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