI,x . 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Z ss� o� S d / uawano.zdwl T'eltd1ep w 3 ;OP • : . -de 444DUA aaaoad 3o uotingt1Vsta • sp �a�ul a03 luawaalby Ete of uno� 3o p�eOg dd not�ntosa� .1�3t`Sl�S o ss-top �� . 6uino.z � s�Ati � � s atgQ�ouoH a pue uos1a t YO sxagw � �66t '�Z AIM' . . WOK oN malt apuabV WIIONVUOIN3W . _ . • i erbon and Members Konorabl a Cha rP a rs Board of County Commission page 3 g) debt t service and current eXPenditures for transpor- tation ranspor-tation capital projects in the above program areas, including construction or reconstruction of roads . option gas tax, the county As • •n six-cent local interlocal with the existing tax, establish by may, imposition of the rcia prior to• formula for dividing the tax proceeds Ya distribution agreement municipalities. between the County and eligible u n an interlocal agree- . tax proceeds based p� are required distribute the leak or Miami Beach � ToMiami and either Hia only requirement as representa- tives. Ymeet the statutory as ion a Dade t signatories to incorporated area population. of a majority of the t lve s County. ' the mutually accepted • local agreement contains tacked inter with representa- tives ions reached after negotiations d Condit League of Cities. In termsvof cities and the Dade gu •th In 'res the above effective in FY X993-94 with t itax to be e f f the that this agreement be order for the statutes require be interlocal agreement 1993 and approvals are rn to September 1, executed• prior •me frame. being within this tl sought prior to not been executed p , oral agreement has may proceed with If an inters County Commission p In .- 1 1993, the C Y an agreement. $ep+tember tax for FY 1993-94 withoutthe tax by imposition of the n must levy and impose � on the Commission 1994 and an alter- this situation, effective January 1, 1993 to be distributes the gas tax to nate forber mula utilized that o their formula must be in proportion t alter- nate eligible municipalitiesfive Countyand gs over the preceding the expenditure t would be actual transportationhod is used, Dade County years. If this met the proceeds rather than fiscal Ye el 90 percent of entitled to approximately • th the cities. of iated with the shares we have negotiated County' s • would indicate the County the attached resolution five cent capital Approval of the proceeds of the attacheda to distribute P as outlined in the intentlocal option gas tax this resolution is improvementsYour approval of of the interlocal agreement. o allow for execution this time in order t September 1� but following required atthe deadline of 9 3 and agreementprior to Miami t7/2z/ concurrence me Beach (7/28/93) , rrenCe by Miami concis Hialeah (8/10/93) . Attachments . 7 • norabl a Cha i rpe z.,on and Members of County HO nt Commissioners Page 2 the total funds twenty percent of less than tw y • County for munici- pal 3 • Not utilized by the collected shall be programs in unincorporated Dade County. on share of 2 b percent • divide the municipal percent) and 4 , The cities tion (weighted 75 c i s of population Wei kited 25 percent) the ba miles maintained t glocal centerline road for the existing - the same methodology used option gas tax. be eligible for gas tax st of each year, to t that they are 5 • By July 1 certify to the County ct ion funds, cities must accordance with Se proceeds in • the tax p to meet the certi- fication ert i- using If a city fails thateis 3 6 .02 5 (11 tb� (�� ' of the tax 336 .025 (1) (b) (3) . requirements, the portion f icat ion requ due evert to the County• to them, shall r request an audit of have the right to The County shallassure funds are utilized 6 ' T allotted to a funds city to in accordance with State law. • in no way affect provisions contained herein shalltin six cent The of the existing 7 . the distribution provisions local agreement. tion gas tax inter local op local BAsIsmsmad State law permits ernS cou nties to impose up to a fivecent local l optiongas tax on motor fuel to be used only for transportation expenditures needed to meet the requirements of the capital l impovements element of an adopted comprehensive plan. Metro_ Dadeand the cities within the county would share approximately millionif the entire five cent capitalim roVement local $3 optiOn gs tax is levied. The statutes define "transportation expenditures" as including transportation operations and maintenance a) public ment and maintenance and equip . _ nance and right-of-way mai n by roadwayprimarily for the storage and mainte structures used p of such equipment c) roadway and right-of-way drainage d) street lighting signal izat ion and traffic engineering, e) traffic signs, pavement markings maintenance and operation f) bridge ma inten 2 STATE OF FLORIDA ) ) SS: COUNTY OF DADE1 , HARVEY ) I JV I N Clerk of the Circuit Court in and for Dade County, Florida. and Ex Officio Clerk of the Board of County Ca im i ss oner s of sa i d County, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of Resolution i No. R-996-93 , adopted by the said board of County Ccxmn i ss i one rs at its meeting held on July 27 1993 . I N 1N 1 TNESS F I haYe hereunto set my hand and official seal on dayof , A.D. 191:1 • this 16th HARvEY RIJVIN, Clerk Board of County Camm i ss i oner s Dade County, Florida Deputy Clerk mar > Lick ; 4 1:di / / ? C1 Board of County Cmn i ss i oners Dade County, Florida CLK/CT 587 3/93 RESOLUTION NO. 93-62 �......� ION OF THE MAYOR AND � _�.-�- . . .. . .: .�. RESOLUTION CITY COt1I�CIL OF THE CITY OF FLORIDA, AUTHORIZING HIALEAH, CITY c: ���:_:_� OR AND CLERK TO THE N'�AY �►'TI�lti i.,JS my h�.i.�d and Gff :; i NEGOTIATE .AND ENTER INTO AN. �.. G 1993 INTERLOCAL •'AGREEMENT WITH METROPOLITAN DADE COUNTY AND OTR DADE COUNTY M CIPAL - C CL REEL�G TO THE FORMULAOF �t TIES AG C �ALE. �,F�_G. .� FOR DISTRIBUTION AND PURPOSES FOR WHICH THE FUNDS FROM AN LOCAL ADDITIONALOPTION GAS TAX UP TO MAY CENTS ($0.05) �.AY BE USED. • into an Interlocal Agreement with WHEREAS, Cityof Hialeah has entered . the regards to the current six Miami and Cityof Miami Beach, withg Dade County, City of , � of passed and adopted Gas Tax in effect through August1998, cents ($0.06) Local Option 36.025 Florida Statutes; by the D c4fd._of County Commissioners pursuant to Section and Cityof Miami Beach, and other ���REAS, the City of Hialeah, City of Miami,municipalities are currently negotiating with Metropolitan an Dade County for a more re equitable distribution of Local Option Gas Tax money to municipalities should Metropolitan Dade County pass an additional Local Option Gas Tax up to five cents ($0.05), given that the Florida Legislature passed and adopted legislationisiation earlier this Local Option Gas rine atallowing the counties to impose saidadditional five cenis ($0.05) Sp a Tax; and . . ($005) Local O tion Gas Tax would additional five cents P . �,�'�REAS, an the amount of funding that • $35 Million Dollars in Dade County, generate approximately distribution formula (74% to Hialeah under the current d be allocated to the City of anyadditional would . . • • - xlmatel $1.9 Million Dollars; 26% to municipalities) is approximately yabove said $1.9 counties, Administration would be over and P � negotiated and agreed to by perc..ntag.. Million Dollars; and given that the Hialeah City time is of the essence in this matter, • WHEREAS, the CityCommissions for the • duringthe month of July, 1993, and Council is on vacation month of August, 1993. Beach are on vacation during the Cities of Miami and Miami NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, that: • • Z 62 . PAGE 2 OF 2 Clerk of the City of Hialeah, Florida, are �� • � The Mayor and the City rEr.by authorized to negotiate and enter into an Interlocal Agreement with Metropolitan ,• � -�• DadeCounty, 'a reefing to the formula for and the :M,iva�cip aii ties of Dade County dpurposes for which the funds from an additional Local Option Gas Tax up distribution an p p to five cents ($0.05) may be used. 22nd dayof Jae 1993. PASSED and ADOPTED t� is ', ,, ;L _....1 Herman ci evarria President of Council Attest: Approved: iin ‹.2.4.- 9(i i � � PP � .�;� J. Martinez Mayor J D ��:�� F. DeLoach, City Clerk Approved as to Legal - 7 ' Suffic ency)nd as toForm (res.!oc.op-tax.doc. 1 ay(y. i ` ' i e•an ro Vilarello, City Attorney RESOLUTION was adopted by a Go�� Calms vote with c , D �ncre.lo, EcheVarna, Fa j ardo, Garcia, Morales l . J-93-546 7/21/93 (i - 4S4 RESOLUTION NO. WITH ATTACHMENT(S) , AUTHORIZING A RESOLUTION, TO EXECUTE AN INTERLOCAL CITY MANAGER THE AGREEMENT, IN SUBSTANTIALLy THE ATTACHED METROPOLITAN DADE COUNTY (UDADE FORM, WITH ING A • AND MUNICIPALITIES REPRESENT COUNTY") MAJORITY OF THE POPULATION OF THE COUNTY TO PROVIDE AREAS OF DADE INCORPORATED MUNICIPALITIES FOR THE DISTRIBUTION N TO SAID OF A PORTION OF THE PROPOSED DADS COUNTY AUTHORIZATION TAX, SAID OPTIONAL GAS CONTINGENT UPON DADE COUNTY IMPOSING AND LEVYING SAID LOCAL OPTION TAX. WHEREAS, Section 336.025, Florida Statutes (1993) , a local authorizes counties to levy option gas tax upon motor fuel and special fuel, not to exceed five cents ($0.05) , said tax in addition to the six cents ($0.06) local option gas tax now in effect; and WHEREAS , State law requires that the counties share the proceeds of such a tax with municipalities; and WHEREAS , pursuant to Resolution No. 93-337, adopted May 27, 1993 , the City Manager was anthoriZed to negotiate with Metropolitan Dade County to optimize the finanoial return to the City of Miami; and WHEREAS, on July 15, 1993, the Board of County Commissioners of Dade County reached an agreement with the municipalities which Agreement, reement, attached hereto; and reflected in the Interlocal g r----�------- _ ------- - LIT? COMMISSION MEETING OF Jt.ft221993 f ". k{ •.,. . - , .-% ; -• r .,. - : ..; 1 Resolution Na 11193- 484 # f _ • WHEREAS , Florida Statutes require that said Interlocal t must be executed by the municipalities prior to Agreement r 1 1993 so that the tax may be levied by Dade County Septembe , before November 1 , 1993; EFORS, BE IT RESOLVED BY THE COMMISSION OF THE CITY NOW, THER OF MIAMI , FLORIDA: findin s contained in the Section 1 . The recitals and g hereb adopted by reference Preamb1e to this Resolution are y or orated herein as iffully set forth in this thereto and incorporated Section. Section 2. The City Manager is hereby authorized to Interlocal Agreement, in substantially the attached execute an Metropolitan Dade County ("Dade County") and Metro form, with p t of the population of the s representing a majority�aunicipalitie p incorporated areas of Dade County to provide to said municipalities a portion of the proposed Dade County Optional Gas Tax, said authorization contingent upon Dade County imposing and levying said Local Option Tax. n 3. This Resolution shall become effective Sectio immediately diatel upon its adoption.22nd of July , 1993. PAS SED AND ADOPTED this day J 'c,- XAVIER . SUAREZ MAYOR ATTEST: C--e4'4,-1 d' Jr , - k atj TTY . . I CITY CLERK 93- 4S4 _2- + a PREPARED AND APPROVED BY: RA EL O. DIAZ ;2 DEPUTY CITY TORNEY APPROVED AS TO FORM AND CORRECTNESS: ,Y) /// A. Qt - • • "ES, II CITY ATT" '. EY ROD:Csk:bss:M3751 ¶j3- 4S4 -3- 4 t STATE OF FLORIDA ) COUNTY OF DADE ) CITY OF MIAMI ) I , NATTY HIRAI , City Clerk of the City of Miami , Florida , and keeper of the records thereof , do hereby certify P that the attached and foregoing pages numbered 1 through 3 , inclusive , constitute a true and correct copy of a Resolution passed and adopted by the City Commission at the meeting held on the 22nd day of July , 1993 . SAID RESOLUTION WAS DESIGNATED AS RESOLUTION NO. 93-484. IN WITNESS WHEREOF, I hereunto set my hand and impress the Official Seal of the City of Miami , Florida this 17th day of August , 1993 . MATTY HIRAI amity Clerk Miami , Florida By: —eputy UM' l e rk (OFFICIAL SEAL) 1 UKJ UINAL RESOLUTION NO. 93-20855 f Authorizing the Mayor and City clerk to414100 execute an interlocal agreement with Dade County, the City of Miami, and the City of - Hialeah• 3 OMMMMIMMOAMMWEIMMIMMMMIND • 41i a