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File ID: #12112
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Resolution
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS)
AFFIRMATIVE VOTE, AUTHORIZING THE CITY ATTORNEY TO TAKE ANY AND ALL
ACTION(S) NECESSARY, IN LAW OR EQUITY, REGARDING THE WITHHOLDING
OF CHARTER COUNTY TRANSPORTATION SURTAX FUNDS (SURTAX) FROM
THE CITY OF MIAMI PURSUANT TO MIAMI DADE COUNTY CITIZENS'
INDEPENDENT TRANSPORTATION TRUST RESOLUTION NO. 22-006 ADOPTED
ON MARCH 31, 2022.
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11 eA Legislation Miami, FL 33133
Resolution www.miamigov.com
Enactment Number: R-22-0234
File Number: 12112 Final Action Date:6/23/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS)
AFFIRMATIVE VOTE, AUTHORIZING THE CITY ATTORNEY TO TAKE ANY AND ALL
ACTION(S) NECESSARY, IN LAW OR EQUITY, REGARDING THE WITHHOLDING
OF CHARTER COUNTY TRANSPORTATION SURTAX FUNDS (SURTAX) FROM
THE CITY OF MIAMI PURSUANT TO MIAMI DADE COUNTY CITIZENS'
INDEPENDENT TRANSPORTATION TRUST RESOLUTION NO. 22-006 ADOPTED
ON MARCH 31, 2022.
WHEREAS, on November 5, 2002, Miami -Dade County ("County") voters approved a
halfpenny surtax to implement the People's Transportation Plan; and
WHEREAS, on July 9, 2002, the County adopted Ordinance 02-116 levying and
imposing a one half of one percent Charter County Transit System Surtax ("Surtax") as
authorized by Section 212.055(1), Florida Statutes on all transactions occurring in the County
which transactions are subject to the state tax imposed on sales, use, rentals, admissions and
other transactions by Chapter 212, Florida Statutes; and
WHEREAS, on August 6, 2003, the City of Miami ("City") executed an Interlocal
Agreement, as superseded by the Interlocal Agreement executed on July 10, 2007, with the
County for the distribution of Surtax proceeds to the City; and
WHEREAS, the City receives approximately between Seventeen Million to Twenty
Million Dollars of Surtax proceeds annually that is used for, inter alia, funding the City's trolley
service, funding various transportation capital projects, and debt service payments; and
WHEREAS, on March 31, 2022, the Citizens' Independent Transportation Trust ("CITT")
adopted CITT Resolution No. 22-006 instructing the Office of the Citizens' Independent
Transportation Trust ("OCITT") to withhold Surtax funds from the City and to recapture said
funds should the City fail to adequately address concerns raised in the most recent audit of the
City by the County Audit and Management Services Department ("AMS") in a timely and
satisfactory manner; and
WHEREAS, on April 5, 2022, the OCITT transmitted to the City a copy of the rendered
CITT Resolution No. 22-006 along with a letter stating that the OCITT had immediately
commenced withholding Surtax funds from the City; and
WHEREAS, the concerns raised in the most recent audit of the City by AMS originated
from a City audit covering Fiscal Years 2011-2013; and
WHEREAS, the City has and continues to disagree with the findings of the audits of the
City since the issuance of the Fiscal Years 2011-2013 Audit; and
WHEREAS, the City sent a Letter to the OCITT on April 29, 2022, explaining in detail
why the City disagreed with AMS' audit findings, why the adoption of CITT Resolution No. 22-
006 was inappropriate, and the City requested that the OCITT respond to the City's letter in
writing within three (3) weeks from receipt of the City's letter; and
WHEREAS, over five (5) weeks after the City sent the letter and after several
subsequent emails from the City requesting a response the OCITT responded to the City's letter
with a terse email that did not address any of the matters and issues raised by the City; and
WHEREAS, OCITT's inappropriate withholding of funds directly affects and infringes
upon the City's home rule authority to budget and appropriate funds for necessary and eligible
transit and transportation projects; and
WHEREAS, OCITT's delayed and terse response to the City's letter raises serious
doubts and concerns in achieving a timely resolution of the withholding of Surtax funds; and
WHEREAS, due to OCITT's inappropriate withholding of Surtax funds, the City's ability
to continue its transit and transportation related projects is directly and negatively affected; and
WHEREAS, due to the OCITT's inappropriate withholding of Surtax funds, the City's
home rule authority to budget and appropriate funds for the upcoming fiscal year has currently
and directly been negatively impacted; and
WHEREAS, due to OCITT's inappropriate withholding of Surtax funds, the City will need
to modify, halt, and/or cancel transportation construction projects in the upcoming fiscal year
due to lack of funding which may create dangerous conditions for City residents, business
owners, visitors, and property owners; and
WHEREAS, due to OCITT's withholding of Surtax funds, the City will need to reduce its
trolley service in the upcoming fiscal year affecting the ability for numerous residents,
employees, and visitors who rely on the City's trolley service to go to the grocery store, get to
work, and/or complete other necessary daily tasks thereby directly and negatively affecting their
livelihoods; and
WHEREAS, the City Commission finds that the CITT's withholding of Surtax funds
creates an immediate danger to the health, safety, or welfare of the public and requires
immediate action before the provisions of Chapter 164, Florida Statutes, are complied with; and
WHEREAS, the City Commission finds that significant legal rights will be compromised if
a court proceeding does not take place before the provisions of Chapter 164, Florida Statutes,
are complied with; and
WHEREAS, the City Commission finds that it is in the best interest of the City residents,
business owners, visitors, and property owners to authorize the City Attorney to take any and all
action(s) necessary, in law or equity, regarding the withholding of Surtax funds from the City
pursuant to CITT Resolution No. 22-006 adopted on March 31, 2022; and
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission hereby authorizes the City Attorney to take any
and all action(s) necessary, in law or equity, regarding the withholding of Surtax funds
from the City pursuant to CITT Resolution No. 22-006 adopted on March 31, 2022.
Section 3. By a four -fifths (4/5ths) affirmative vote, the City Commission finds that
an immediate danger to the health, safety, or welfare of the public requires immediate
action and/or that significant legal rights will be compromised if a court proceeding does
not take place before compliance with the provisions of Chapter 164, Florida Statutes, the
"Florida Governmental Conflict Resolution Act."
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
4Attor
i na i nde�1z�Cy 6/13/2022
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.