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HomeMy WebLinkAbout1998 11 23 Regular Item A COMMISSION AGENDA ITEM A Consent Informational Public Hearing Regular X November 23. 1998 Meeting MGR flvr'DEPT Authorization REQUEST: City Manager requesting the City Commission review CALNO's request that Seminole County re-examine the current method of distribution between the County and the Cities relative to Local Option Gas Tax revenues. PURPOSE: The purpose of this agenda item is for the City Commission to review CALNO's request that Seminole County re-examine the current method of distribution between the County and the Cities relative to Local Option Gas Tax revenues; and should CALNO also investigate alternative methods of distribution of the City's share of Local Option Gas Tax revenues. CONSIDERATION: At the October 7, 1998 meeting of CAlNO the issue of Local Option Gas Tax was discussed relative to the current method of distribution between Seminole County and the Cities in Seminole County. The current method of distribution is structured so that Seminole County receives 63_6% annually of the Local Option Gas Tax revenues; and the Cities share the remaining 36.4% annually based on the last five years of transportation related expenditures. CALNO is asking each City if they want CALNO to request that Seminole County re-examine the current Local Option Gas Tax distribution methodology between Seminole County and the Cities to ascertain if the Cities could receive an increase share of the Local Option Gas Tax revenues by either the current method of distribution or an alternate method. FUNDING: None RECOMMENDATION: It is recommended that the City Commission take action it deems appropriate after reviewing CALNO's request to re-examine the current method of distribution and alternate methods of distribution relative to Local Option Gas Tax revenues with Seminole County. ATTACHMENTS: CALNO's letter of October 26, 1998. June 30, 1998 memo to Finance Director October 16, 1997 memo to City Manager Local Option Gas Tax distribution spreadsheet. City of Winter Springs transportation related expenditures spreadsheet. Local Option Gas Tax interlocal agreement. COMMISSION ACTION: . LONGWOOD . CASSELBERRY . ALTAMONTE SPRINGS Council of Local Governments in Seminole County . LAKE MARY SEMINOLE COUNlY SCHOOL BOARD October 26, 1998 Mr. Ronald W. McLemore, City Manager The City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Dear Mr. McLemore: During the October 7, 1998 Council of Local Governments in Seminole County (CALNO) meeting the members discussed the topic of the Local Option Gas Tax (LOGT). In particular the enacting interlocal agreement and applicable statutes were discussed. The members of CALNO felt that this review was appropriate based upon CALNO's role in the interlocal agreement as a recommending body to the County Commission. By form of a unanimous motion, the members of CALNO decided to pose the following question to each City member of CALNO: "Should CALNO request that Seminole County re-examine the split between the County and the Cities of the Local Option Gas Tax revenues? In addition should CALNO also investigate alternative methods of distribution of the City's share of the LOGT revenues?" Please agenda this question as soon as practical before your Board. The response can be returned to the undersigned. Thank you very much, and please feel free to contact me, should you have any questions or concerns. Yours truly, ~:n1~ Chairperson CG/alll COUNCIL MEMBERS Euui~ Rosc AI Clark '1'''111 Ilag'lOd Jr. Ilrady'I,cssanJ Cinuy GClUlcll. Chail'JXl'Son Gary Urcnucr Ron Sargcnt , Urant ~Ialay Larry Furlong J"hn Gannon CITYOFWINTER SPRINGS, FLORIDA Ronald W. McLemore City Manager 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 MEMORANDUM To: From: Harry Martin, Finance Director /1 ,.' Ron McLemore, City Manager /~ June 30, 1998 Date: Re: Local Option Gas Tax As you know, I have been concerned about the amount of local option gas tax being returned to the City relative to the amount of transportation related expenditures expended by the City. You are aware that I asked John Drago and Bob Guthrie to look into this matter to ascertain if the City is claiming every transportation related expenditure permitted under Florida Statutes and the Interlocal Agreement with the County. Part of the analysis was to determine what types of transportation related expenditures are being submitted to the County by other cities in Seminole County. The conclusion reached is Winter Springs is not claiming every type of transportation related expenditure permitted by Florida Statute and. the local option gas tax interlocal agreement. Also, other cities in Seminole County have for years claimed every type of transportation related expenditures regardless of the funding source; and the expenditures have not been contested by the County. Therefore, the following transportation related expenditures are to be claimed in the City's annual report to the County in addition to the expenditures already claimed: 1. Any transportation related expenditures from any revenue fund generated from assessments or impact fees. Examples are: · Street Lighting Fund. · Transportation Improvement Fund. · Transportation Impact Fee Fund. · Stormwater Management Fund. · Tuskawilla Lighting and Beautification Assessment District. P~ap. 1 '. 2. Any transportation related expenditures paid by developers or reimbursed to the City for the construction or improvement to any transportation-related infrastructure that will be maintained by the City. Examples are: · Traffic lights. · Turn lanes. · Medians. · New roads. 3. Any other transportation related expenditures that the City may incur between now and the time that the report is due to the County. I would like to review the City's report you send to the County prior to its transmittal. I also want to see an itemized breakdown of every transportation- related expenditure claimed by the City on its annual report to the County. If you have any information to suggest why the above should not be done please advise me of that information immediately. RWM/jp P~aA 2 CITY OF WINTER SPRINGS, FLORIDA 11>> ~.CC~ii\Ir~ ff1).l.'-....~JJ. W ~ DEe 1 6 1997 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 327-1800 CITY OF WINTER SPRINGS City Manager MEMORANDUM To: Ronald W. McLemore, City Manager From: John J. Drago, Administrative Assistant Date: December 16, 1997 Re: Local Option Gas Tax You asked me to ascertain why the city's share of the local option gas tax has decreased; while the city's transportation related expenditures have increased, and could the city receive additional local option gas tax. Enclosed are two spread sheets: one showing the percent of distribution and one showing the transportation related expenditures. The current interlocal agreement is structured so the county receives 63.6% annually of the option gas tax, and the cities share the remaining 36.4% annually based on a five year floating formula. The cities must deduct federal revenue sharing funds, local gas option tax proceeds and bond proceeds from their expenditures. Florida Statute 336.025(7) states that bond proceeds are excluded as a transportation related expenditure. The interlocal agreement defines what transportation related expenditures are used to calculate the city's portion of the 36.4% allocation. In essences, cities are "boxed in" structurally to prohibit sufficient gains in revenue sharing over the life of the agreement. In order for any city to receive an increase portion of the gas tax revenue, it must spend larger amounts of funds from new revenue sources on transportation related expenditures. For example, the City of Altamonte Springs increased their share of the local option gas tax by increasing their rate of transportation related expenditures on the new 436 overpass. Cities share the local option gas tax revenue based on a 5 year floating formula. Therefore, any city that can increase their rate of transportation related expenditures for a few years, has the advantage of increasing their share of the gas tax for at least four years. After that period, the rate will return near its original level. Longwood and Oviedo received increased portions of the local option gas tax by doing the exact same thing as Altamonte Springs. If two or more cities can increase their rate of transportation related expenditures at the same time, the impact is telt the most on those cities that do not spend at the same rate. The current interlocal agreement has created a "rob Peter to pay Paul" syndrome. The current interlocal agreement has a thirty year term with no termination clause. The city attorney will have to advise you on how the interlocal agreement can be terminated. If it can't be terminated, then the county must agree to re-negotiate a new one. This would be a good issue for the mayors/managers group to pursue. A unified front by all cities could obtain a positive result. OTHER ISSUES The City should determine if it is possible to accept ownership and maintenance of any county road system and rights-ot-way when a portion of an un- incorporated area is annexed into the City of Winter Springs. Over time, if cities assume ownership and maintenance of county roads and rights-of-ways as part of any annexation, then the scales can tip in favor of cities instead of the county as to who is entitled to a larger share of the total local option gas tax revenue. A second benefit to ownership of county roads is that cities can implement their own design standards to maintain or create their own identity or image. The third benefit is increase revenues from traffic enforcement. The final issue the city must decide is do we allow the county to control any revenue stream (i.e. 1 cent sales tax surcharge), or does the city receive their share and spend it accordingly? 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It: It: ~ C I- ~ ai ~ c o :j:l ~ Q. l!! ~ /.:(!i': , ,: ., ", \' INTERLOCAL AGREEMENT THIS AGREEMENT, by and between the COUNTY OF SEMINOLE~ a political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East First St ree t., Sanford, Florida 32771, hereinafter referred to as COUNTY~ and the following municipalities: CITY OF ALTAMONTE SPRINGS, a Florida municipal corpora- tion, whose address is 225 Newburyport Avenue, Altamonte Springs, Florida 32701, hereinafter referred to as ALTAMONTE SPRINGS; and CITY OF CASSELBERRY, a Florida municipal corpora7ion, whose address is 95 Lake Triplet Drive, Casselberry, Flbrida 32707, hereinafter referred to as CASSELBERRY 1 and CITY OF LAKE MARY, a Florida municipal corpora~ion, whose address is Post Office Box 725, Lake Mary, Florida 32746, , , hereinafter referred to as LAKE MARY 7 and CITY OF LONGWOOD, a Florida municipal corpora~io~, whose address is 175 W. Warren Avenue, Longwood, Florida 3~750, hereinafter referred to as LONGWOOD1 and CITY OF OVIEDO, a Florida municipal corporation, whose address is Post Office Box 159, Oviedo, Florida 32765, hexein- after referred to as OVIEDO: and CITY OF SANFORD, a Florida municipal corporation, !whose address is Post Office Box 1778, Sanford, Florida 32771, h~rein- after referred to as SANFORD; and CITY OF WINTER SPRINGS, a Florida municipal cor;pora- tion, whose address is 400 N. Edgemon Avenue, Winter Springs, Florida 32706, hereinafter referred to as WINTER SPRINGS. WHEREAS, under the authority of Section 336~025, Florida Statutes, and pursuant to Seminole County Ordinances Nos. 83-22, 85-33 and 85-34, the COUNTY levied a combined six cents ( $.06)' local option gas tax upon every gallon of motor fuet and special fuel sold in Seminole County and provided for distribu- tion of the proceeds from the tax between itself and municipali- ties within Seminole County; and From 7671 Dala -1- Co. Phone II PhOne # Fax' Fax# T~'~ ~~~~ b?~ )~b ...,-1 'J:>.lHloI '::!'>lH"" -In I I T '"l J";:I. aT J c:c. T _l"""f.lI ^......~,' ZOd Nd OS:SO L6-S0-!1 cl2l'd ;1l:ilOl . 1 ,~ 860E-t2E-LOt NO~d WHEREAS, Senate Bill 313, passed during the 1986 Legislative Session, provides that an interlocal agreement t~ determine the method for distribution of local option gas ta* revenues may be entered into prior to August 1, 1986 to be effective as to 1986-1987 local option gas tax proceeds or prior to June 1 of any year thereafter; and WHEREAS, the COUNTY and Signatory municipalties iritend to provide for the distribution of local option gas tax proceeds according to this Agreement: NOW THEREFORE in consideration of the coven:ants contained herein, the receipt and adequacy of which are he!reby acknowledged by all parties hereto, the parties agree to provide for the distribution of local option gas tax proceeds as follows: SECTION 1. TERM. This Agreement shall become effec- - i tive when approved by the Governing Bodies of the COUNT~ and the requisite number of municipalities pursuant to Section I 336.025, 3(a)(1), Florida Statutes (as amended 1986), and iupon the dismissal by ALTAMONTE SPRINGS of its petition file~ on August 27, 1985, with the Administration Commission. This Agreement shall remain in effect for the lives of the taxes , adopted pursuant to Seminole County Ordinance 83-22, as amended by Seminole County Ordinance 84-33, and Ordinance 85-34. , SECTION 2. DISTIUBUTION OF PROCEEDS BEGINlnNG :FISCAL YEAR 1987-1988. ($.06) local option gas tax levied and imposed by the CO~NTY shall be allocated for calendar year JanuarYr 1988 and for ~ach calendar year thereafter until the expiration of this Agreement on the basis of the formula set forth at SUbsections (b) and: (c) of this Section. Net proceeds Shall mean the combined six c$nts ($.06) local option gas tax collected by the Flo~ida Depa~tment of Revenue less the amount ~etained by the Flo~ida Depa~tment of Revenue for administration as provided in Section 215.20, Florida Statutes, or its succesSor provision. (a) The net proceeds of the combined six cents I -2- (b) The County portion of the combined six cents ($.06) local option gas tax shall be distributed for cale~dar years beginning January, 1988 and thereafter for the live~ of the taxes, as established pursuant to Seminole County Ordinances 83-22, as amended by Ordinance 85-33, and Ordinance 85-34 on the basis of 63.6 per cent (the County portion) to the County. ; The balance of 36.4 percent (the municipal portion) shall be dis~ri- buted to all eligible incorporated municipalities in Seminole County, Florida. (c) The municipal portion of the combined: six cents ($.06) local option gas tax shall be distributed: for calendar years beginning January 1, 1988 and thereafter for: the lives Of the taxes as established pursuant to Seminole County Ordinances 83-22, as amended by Ordinance 85-33, and Ordinance 85-34, among the eligible incorporated municipalities in semirole County, Florida, based upon a five (5) year floating formula, annually adjusted, based upon the proportional share of the total transportation expenditures made by each of the municipalities. SECTION 3. ROLLING FORMULA COMPUTATION. (a) The COUNTY shall collect from the municip:ali- ties and the municipalities shall provide to the COUNTY, on or before a date established by the. COUNTY and in a form determined ! by the COUNTY, adequate data detailing the expenditures mad~ in each category listed in subsections (b) (l) through (b) (7) of this Section. The COUNTY shall oompute distribution percen~ages therefrom and provide to the municipalities a. summary of. the percentages computed and make available for review the documents from which such percentages were computed. The distribution percentages shall apply to revenue distribution during the ~ext , calendar year and, on or before July 1 of each year, the COUNTY ! , shall forward the provided percentages to the Florida Depart~ent of Revenue. Failure by any City to provide the expenditure , , information in substantial compliance as required herein shall -3- Tn- I nrn(""'o ....":'.-. ,_..... ~ ~ .... '. - - "". ~ "..... ,J, .:J. authorize the County to use that City's transportation expendi- tures contained in that City's audit reports, for that City's current calculations. (b) In accordance with Section 336.025(7), Flo~ida Statutes (1985), transportation expenditures utilized in calcu- lating each party's distribution proportion of the local option gas tax proceeds shall only include expenditures by each party from local or state shared revenue sources, excluding fed~ral revenue sharing funds, local option gas tax proceeds, and bond proceeds, for the fOllowing programs: (I) public transportation operations and maintenance; ( 2 ) roadway and rig h t - 0 f - way m a in ten an c ea n d equipment; (3) roadway and right-of-way drainage; (4) street lighting; (5) traffic signs, traffic engineering, signaliza~ion and pavement markings; (6) bridge maintenance and operation; (7) debt service and Current expenditures for transpor- tation capital projects in the foregoing program areas, including construction or reconstruction of roads. SECTION 4. DISTRIBUTION OF PROCEEDS FOR FISCAL YEARS 1985-1986 and 1986-1987. (a) The distribution proportions for the proceeds of the first four cents ($.04) of the combined:six cents ($.:06) local option gas tax for fiscal years 1985-1986 and 1986-1987 up to and including December 31, 1987, shall be as set forth below and are based upon the proportionate share of the total transportation expenditures made by the COUNTY and eligible municipalities for the five (5) fiscal years preceding authori~a- tion and imposition of the tax (1978-1982): -4- o~u~-'~~-~uV nv~d Local Government Distribution Proportion Seminole County 64.89% Altamonte Springs 7.46% Casselberry 6.86% Lake Mary 1.04% Longwood 5.41% Oviedo 1.54% Sanford 10.06% Winter Springs 2.74% (b) The distribution proportions for the proceeds of the last two cents ($.02) of the combined six cents ($;.06) local option gas tax for fiscal years 1985-1986 and 1986-1987 up to and inCluding December 31, 1987, shall be as set forth below and are based upon the proportionate share of the total transpor- tation expenditures made by the COUNTY and eligible municip~li- ties for the five (5) fiscal years preceding authorization.and imposition of the tax (1980-1984): Local Government Distribution Proportion Seminole County 61.09% Altarnonte Springs 11.87% casselberry 6.59% Lake Mary 0.93% Longwood 5.31% Oviedo 1.33% Sanford 9.64% Winter Springs 3.24% SECTION 5. COVENANT OF THE PARTIES. (a) Prior to challenging the distribution of local option gas tax revenues under the provisions of Section 336.025(5) (b), Florida Statutes, or its successor provision, in any forum, jUdicial or administrative, a party shall submit,: in writing, its objection to the distribution proportion to :the Seminole County Office of Management and Budget, which shall, within thirty (30) days of receipt, provide to the chairperso~ of -5- ('"'n'... t':I~n.... ""''''=''_ ~Od Wd IS:SO L6-S0-11 860C-~ZC-LO~ WO~d the Council of Local Governments in Se~inole County (CALNO), an analysis of the challenge. Upon receipt of the analysis, CALNO shall, within thirty (30) days, hear the challenge at a special meeting called solely for said purpose, at which CALNO sh~ll, upon majority vote, render an advisory and non-binding opinion as to the validity or invalidity of the challenge. (b) In the event that any party hereto shall challenge the distribution of local option gas tax revenues under the provisions of Section 336.025(5) (b), Florida Statutes~ or its successor provision, in any forum, jUdicial or administra- tive, the revenues to be distributed to the parties shall not be held, escro~ed, or delayed by the Florida Department of Rev~nue during the pendency of the dispute and, to the extent legally permissible, the revenues shall be distributed to each partf to the extent that each party'S distribution share would not be reduced if the challenge were successful. SECTION 6. AMENDMENT OF ORDINANCE 83.22. Upon'due authorization, execution, and delivery of a valid Interlocal Agreement by and among the COUNTY and municipalities in accor- dance with Section 336.02S(3)(a)1., Florida Statutes {l985),the COUNTY will cause Seminole County Ordinance 83-22 to be amended as follows: Delete Section 3 in its entirety and substitute therefore the following SECTION 3. ~ISTRIBOTION OF PROCEEDS. Proceeds of the tax hereby imposed shall be divided and distri- buted among the County government and eligible munici- palities in accordance with the provisions of Section 336.025, Florida Statutes, as amended. The County shall prOvide the Department of Revenue, State of Florida, ~ith the actual distribution percentages whether derived from an inter local agreement as authorized by Section 336.025(3)(a)l, Florida Statutes (1985), or by applicability of the statutory formula -6- set forth in Section 336.025(4), Florida Statutes (1983) . SECTION 7. SAVINGS CLAUSE. The parties agree tha~ if any provision of this Agreement is declared invalid in :any administrative or judicial proceeding, the provisions of Seminole County Ordinance Numbers 83-22, 85-33, and 85-34 shall survive disputing distribution percentages pursuant to Sect:ion and be in full force and effect without preju~ice to any party 336.025(S)(b), Florida Statutes (1985). Agreement to be executed in eight (8) counterparts by their respective and duly authorized offices On the resp~ctive dates. IN WITNESS WHEREOF, the parties having caused this ATTEST: ~~~~lClerk PAT WAINRIGHT, By: TAMONTE Date: ~//~I P &.: ATTEST: CITY OF CASSELBE~RY LINDA GARAVANO, City Clerk By: OWEN SHEPPARD, Mayor Date: ATTEST: CITY OF LAKE MARy BY'~ (lfiL- RIC ARu A. FE S,:Mayor Ci/~~ /Tb Date: ATTEST: CITY OF LONGWOOD DONALD L. TERRY, C1ty ClerK By: LARRY GOLDBERG, Mayor Date: ATTEST: '1pC/~~ ~ NANC K. , ~ty (; ark v By.~~;JIJ .~. ~MaYOr Date: 9- /(- ?h -7- I ATTEST: Hd~- Ci Y Clerk . ATTEST: ~ 7:- t1J~ MARY'A~. NbRTON, City Clerk RIEN Clerk to th Board of County Commissioners of Seminole County, Florida. As authorized for execution by the Board of Co ty Commis- sio~~s in their , 19~~, regular rnee - LNG/gg 061786 Rev 070286/1f Rev 070386 Rev 070786 Rev 070886 Rev 080686 Rev 080786 CITY OF SANFORD ." ~ By: . . f). v B'~ 8MI/;; Mayor Date: 1;/tr '// / . , Mayor BOARD OF COqNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA By: Date: "'8-