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
----
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P.E. ,P.L.S.
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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.
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\:::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
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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
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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.
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o FORM
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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.
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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
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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
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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
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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
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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
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93- 337
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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
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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)
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93- 337 (fjJ
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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)