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RESOLUTION 85-18115 RESOLUTION NO. 85-18115 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN METROPOLITAN DADE COUNTY AND THE CITY OF MIAMI BEACH TO ESTABLISH A DISTRIBUTION OF PROCEEDS OF A FIFTH AND SIXTH CENT LOCAL OPTION GAS TAX WHEREAS, Metropolitan Dade County has approved on first reading a fifth and sixth cent local option gas tax, and WHEREAS, an Interlocal Agreement will provide a larger allocation of said proceeds to the City of Miami Beach, NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the attached interlocal agreement is approved in substantially the same form for the purpose of establishing a distribution of proceeds of a fifth and sixth cent local option gas tax and authorizes the Mayor to execute this agreement on behalf of the City of Miami Beach, Florida. PASSED AND ADOPTED this 26th day of June, 1985. C _ ,J2-.41----- --- MAYOR ,-- ATTEST:ATTEST: • 4,0'-/-. 1e_ .d--- , - CITY CLERK C BT:apc FORM APPROVED LE iL DEPT o / I i Date "IC Ti_ -' deeete4 ee, j /4i ---1... ,'aE4'.. FLORIDA 3 3 1 3 9 �*;INCORI ORATED 1 "V VAC A TIONLANL) U. S. A. tqfN`264; OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO.32i2A-S‘ DATE: June 26, 1985 TO: Mayor Malcolm H. Fr. .. a , • i /' Members of th- ' y Commiss'• ir W. Park, iroi/FrFROM. Rob City Manager ' SUBJECT: 2c GAS TAX INTE LOCAL AGREEMENT During the 1985 Legislative Session, the Florida Legislature authorized counties to levy an additional fifth and sixth cent local option gas tax. The County Com m ission at its June 18th meeting adopted on first reading an ordinance imposing and levying this tax. The law provides for two alternatives in distributing the tax proceeds between the County and the Cities. The first is using a statutory prescribed formula using respective transportation expenditures over the preceding five years. The second is to negotiate an interlocal agree m ent. In 1983 with the initial local option gas tax, extensive negotiations were held with the County and an interlocal agreement was adopted. This agreement allocated 74% to the County and 26% to the Cities. The 26% is then allocated to the Cities based on a ratio of population and center line road miles. The statutory prescribed formula would yield an allocation of 87% to the County and 13% to the Cities. In order to provide the Cities with a proportionately greater share of the fifth and sixth cent tax, the County Corn mission has authorized that an interlocal agreement based on the 1983 agreement be negotiated by the County Manager. In order to meet the requirements of the Statute, this agreement must be executed by Miami and Hialeah or Miami Beach prior to July 1st. The fifth and sixth cent local option gas tax allocated in accordance with the 1983 Interlocal Agreement will provide approximately $400,000 in revenues to the City to be used on transportation related expenditures. ADMINISTRATION RECOMMENDATION: The Administration recom mends that the --attached resolution be approved. R W P:C BT:apc Attach m ent 23 AGENDA (-R__1___ E. __ ITEM DATE , 4,- ac a p au t&cel r 7- 0.,f/ffi% " �`�e�:/�`-� ivi es- /���`�' c " u"°"' .,�- ALL-- ( .4, RESOLUTION NO. ,t9 AV\k" i -�.. - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN METROPOLITAN DADE COUNTY AND THE CITY OF MIAMI BEACH TO ESTABLISH A DISTRIBUTION :OF PROCEED. OF A FIFTH AND SIXTH CENT LOCAL OPTION GAS TAX WHEREAS, Metropolitan Dade County has approved on first reading a fifth and sixth cent local option gas tax, and WHEREAS, an Interlocal Agreement will provide a larger allocation of said proceeds to the City of Miami Beach, NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the attached interlocal agreement is approved in substantially the same form for the purpose of establishing a distribution of proceeds of a fifth and sixth cent local option gas tax and authorizes the Mayor to execute this agreement on behalf of the City of Miami Beach, Florida. PASSED AND ADOPTED this 26th day of June, 1985. MAYOR ATTEST: a- CITY CLERK FOrM APPROVED C BT:apc LE �L DEPT By mod Date 24 AGENDA ITEM ��' • INTERLOCAL AGREEMENT This agreement entered into this day of 1985, by and between both Dade County, Florida , a political subdivision of the State of Florida and the City of Miami, and either the City of Miami Beach or the City .of Hialeah. WITNESSETH WHEREAS, the 1985 Florida Legislature has authorized counties to levy a fifth and sixth cent local option gas tax upon motor fuel and special fuel; and WHEREAS, Dade County may determine to levy said tax under the procedures of subsection (3) (a) 1 of Section 336 .025, Florida Statutes, as amended by the 1985 Florida Legislature and the parties wish to provide a formula for distribution of the proceeds thereof as set forth below. 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 both the County and the City of Miami, and of the governing body of either the City of Miami Beach or the City of Hialeah and execution by both the County and the City of Miami, and either the City of Hialeah or the City of Miami Beach, and shall terminate August 31, 1988 . 2. The net proceeds of any fifth and sixth cent local option gas tax levied and imposed by Dade County 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 , as amended. Net proceeds shall mean the fifth and sixth cent local option gas tax collected by the Florida Department of Revenue 25 AGENDA ITEM DATE ' • (DOR) less the amount retained by the DOR for administration as provided in Section 215. 20 , Florida Statutes. 3. The Municipal portion of the fifth and sixth cent local option gas tax shall be distributed among the eligible incorporated municipalities in Dade County, Florida, based on a formula as follows: 1) Seventy-five percent (75%) based upon the ratio of the population of each eligible incorporated municipality compared to the total population of all eligible incorporated municipalities in Dade County; and 2) twenty-five percent (25%) based upon the ratio of total centerline miles of roadway maintained by each eligible incorporated municipality compared to the total centerline miles maintained by all eligible incorporated municipalities in Dade County. Population figures used shall be the figures used to determine the annual distribution of the 1/2 cent local government sales tax pursuant to Section 218. 60 (1) (a) , Florida Statutes. Centerline mile figures shall be based upon yearly figures submitted by each municipality to the Department of Banking and Finance in their Annual Financial Report and recorded by the Florida Department of Transportation as required by ' Section 218.32 (1) (a) and (4) , Florida Statutes. The population and lane mile figures shall be updated annually with data F current as of July 1 of each year. 4. The percentages for distribution shall be calculated by the County annually. By July 15 of each year, the ',4 \\ County shall notify all municipalities and the appropriate State agencies of the percentages for distribution of fifth and sixth cent local option gas tax proceeds among the municipalities for the upcoming annual period commencing page 2 of 4 26 - •, � .sir � i • September 1. The percentage for distribution of fifth and sixth cent local option gas tax proceeds to any city whose current population or centerline mile figures is not available shall be determined by the County based on the most recent available population and/or lane mile figures reported to the State Department of Transportation. 5. Pursuant to Section 336 . 025, Florida Statutes, disputes regarding the percentages of distribution to any municipality hereunder shall be resolved by administrative hearing pursuant to Section 120. 57 , Florida Statutes, with right of appeal to the Administration Commission. Pending final disposition of such proceedings, the tax shall be collected and such funds shall be held in escrow by the Clerk of the Circuit Court of the County until final disposition is made. 6. In accordance with Section 336.025 (c) , Florida Statutes, as amended, the netproceeds of the local option p 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; (c) roadway and right-of-way drainage; (d) street lighting; (e) traffic signs, traffic engineering, signalization, and pavement markings; (f). bridge maintenance and operation; (g) debt service and current expenditures for transportation capital projects in the above program area, including construction or reconstruction of roads. page 3 of 4 2'7 } • • - . • _ , • 3 .+, 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.. METROPOLITAN DADE COUNTY, FLORIDA • By: Pi.R. Stierheim Date County Manager ATTEST: Richard P. Brinker, Clerk (Official Seal) CITY OF MIAMI By: City Manager er Date Executed under authority of City Resolution No. • • } ATTEST: - City_ -Clerk (Official Seal) CITY OF H I ALEAH By: Mayor Date Executed under authority of City Resolution No. ATTEST: City Clerk (Official Seal) CITY OF MIAMI BEACH By: Mayor Date Executed under authority of City Resolution No. ATTEST: 28 • • City- Clerk • Official Seal • -pace 4 of 4 1 .t ORIGINAL RESOLUTION NO. 85.18115 (Authorizing the execution of an Inter- local agreement between Metropolitan Dade County and the City of Miami Beach to establish a distribution of proceeds of a fifth and sixth cent local option gas tax)