VI (D) Discussion/ Action re: Local Gas Tax Distribution AGENDA 3-4-97
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Ocoee
o COMMISSIONERS
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CITY OF OCOEE COTTANDERSN
RSJOHNS ON
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OF G00°Nx ELLIS SHAPIRO
MEMORANDUM
TO: The Honorable Mayor and Board of City Commissioners
FROM: Ellis Shapiro, Interim City Manager
DATE: February 27, 1997
RE: LOCAL GAS TAX DISTRIBUTION
Attached is the proposed agreement between the City of Orlando and Orange
County which would settle the local option gas tax dispute as a result of the
legislature passed by the Florida State Legislature last year.
Upon reviewing the document, the preponderant position of it can and should be
supported by the City of Ocoee. Section 6 of the agreement, however, concerns
the City of Ocoee for two reasons:
1. This section seems to diminish this new revenue from being pledged as a
revenue for a bond issue due to the uncertainty suggested by this section in
the agreement.
2. If this is the current legislative language, then why is it necessary in this
agreement, and if necessary in this agreement, it suggests the possibility of a
push to change the current legislature's position on this matter.
Finally, it should be noted that in the initial discussions with the City of Orlando,
I was advised by Jack Douglas from the City of Apopka, that they were
unwilling to remove this from the document with no explanation.
It must be decided whether or not this one section is onerous enough to not
support the whole process, therefore requiring legislative action again this year.
Respectfully Sub pitted,
EST dg
Attachment L ty
C-
GER-21-19S? 12t 05 FFV1 CUM IT RCMINISIM4IUt I YGTA IW ntl]
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DRAFT
0220f97
ORLANDO-ORANGE COUNTY
1997(NTERLOCAL AGREEMENT
ON
LOCAL FUEL(GAS)TAX DISTRZBUUON
This 1997 Intakes!Apemen is aaaed into this day of ,1997,by Ocmge
County.a political subdivision of the State of Florida(the"Comity'),and the City of Orlando,
Florida municipal corporation(the rd?).
RECITAL S
1. Orange County and de City of Orlando catered into an Iruaineal Agreement dated
July 21, 1983 pertaining to the distriblmm of the proceeds of the four cant local option eras lax
among the County and the municipalities in Orange County.
2. An amendment to the 198)Inerloal Agreement was signed online 27,1985. This
amended agreement provided for the distribution of an additional two cents of local option gas tax
in the same manna as stipulated in the 1983 Interioral Agreement.
3. .On May 30,1996,Senate Bill 330 bane lawn Chapter 96-323,Laws of Florida.
This law amended Section 336.025,Florida Statutes,to requite the utilization of annual population
statistics for dividing local option fed(gas)tax hinds,collected pursuant to Section 336.025(1),
Florida Statutes,and such law applies to Orange County.
4. The City and the County desire to implement a new disntbndonfamula for the local
option fuel(gag)tax based upon a population formula(tom will be updated aaally based upon data
provided by the Bureau of Economic and Business Research g the University of Fl®da to the
Executive Office of the Governor.
5. In an effort to facilitate the paties'agreement to utilize a population formula for
distribution of the local option fgas)fuel tax,the City and Comty have agreed to phase the new
population based formula over a four-year period in order to defray revenue loam which some
municipalities will expaicace es a result of the formula
D d SOLI 69B LFID JJ1J30 S COAVW kOds WdI£ £ L661-9Z-Z
FFB-21-1997 12:05 FF 1 COUNTY RDIIINISTRRTOP TO 9135917V1, Y.04
6. The parties hereto desire to provide for the distribution of all local option foci tax
=emits collected under the auto of Section 336.025(1),Florida Statutes,by adopting the new
population-bared formula requited therein.
ACCORDINGLY,THE PARTIES HERETO AGREE AS FOLLOWS:
Sanftnn.L Beginning in Slatesd hwl&fiscal year 2001(2002,and in Bath fiend year
thereafter all proceeds of the tout option feel(gas)tar imposed under the provisions of Seedon
336.025(1), Florida Statutes(or any successor legislation), less any service charges sod feat
collected by the Florida Department of Revenue,or its Slicausor agency,(the"net tax pmedf)
shall be divided and distributed to Orange Colony and the muoicipel'mes idenofed in Exhibit"A",
attached hereto and mcmporated bosh,by reference,band on each lined governmental entity's
percentage of Orange Caurty's total estimated populations as of 1hmpreeedvg April I of tits
grading Sate of Floridafiveleaeb year. For proposes of calculating the Comdy's share of the
oct tax proceeds.the Co ty's population shall be deemed to be those citizens residing outside the
boundaries of any municipality plus those citizens raiding within the boundaries of Bay Lake and
Lake Bin Visa The po sedation percentages shall be updated annually mitt dots provided by or
atMe request of the Executive Office of theGovemor,pursuant to Section 186.901,Florida Statutes,
as amended floor time to time.
Ses1m2. For the four=mitimal yeas, Si.'. of Florida fatal ytara 1997/1998,
1998/1999,1999/2000 and 2000/2001,the net tax proceeds of the local option fuel(gas)tax imposed
under the previsions of Section 336025(1),Florida Statuses,shall be divided and distributed to
Orange County and the mmicipalities pursuant to the percentages set foie in Exhibit"A".
beefiest. The City and the County hereby covenant to each other and to the
municipalities listed in Exhibit"A"to take no action whatsoever in the future which would impair
2
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tea-o-,rw roue ran LLUNIY euunoihowv w 9LudVIJWS r.w
the rights of any poly under contracts entered by the County,the City, or the municipalities
identified in Exhibit"A'expressly in anticipation of the distribution and receipt of the act tax
proceed& Further,the City and County hereby covenant to each other to wive Way claim that this
1997 Interlace!Agreement ent is invalid,unconstitutional,or unenforceable in raw manner.
Bettirga The City and the Coady agree to work together towards finding a long teem
solution far the funding of the Central Florida Regional Tampon:don Authority ("Lynx").
Ssgtm5. The City and County hcaby repeal the previous Intarloal Agreements
referenced in Recital Nos.1 and 2 herein.
Section 6. This 1997 Interlock/Atonement shall become of emive as of the dam of
rxe.atoo by the City or the County whichever is bier and shall terminate on JMember it 2015
Normithatendinp the tenpins should the Florida legislature amend Section 31a 025 Flppgg
9tamtta to nenvide for en flamer local notion fuel foes ma distribution method.this 1997
Igirala.l AamnWd shall tentiratr anon thr eia tive date of any via amendjWm or mnam Writ
othe dataa munefynFroedto ty M gi
WHEREFORE,the parties hereto have executed this 1997 Interioral Agreement as of the
day and yea.set forth above.
ORANGE COUNTY,FLORIDA
by:Board of County Commissioners
BY:
County Chairman
DATE
ATTEST:Martha O.Hayek,County Comptroller
As Clerk tothe Board of County Commissioners
BY:
Deputy Clerk
3
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FLa-21-lWir I2:06 FROM RflTV REMINISIMMLH Y.06
CITY OF ORLANDO
AY
Glenda E.Hood,Mayor
ATTEST:
BY:
Grace A.Chewidng,City Clerk
ecaprera.mew
rmnowl
4
L d SOLI 041 /OF aaIddO S dOAmv k&Ia4 I4dLE E L661-CL-L
F t4 C1 WI? Is OS FROM COUNTY ADMINISTRATOR TO 90091705 P.0?
Orlando-Orange County
1997 Interlocal Agreement
On Local Option Fuel(Gas) Tax Distribution
Local Option Fuel(Gas)Tax Distribution Percentages Schedule
For the State of Florida Fiscal Years 1997-2001
Exhibit"A"
'("97-98 1 98.99_,, '99-00' 00-01,
Distribution Distribution Ds*Dukon Distribution
Percentage' P"°pyeges Percentages Percentages
llnint Orange county 61.74% 62.96% 64.07%j 84.66%
Orlando J 25.00% 2400% 23.00% 2222%
& aka Ea2.49% 2.53% 2.56% 2.69%
Basle tale 0.71%I 0.70% 0.69% 0.72%
_. --0.17% 0.34% 0.32% 0.30%
M.ltla oao 1..41% 0.16% 0.16% 0.14%
nd 1.41% 1.33% t.10% 1.16%
Oakland 0.10`X 0.10%_ 0.10% 0.10%
Ocoee 2.57% 2.63% 2.66% 2. 1%
Windermere ..- 023% 0.23% 0.23% . 0.24%
Wier Garden 1.63% 1.64% 1.64% 122%
Winter Park 3.56$ 3.33% 326% 323%
Orange County Tatar 100.00%' 100.00% 100.00%1 100.00%
' Excludes Bay Lake and Lake Buena vista
aeamnoonora..m
TOTAL P.01
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