Item M3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
TIME APPROXIMATE
Meeting Date: December 15,2004
Division:
District 1
Bulk Item: Yes
No
Department: Mayor Dixie M. Spehar
AGENDA ITEM WORDING:
Approval of a Resolution of the Board of County Commissioners of Monroe County, Florida (the
"County"); allocating to the Municipalities within the County a distribution of a percentage of the
constitutional fuel tax, allocating the distribution on a road mile formula; authorizing the allocation of
such funds to the Municipalities starting with fiscal year 2004-05; requiring that such funds be used by
the Municipalities to finance roadway maintenance and improvements; directing the County
Administrator to prepare an interlocal agreement between the County and Municipalities to implement
the allocation; and providing for an effective date..
ITEM BACKGROUND:
Pursuant to Article XII, Section 9(c)(5) of the Florida Constitution, and Sections 206.41 (1)(a),
206.47(7), and 336.023, Florida Statutes, a statewide tax on the sale of motor fuel (the "Constitutional
Fuel Tax") of two cents per gallon is levied.
PREVIOUS RELEVANT BOCC ACTION:
At its September 17, 2003 meeting, the County Commission expressed a desire to share a percentage of
the proceeds with the Municipalities subject to the County Attorney obtaining a favorable opinion from
the Florida Attorney General that use of the proceeds on municipal roadways was lawfully allowed on
January 21,2004. The Florida Attorney General issued Opinion No. 04-03 confirming the legality of
such usage.
CONTRACT/AGREEMENT CHANGES:
ST AFF RECOMMENDATIONS:
TOT AL COST:
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
DIVISION DIRECTOR APPROVAL:
OMBZ:asing - Risk Management _
1 ,>J),~
May Dixie M. Spehar
APPROVED BY: County Atty _
DOCUMENTATION:
Included
To Follow Not Required_
AGENDA ITEM #)iL
DISPOSITION:
Revised 1/03
Uc~-~~-~4 lJ'~~ r~UM,MONROE COUNTY ATTY OFFICE ID,3052823516
PAGE
1/3
Mayor Spehar
RESOLUTION NO.
-2004
A RESOLUTION OP THI! BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA ("COUNTY"); ALLOCAnNG TO THE
MUNICIPALITII!S WITHIN THE COUNTY A DISTRIBUTION OF A
PERCI!NTAGE OF THE CONSTITUTIONAL FUEL TAX; ALLOCATING
THE DISTRIBUTION ON A ROAD MILE FORMULA; AUTHORIZING
TH! ALLOCATION OP SUCH FUNDS TO THE MUNICIPALITIES
STARTING WITH PISCAL YEAR 2004-05; REQUIRING THAT SUCH
FUNDS BE USeD BY THE MUNICIPALITIES TO FINANCE ROADWAY
MAINT!NANCE AND IMPROVEMENTS; DIRECTING THE COUNTY
ADMINISTRATOR TO PREPARE AN INTERLOCAL AGREEMENT
BETWEEN THE COUNTY AND THE MUNICIPAUnES TO IMPLEMENT
THE ALLOCAnON; AND PROVIDING POR AN EFFECTIVE DATE.
WHEREAS, pursuant to Article XII, Section 9(C)(5} of the Florida Constitution,
and Sections 206.41(1)(a), 206.47(7), and 336.023, Florida Statutes, a statewide tax on
the sale of motor fuel ("Constitutional Fuel Tax") of two cents per gallon is levied; and
WHEREAS, the County receives an annual allocation of this Constitutional Fuel
Tax from the state of approximately $2.5 million to be utilized for the "acquisition,
construction and maintenance of roads; and
WHEREAS, a portion of this revenue is generated by the sale of motor fuel within
Islamorada, Village of Islands ("Village"), the City of Marathon ("Marathon"), the City of
Layton ("Layton"), the City of Key Colony Beach ("Key Colony"), and the City of Key
West ("Key West") (collectively, the "Municipalities")~ and
WHEREAS, the County currently expends 100% of this revenue on the
construction and maintenance of County roads; and
WHEREAS, although a substantial portion of the revenue is generated in the
Municipalities and approximately 40% of all road miles in the County are municipal
roadways, 100% of the revenue is expended on County roadways; and
WHEREAS, the Municipalities and the County are required by Florida Law to
implement stormwater improvements in order to meet state water quality concerns and
funding stormwater improvements for roadways is an authorized use of this revenue;
and
WHEREAS, prior to the incorporations of both the Village and Marathon, except
for US Highway One, all of the roadways located in the Village or Marathon were County
Roads; and
WHEREAS, although the County, subsequent to the incorporation of the Village
and Marathon, transferred all of the County Roads (in both the Village and Marathon) to
the Municipalities, these roads, are utilized by all residents and visitors of the County;
and
U~~-~~-~q l~'~~ ~~UM,MONROE COUNTY ATTY OFFICE 10,3052923516
PAGE 2/3
WHEREAS, both the Village and Marathon have previously requested the' Board of
County Commissioners ("BOCC") to allocate a fair share of this Constitutional Fuel Tax
back to the Municipalities for Village and Marathon roads for Fiscal Year 2003-04; and
. WHEREAS, at its September 17, 2003 meeting, the BOCC expressed a desire to
share a percentage of the proceeds with the Municipalities subject to the County
Attorney obtaining a favorable opinion from the Florida Attorney General that use of the
proceeds on municipal roadways was lawfully allowed; and
WHEREAS, on January 21, 2004, the Florida Attorney General issued Opinion No.
04-03 confirming the legality of such usage; and
WHEREAS, the BOCC recognizes the fundamental fairness of sharing this
countywide generated revenue stream with all the Municipalities to improve roadways
that are used by all residents of the County; now, therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA as follows:
Section 1. Recitals. The above recitals are true and correct and are
incorporated herein by this reference.
SeC3'on 2. Allocation of Constitutional Fuel Tax. The County shall
annually allocate a percentage of the Constitutional Fuel Tax to the Municipalities
starting with FIscal Year 2004-05 subject to the following conditions:
1. The percentage of the Constitutional Fuel Tax allocated to the Municipalities
shall be based upon the percentage of road miles located within each municipality to the
total road miles located within the entire County; and
2. The revenues allocated to the Municipalities shall be expended by the
various Municipalities for municipal roadway improvements and maintenance as specified
in Florida Statutes; and
3. The revenues shall be allocated through an interlocal agreement between
the county and the Municipalities; and
4. The allocation shall be prOVided on an annual basis and the annual
allocation must be encumbered or appropriated by the Municipalities during the fiscal
year of the allocation; and
5. The percentage of revenues allocated to the Municipalities shall adjust each
fiscal year based on the total Constitutional Fuel Tax received by the County and the
actual road miles should either the County or any of the Municipalities' road miles
percentages change; and
6. The term of the interlocal shall continue as long as the Constitutional Fuel
Tax is collected by the State.
OEC-02-04 13,30 FROM,MONROE COUNTY ATTY OFFICE 10,3052923518
PAGE
3/3
Section 3. Authorization of County Offidals. The County Admini~rator is
authorized to negotiate an interlocal agreement with the Municipalities to reflect the
terms and conditions of the allocations as spedfied in section 2 above, and to adjust the
Fiscal Year 2004-05 County Road and Bridge Fund budget to reflect the initial first year
aUocation of the funds to the Municipalities. The interlocal agreement shall be presented
to the BOCC no later than April _f 2005.
Section 4. Effective D?lte. This resolution shall become effective immediately
upon Its adoption by the Commission and execution by the Mayor and Clerk.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 15th day of December, 2004.
Mayor Spehar
Mayor Pro Tem McCoy
Commissioner Nelson
Commissioner Neugent
Commissioner Rice
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
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