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Home My Public Portal About05-20-1993 Agreement with Dade County.tifNot on Agenda Item No. 5(f)(5) 5-18=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: Not on Agenda Item No. 5(f)(5) Page 2 James Burke Betty T. Ferguson Larry Hawkins Natacha S. Millan Alexander Penelas Javier D. Souto Arthur aye aye aye aye absent absent E. Teele Miguel Diaz de la Maurice A. Ferre Bruce Kaplan Dennis C. Moss Pedro Reboredo Sherman S. Winn , 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. •, ....o.e, COM4i . .. s. O SJ It Approved by County At'Fnef to form and legal suf f ic1'2YtEEy , . DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK By: WILLIAM G. OLIVER Deputy Clerk 5 INTERLOCAL AGREEMENT This agreement entered into this vd 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 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 maintenance; b) roadway and right-of-way maintenance and equipment and structures used primarily for the maintenance of such equipment c) roadway and right-of-way drainage; d) street lighting; e) traffic signs, traffic engineering, pavement markings; bridge maintenance and operation; debt service and current transportation capital projects in areas, including construction or roads. f) g) storage and signalization and expenditures for the above program 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: .n , Cler) gum G. Avino .S. * ounty Manager Executed under authority of Pont 8EAcH City Resolution No. 93-'201-13 ATTEST: . ,,G� 44 W. DADE COUNTY, FLORIDA O• Apf 61P,2%% .n - 'tcl "707'1- ' , , P.E.,P.L City Clerk (Official Seal) Executed ur:den authority of City Resolution No. `1s �c) ATTEST: City Clerk (Official Seal) Executed under authority of City solution No. 93-337 AT i' City Clerk (Official Seal) B By: (Date) FORM APPROVED LEGAL DEPT. By Date S- -1'3 Approv uu:.ic:e ► y�;Td t Form e�, .T ro Vilarello