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HomeMy WebLinkAbout2005 05 23 Regular Item 502, 1-cent Fuel Tax 0052305_ COMM _Regular _502 _Interlocal_ Agreement COMMISSION AGENDA ITEM 502 Consent Informational Public Hearing Regular X May 23, 2005 Regular Meeting Mgr. r / Dept. Authorization REQUEST: The City Manager requesting the City Commission to authorize the Mayor to sign the attached Interlocal Agreement related to the adoption of a I-Cent Fuel Tax authorized by Florida Statutes; Section 336.025(1)(B) for the purpose of funding ADA Transportation Fixed Bus Route Service and Public Transit. PURPOSE: This Agenda Item is needed for the levy of the I-Cent Local Option Gas Tax by Seminole County to fund ADA Paratransit and other transit needs in Seminole County. CONSIDERATIONS: On April 25, 2005 the City Commission passed Resolution Number 2005-18 supporting Seminole County levying an additional I-Cent Fuel Tax to support transit in the County. The Resolution clarified that Winter Springs' support was based upon the City not being required to pay a partial year funding in FY 06. It also pointed out that the County would not impose future funding of ADA Services without the consent of the City. Seminole County desires the Cities in the County to enter into an interlocal agreement, with the Cities setting out the formula for distribution of the funds and the means by which the formula may be adjusted in the future. FUNDING: N/A 0052305_ COMM _Regular _502 _ Interlocal_Agreement Page 2 of2 RECOMMENDATION: It is recommended that the City Commission authorize the Mayor to sign the Seminole County lnterlocal Agreement subject to this Agenda Item, provided that Seminole County provides Winter Springs with satisfactory assurances that Winter Springs will not be required to pay a partial year or other funding for ADA Services through the period ending June 30, 2015. A TT ACHMENT: Proposed lnterlocal Agreement April 29, 2005 County Manager Letter April 25, 2005 Agenda Item 505 and Resolution 2005-18 COMMISSION ACTION: INTERLOCAL AGREEMENT RELATING TO THE OPTIONAL ONE CENT FUEL TAX AUTHORIZED BY FLORIDA STATUTES. SECTION 336.025(1 )(B) THIS INTERLOCAL AGREEMENT, is made and entered into this _ day of , 2005, between and among SEMINOLE COUNTY, a political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771 (hereafter referred to as the "COUNTY"), the CITY OF AL TAMONTE SPRINGS, a Florida municipal corporation, whose address is 225 Newburyport Avenue, Altamonte Springs, Florida 32701 (hereafter referred to as "AL TAMONTE SPRINGS"), the CITY OF CASSELBERRY, a Florida municipal corporation, whose address is 95 Triplet Lake Drive, Casselberry, Florida 32707 (hereafter referred to as "CASSELBERRY"), the CITY OF LAKE MARY, a Florida municipal corporation, whose address is 100 N. Country Club Road, Lake Mary, Florida 32795 (hereafter referred to as "LAKE MARY"), the CITY OF LONGWOOD, a Florida municipal corporation, whose address is 175 W. Warren Avenue, Longwood, Florida 32750 (hereafter referred to as "LONGWOOD"), the CITY OF OVIEDO, a Florida municipal corporation, whose address is 400 Alexandria Boulevard, Oviedo, Florida 32765 (hereafter referred to as "OVIEDO"), the CITY OF SANFORD, a Florida municipal corporation, whose address is 300 North Park, Sanford, Florida 32771 (hereafter referred to as "SANFORD"), and the CITY OF WINTER SPRINGS, a Florida municipal corporation, whose address is 1126 East SR 434, Winter Springs, Florida 32708 (hereafter referred to as "WINTER SPRINGS")(the Cities being collectively referred to as "CITIES"). 1 WIT N E SSE T H: WHEREAS, Florida Statutes, Section 336.025(1)(b) (2004) authorizes the COUNTY to impose an additional one-cent fuel tax upon every gallon of motor fuel sold in Seminole County and taxed under the provisions of Part I of chapter 206, Florida Statutes (the "Optional One-Cent Fuel Tax"); and WHEREAS, each one of the CITIES is eligible for participation in the distribution of moneys under parts II and VI of Chapter 218 of the Florida Statutes; and WHEREAS, the COUNTY intends to consider adoption of an ordinance imposing the Optional One-Cent Fuel Tax in order to fund transportation projects and other transportation related expenditures, all as authorized by law; and WHEREAS, the CITIES wish to enter into this Interlocal Agreement in order to fix the initial distribution of the Optional One-Cent Fuel Tax as hereafter stated. NOW, THEREFORE, in consideration of the promises, covenants and commitments contained herein and other good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby acknowledged as to all parties, the parties agree as follows: Section 1. Recitals. The above recitals are true and correct and form a material part of this Interlocal Agreement upon which the parties have relied. Section 2. Term. This Interlocal Agreement shall become effective upon the occurrence of each of the following: A. Adoption of an ordinance by the Board of County Commissioners, by a favorable vote of at least four (4) commissioners, imposing the Optional One-Cent Fuel Tax; and 2 B. Approval of this Interlocal Agreement by the Governing Bodies of the COUNTY and any combination of the CITIES representing, according to the latest official census, a majority of the population of the incorporated areas within the county. Section 3. Distribution of the Proceeds of the Optional One-Cent Fuel Tax. Initially, all proceeds of the Optional One-Cent Fuel Tax shall be distributed to the COUNTY for use on the projects identified in Exhibit "A" (the "Eligible Projects"). The initial distribution of the proceeds of the Optional One-Cent Fuel Tax shall remain in effect until changed in accordance with the terms of this agreement. Section 4. Process for Change of Distribution Formula. At any time after the July 1, 2015, any signatory party may, by written notice to all other signatory parties, initiate the process to change the distribution formula. The process consists of a meeting (or series of meetings) among the staff members of the various signatories to negotiate a new distribution formula acceptable to all parties. If an agreement is reached then it shall be reduced to writing and submitted to the respective governing bodies for approval and execution. If the parties have not agreed upon an acceptable distribution formula (new or a continuation of the existing formula) within ninety (90) days after the first written notice then the distribution formula shall become that provided by law when the parties have not agreed to a formula (currently as provided by F.S. 9336.025(4)(a) (2004)). Any new distribution formula shall become effective on January 1st of the following year unless the agreement (or lack thereof) occurs after June 15th, in which case the new formula shall become effective on the January 1 st falling at least 12 months thereafter (Le., if the new formula is agreed to on August 1, 2016, then the new distribution shall become effective on January 1, 2018). 3 Section 5. Notices. Notices hereunder shall be provided to the County Manager and the chief administrative officer of each signatory CITY with a copy to the Chairman of the Board of County Commissioners and the elected official in the position of Mayor or Chairman for each signatory CITY. Section 6. Entire Agreement. This Interlocal Agreement constitutes the entire agreement of the parties with respect to the subject matter of this Agreement, and may not be modified or amended except by a written instrument equal in dignity to this Agreement, and executed by the parties to be bound by the amendment to the Agreement. Section 7. Counterparts. This Interlocal Agreement may be executed in any number of counterparts, each of which, when executed and delivered, shall be an original, but all counterparts shall together constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. BALANCE OF THIS PAGE BLANK 4 ATTEST: CITY OF AL T AMONTE SPRINGS By: PATSY WAINRIGHT, City Clerk RUSSELL HAUCK, Mayor Date: 5 ATTEST: CITY OF WINTER SPRINGS By: ANDREA LORENZO LUACES, City Clerk JOHN F. BUSH, Mayor Date: 11 ATTEST: BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA MARYANNE MORSE Clerk to the Board of County Commissioners of Seminole County, Florida. By: CARLTON D. HENLEY, Chairman Date: For the use and reliance of Seminole County only. Ap- proved as to form and legal sufficiency. As authorized for execution by the Board of County Commissioners at its 2005, regular meeting. County Attorney SPL 5\04\05 Attachments: Exhibit A List of Eligible Projects P:\Users\slee\Agreements\Cities Interlocal (one cent gas tax)3.doc 12 Exhibit "A" Eligible Projects 1. Fixed Route Bus Services 2. Paratransit Services 3. Public transportation (transit) expenditures 13 LYNX FY 2005 Budget Local Funding - Seminole County Total Operating Costs Total Seminole County Cost (for buses and ADA service) Total Estimated Revenues County Participation - 9th Cent Gas Tax Altamonte's Fixed Route and ADA contribution Sanford's Fixed Route and ADA contribution Oviedo - Fixed Route contribution Other Cities' ADA payments (minus A.S. and Sanford's) Total Total Transit Deficit Total Seminole County Cost Minus Total Revenues Total Transit Deficit Use of 1 Cent Gas Tax Revenues Total Transit Deficit Assumption of current City ADA payments Intended use of Gas Tax revenues for FY 2005 costs and revenues 04-05 april05 rev.xls - Tab:Orig April Rev (4) $ $ $ $ $ 1,881,000 210,168 182,312 67,500 222,532 4/29/2005 COUNTY MANAGER'S OFFICE April 29, 2005 Ron McLemore City Manager City Hall 1126 E. State Road 434 Winter Springs, FL 32708 RECEIVED MAY 0 2 2005 CITY OF WINTER SPRINGS City Manager " Dear Mr. McLemore: This letter is to follow up on the April 14th Mayor and Managers meeting where we discussed the need for an alternative funding source for transit needs. An additional one cent fuel tax was discussed as a means to fund the current shortfall in ADA and other transit needs and a draft resolution was distributed for each city's use. As a reminder, the Board of County Commissioners has indicated a willingness to implement this additional penny gas tax if the Cities adopt a resolution of support and agree to use it for transit purposes. I am asking that each City return the adopted resolutions of support by May 11th in order to stay on schedule. The Board of County Commissioners will need to vote on levying the tax prior to July 1, 2005, in order for the tax to become effective January 1, 2006. In preparation for the tax to be considered by the Board, the County will need to enter into an Interlocal Agreement with the Cities that dedicates the use of the revenues of the one cent fuel tax to this County for transit purposes. Enclosed is a draft copy of the Interlocal Agreement prepared by the County Attorney's Office. An executed copy is needed by May 27, 2005, in order for the BCC to take action at their June 14th meeting. Please forward to the County Manager's office as soon as it is executed by this City. Also included in this package is a summary page of the total transit deficit for this fiscal year. This table is enclosed for your information. Should you have any questions, please contact Alice Gilmartin at 407-665-7383, particularly if you need digital copies of materials. Sincerely, (J'L~~ County Manager JKG/AG Enclosures: 1. LYNX FY 05 Budget - Local Funding - Seminole County 2. Interlocal Agreement body ofletterfor interlocal.doc - 4/29/2005 1101 EAST FIRST STREET SANFORD FL 32771-1468 TELEPHONE (407) 665.7219 FAX (407) 665-7958 042505_ COMM _Regular _505_ ADA 3ransportation _Resolution Page 1 of3 COMMISSION AGENDA ITEM 505 Consent Informational Public Hearing Regular X April 25. 2005 Regular Meeting it./' Mgr. / Dept. Authorization REQUEST: The City Manager requests the City Commission to consider adoption of Resolution Number 2005-18 supporting the levy of an additional I-cent Local Option Gas Tax to fund ADA Para Transit and Fixed Route Bus Services in Seminole County Cities and unincorporated areas of Seminole County. PURPOSE: This Agenda Item is needed to provide an indication of support to the County Commission for the levy of an additional I-cent gas tax for ADA Para Transit and Fixed Route Bus Services. CONSIDERATIONS: After three years of debate the Seminole County Commission has indicated its willingness to levy an additional one cent of local option gas taxes to fund ADA Para Transit and Fixed Route Bus Services if all Seminole Cities will demonstrate support for the levy through a resolution and subsequent interlocal agreement. As proposed by the County the 1.7 million dollars raised by the levy would fund two components of bus services as follows: 1. 100% of ADA Services throughout the County, and 2. Reduction of the County's share of General Fund contributions to the fixed route system to that level agreed upon by Seminole Cities and the County when the 9th cent gas tax was levied. When the 9-cent tax was adopted, the County agreed to share the proceeds of the 9th cent tax with Cities in the County to fund transportation services. 042505_ COMM _Regular _505 _ADA _ Transportation_Resolution Page2of3 Over the years the County has been required to fund cost increases not covered by the 9th cent tax for these services from its general Fund, a course of action it never planned to do. The allocation of the 10th cent would be allocated as follows: ADA Transportation Fixed Route Bus Service Total 50% 50% 100% Additionally, as proposed the County would ask the Cities to pay the first three months of the FY 06 ADA cost since it would not begin receiving revenues until January 2006. ISSUES: There are two issues with this proposal. 1. Partial Year Payment: Based upon the highly contentious history of this issue staff doesn't believe that this partial payment is necessary, and serves only to resurrect points of conflict that could derail this proposal such as, a) Who should pay? b) Inaccurate data. c) Cost to benefit of the investment in ADA. 2. Fixed Route Fundin2: Although Winter Springs is not effected by this issue, concern has been expressed by cities paying for fixed route service that the proposal is unfair to them since the County's General Fund is being relieved of all payments for fixed route services while Cities with fixed route service are continuing to have to use General Fund revenues to fund these services. As a result, City representatives with this viewpoint believe the 10th cent should be used exclusively for ADA, or for the expansion of new bus routes. The County's reply to this position, as stated before, is that they are returning to the original agreement under which the 9th cent was levied. FUNDING: This proposal does not require any funding. The cost avoidance to Winter Springs if it were paying the amount the County concludes to be Winter Springs share of ADA Services is $81,728. 042505_ COMM _Regular _505_ ADA_Transportation _Resolution Page 3 00 RECOMMENDATION: The City is on record supporting the idea of an additional I-cent levy of gas taxes to pay for ADA transportation. Therefore staff continues to recommend this proposal and adoption of the Resolution Number 2005-18. As stated above, Staff does not recommend the proposal to pay three months of the FY 06 cost of ADA Para Transit. ATTACHMENTS: Resolution Number 2005-18. April 15, 2005 County Manager Letter COMMISSION ACTION: RESOLUTION NUMBER 2005-18 A RESOLUTION SUPPORTING THE LEVY OF ONE ADDITIONAL CENT OF LOCAL OPTION GAS TAXES BY THE SEMINOLE COUNTY, FLORIDA COMMISSION TO FINANCE ADA PARATRANSIT AND FIXED BUS ROUTE SERVICES IN INCORPORATED AND UNINCORPORATED SEMINOLE COUNTY, FLORIDA, AND ADOPTION OF AN INTERLOCAL AGREEMENT WITH THE SEMINOLE COUNTY COMMISSION PROVIDING FOR SAME. Whereas, LYNX, the Central Florida Regional Transportation Authority, is the transit agency for Seminole, Orange and Osceola Counties and has been designated the Community Transportation Coordinator since 1992 by the State Commission for the Transportation Disadvantaged; Whereas, LYNX provides door-to door van paratransit service called ACCESS LYNX for medically qualified, physically challenged customers through its contracted carrier, MV Transportation and that currently the County and Cities pay LYNX for providing paratransit trips to those eligible individuals who in their jurisdiction qualify for the van paratransit service specified by the American Disabilities Act (ADA); Whereas, approximately 39,000 ADA paratransit trips are projected to occur county-wide in Seminole County in Fiscal Year 2004/05, of which approximately 19,300 are projected to occur within municipal boundaries; Whereas, the Cities and Seminole County Government have cooperated in the past in allotting the "9th Cent Local Option Gas Tax" to be dedicated to the payment of operating expenses for LYNX transit services; Whereas, the revenues from the 9th Cent Local Option Gas Tax have not covered the entire cost of fixed bus route services, ADA paratransit services and membership in the regional transportation authority for a number of years, thus requiring supplemental funding from the Cities and the County; Whereas, additional revenue is needed to ensure that paratransit services continue for those residents of Seminole County qualifying for ADA paratransit transportation from LYNX; and Whereas, Seminole County currently levies in full the "Six Cent Local Option Fuel Tax" and the "9th Cent Local Option Gas Tax" and has the ability to levy additional fuel revenues under section 336.025(1) (b), Florida Statutes and that these revenues may be used for public transportation (transit) expenditures. 042505_ COMM_Regular _505 _Attachment_Resolution 2005-18 Whereas, No ADA payments will be required from the City of Winter Springs during the initial year of the levy or at any future year without the consent of the City. Now, Therefore Be It Resolved, that the City Commission of the City of Winter Springs, Florida supports an action of the Board of County Commissioners of Seminole County to levy an additional one cent local option fuel tax to be dedicated to funding the cost of public transportation (transit) expenditures in the Cities and in Seminole County and will enter into an interlocal agreement assigning the tax revenues to the County for the purpose of public transportation (transit) expenditures. Adopted this the 25 Day of April, 2005 by the Winter Springs City Commission. John F. Bush, Mayor ATTEST: Andrea-Lorenzo-Luaces, City Clerk 042505_ COMM _Regular _505 _Attachment_Resolution 2005-18