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Agenda 03/12/2013 Item #16F3 3/12/2013 16.F.3. EXECUTIVE SUMMARY Recommendation to approve a Resolution, repealing and replacing Resolution No. 04-45, providing for an updated distribution of the Five Cents and Six Cents Local Option Fuel Taxes between the County, the City of Naples, the City of Marco Island and Everglades City, and authorize distribution of the Resolution and findings to the Florida Department of Revenue for implementation. OBJECTIVE: Update the Local Option Fuel Tax Distribution for submittal to the Florida Department of Revenue for implementation. CONSIDERATIONS: The Local Option Fuel Taxes are distributed among the County and the three municipalities within the County pursuant to provisions of Section 336.025, Fla. Stat. which provides for distribution based on a calculation of proportional transportation expenditures. Currently Resolution 04-45 controls the local distribution of proceeds utilizing the distribution method referenced above. Pursuant to the time frames provided in Section 336.025, staff recommends that the distribution be updated this year. A working group made up of staff members from the County, the City of Naples and the City of Marco Island has met several times to agree on an approach to updating the Local Gas Tax distribution utilizing the most recent transportation expenditure data. Staff attempted unsuccessfully to involve representatives of Everglades City. It was determined that in order to provide a measure of neutrality, Tindale-Oliver& Associates, Inc. would act as a neutral party in determining incurred transportation expenditures and calculating the updated distribution of expenditures incurred by each jurisdiction. The City of Naples and the City of Marco Island have concurred with the distribution identified in the Fiscal Impact text and recommended by Tindale-Oliver & Associates, Inc. acting as the neutral. FISCAL IMPACT: The Local Option Fuel Taxes on a county wide basis are expected to generate $13,729,300. The impact of the updated distribution compared with the current distribution is illustrated in the following table. Local Option Fuel Tax Distribution Analysis ��^a1*6 ' r 1 sge �� 41 4P7,1 R # to ' �r P j d?it ¢, s r� Unincorporated County 13,729,300 84.66% 11,623,225 85.48% 11,735,806 112,580 City on Naples 13,729,300 10.28% 1,411,372 8.21% 1,127,176 (284,197) City of Marco 13,729,300 4.87% 668,617 6.12% 840,233 171,616 Everglades City 13,729,300 0.19% 26,086 0.19% 26,086 Total 13,729,300 100.00% 13,729,300 100.00% 13,729,300 (0) Packet Page-1960- 3/12/2013 16.F.3. The updated distribution will be applied beginning with the January 2014 Fuel Tax Distribution to the county and municipalities within the county. The estimated receipts from the updated distribution will be included in the FY 14 budget in the Gas Tax-Road Construction Fund (313). GROWTH MANAGEMENT IMPACT: The Five Cent and Six Cent Local Option Fuel Taxes are used to support the Transportation Element of the Growth Management Plan. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office and is consistent with Section 336.025, Fla. Stat. This item is legally sufficient for Board action and requires majority vote for approval.—CMG RECOMMENDATION: That the Board of County Commissioners approves the updated distribution of the Five Cent and Six Cent Local Option Fuel Taxes among the County, the City of Naples, the City of Marco Island and Everglades City, authorizes the Chairwoman to execute the Resolution, and authorizes distribution of the Resolution and findings to the Florida Department of Revenue for implementation. Prepared By: Mark Isackson, Director of Corporate Finance and Edward N. Finn, Sr. Budget Analyst Attachment Packet Page-1961- 3/12/2013 16.F.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.F.16.F.3. Item Summary: Recommendation to approve a resolution providing for an updated distribution of the Five Cents and Six Cents Local Option Fuel Taxes between the County, the City of Naples,the City of Marco Island and Everglades City and authorize submittal of the resolution and findings to the Florida Department of Revenue for implementation. Meeting Date: 3/12/2013 Prepared By Name: LehnhardPat Title: Operations Coordinator,Transportation Administrati 3/5/2013 4:29:35 PM Submitted by Title: Senior Budget Analyst, OMB Name: FinnEd 3/5/2013 4:29:37 PM Approved By Name: KlatzkowJeff Title: County Attorney Date: 3/6/2013 2:34:29 PM Name: OchsLeo Title: County Manager Date: 3/6/2013 3:14:44 PM Packet Page-1962- 3/12/2013 16.F.3. RESOLUTION 2013- oak A RESOLUTION BY THE COLLIER COUNTY BOARD OF COUNTY COMMISSIOENRS PROVIDING NOTICE OF THE UTILITZATION OF THE ELIGIBLE TRANSPORTATION EXPENDITURES FOR THE PRECEDING FIVE (5) YEARS AS THE BASIS FOR THE DISTRIBUTION FORMULA FOR THE ADDITIONAL FIVE CENTS AND SIX CENTS FUEL TAXES PURSUANT TO SECTION 336.025(1)(a) & (b),FLORIDA STATUTES. WHEREAS, Section 336.025(1)(a) and (b), Florida Statutes, authorized the County to levy an additional Five Cents and Six Cents in local option fuel taxes by ordinance adopted by the membership of the governing body of the County' and WHEREAS, Collier County had previously adopted ordinances levying and extending the additional Five Cents and Six Cents fuel tax; and WHEREAS, the additional Five Cents and Six Cents fuel taxes may be distributed pursuant to Section 336.025(4)(a),Florida Statutes, without an interlocal agreement; and Amok WHEREAS, Collier County has previously extended the levy of the additional Five Cents and Six Cents fuel taxes by ordinances adopted by a majority plus one vote of the membership of the governing body of the County where needed to the year 2025;and WHEREAS, Collier County staff has prepared the necessary distribution formula attached hereto as Exhibit "A" to this Resolution based upon the eligible transportation expenditures of the preceding five (5)years. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: It has been the intent of this Board to extend the imposition of the additional Five Cents and Six Cents fuel taxes up to and including year 2025 or until terminated, changed or amended by the Board of County Commissioners; and Packet Page-1963- 3/12/2013 16.F.3. BE IT FURTHER RESOLVED,that: Such calculation shall under no circumstances materially or adversely affect the rights of holders of bonds outstanding on July 1, 1986, which are backed by taxes authorized in Section 336.025(1)(a), Florida Statutes, and the amounts distributed to the Collier County and each municipality shall not be reduced below the amount necessary for the payment of principal and interest and reserves for principal and interest as required under the covenants of any bond resolution outstanding on the date of the recalculation. BE IT FURTHER RESOLVED,that: The proportions shall be recalculated every five (5) years based on the transportation expenditures of the immediately preceding five (5) years. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2013,after motion, second and majority vote favoring same. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: Deputy Clerk GEORGIA A. HILLER, ESQ., Chairwoman Approved as to Form and Legal Sufficiency: een M. Greene Assistant County Attorney 05-COA-01260/311 2 Packet Page -1964- 3/12/2013 16.F.3. Exhibit"A" Ake Five Cents &Six Cents Local Option Fuel Taxes Updated Distribution Percentages Updated % Local Government Distribution Unincorporated County 85.48% City on Naples 8.21% City of Marco 6.12% Everglades City 0.19% Total 100.00% Packet Page-1965-