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HomeMy WebLinkAboutR-03-0651J-03-525 06/03/03 RESOLUTION NO. 6 3 _ 6 5 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY TO ALLOW THE CITY OF MIAMI ("CITY") TO RECEIVE ITS PORTION OF MUNICIPAL SHARE FUNDS FROM THE CHARTER COUNTY TRANSIT SYSTEM SURTAX TO SUPPLEMENT, NOT REPLACE, THE CITY'S GENERAL FUND SUPPORT OF TRANSPORTATION AND TRANSIT PROJECTS AND FOR PURPOSES SET FORTH IN THE AGREEMENT; AND AUTHORIZING THE CITY MANAGER TO ACCEPT SAID FUNDS FROM THE COUNTY IN ACCORDANCE WITH THE AGREEMENT, AND TO EXECUTE THE NECESSARY DOCUMENTS, -IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. WHEREAS, Chapter 163, Part II, Florida Statutes, establishes the Focal Comprehensive Planning and Land Development Regulation Act, wherein Subsection 163.3171(3), F.S., which authorizes incorporated municipalities and countries to enter into agreements with each other to facilitate planning for areas of mutual interest; and WHEREAS, the Charter County Transit System Surtax, or half -penny sales tax ("Surtax") was approved by the Miami -Dade County ("County") electorate on November 5, 2002, for transportation and transit needs and implementation of the People's Transportation Plan; and WHEREAS, an Interlocal Agreement ("Agreement"), attached and incorporated, between the City and County is T 4 ¢� .r o j C ac ii' r W CITY CODU41SSION YZEETING OF JUN, 1 2 M3 Resolution No. 03- 651 distribution of the City's share of the Surtax Proceeds reserved for the municipalities of Miami -Dade County ("Municipal Share") as set forth in County Ordinance No. 02-116, attached and incorporated, which directs that a portion of the Surtax proceeds be distributed annually to certain cities that meet specified conditions; and WHEREAS, the City, a municipal corporation located within the County as of November 5, 2002, agrees to continue to meet the conditions specified by Section 29-124(f)(i) and (ii) of the Code of the County ("Eligible Cities"); and WHEREAS, the City agrees to apply its portion of the Municipal Share to supplement, not replace, the City's general fund for transportation and transit projects and for purposes noted in the attached Agreement; and WHEREAS, the funds and the project will be administered by the City Manager; 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. Page 2 of 4 03- 651 Section 2. The City Manager is authorizedl� and directed to execute an Interlocal Agreement ("Agreement"), in substantially the attached form, with Miami -Dade County ("County") to allow the City of Miami ("City") to receive its portion of municipal share funds from the Charter County Transit System Surtax proceed to supplement, not replace, the City's general fund support of transportation and transit projects and for purposes specified in the Agreement. Section 3. The City Manager is further authorizedl� to accept said funds from the County in accordance with the Agreement and to execute the necessary documents, in a form acceptable to the City Attorney, for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.L� l/ The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable provisions of the City Charter and Code. If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 3 of 4 033- 651 PASSED AND ADOPTED this 12th day of June , 2003. ATTEST: PRISCILLA A. THOMPSON CITY CLERK APPROVED T FOR ND CORRECTNESS: J DRO VILARELLO CI ATTORNEY W7296:tr:AS:BSS Page 4 of 4 4& 4 witiv Q4 - MA EL A. DIAZ, n 03- 651 INTERLOCAL AGREEMENT FOR DISTRIBUTION OF CHARTER COUNTY TRANSIT SYSTEM SURTAX PROCEEDS LEVIED BY MIAMI-DADE COUNTY This Interlocal Agreement ("Agreement") entered into this day of 2003, by and between Miami -Dade County, a political subdivision of the State of Florida ("County"), and the City of Miami, a municipal corporation of the State of Florida located within the geographic boundaries of Miami -Dade County, Florida ("City"). WITNESSETH WHEREAS, County adopted Ordinance No. 02-116 levying and imposing a one half of one percent Charter County Transit System Surtax ("Surtax") pursuant to the authority of Sec. 212.055(1) F1a.Stats. (2002); and WHERERAS, Ordinance No. 02-116 provides that a portion of Surtax proceeds will be distributed annually to certain cities who meet specified conditions; and WHEREAS, County and City wish to provide for distribution of Surtax proceeds to City on the terms and conditions provided below NOW THEREFORE in consideration of the mutual covenants expressed herein, and other good and valuable consideration, the sufficiency of which the parties hereby acknowledge, County and City agree as follows: Net Proceeds shall mean the portion of Surtax proceeds collected by the Florida Department of Revenue ("DOR") that is actually distributed to County by DOR. O 3 -= 16,51 2. County shall distribute twenty percent of Net Proceeds ("Municipal Share") to those cities existing as of November 5, 2002, that continue to meet the conditions specified in Sec.29-124(f)(i) and (ii) of the Code of Miami -Dade County, Florida ("Eligible Cities") 3. The Municipal Share shall be distributed among the Eligible Cities on a pro rata basis based upon the ratio each Eligible City's population bears to the total population in all Eligible Cities, as adjusted annually in accordance with the Estimates of Population prepared by the Bureau of Economic and Business Research of the University of Florida. For purposes of the foregoing, whenever an annexation occurs in any Eligible City, the number of persons residing in such annexed area at the time it is annexed shall be excluded from all calculations. Increases in population in areas annexed over and above the population in such area at the time of annexation, which occur after annexation shall be included in subsequent years' calculations. 4. City shall apply the entire portion of the Municipal Share that City receives to supplement, not replace, City's general fund support for transportation. City shall only expend the portion of the Municipal Share that City receives for the transportation and transit purposes specified in Sec. 212.055(1)(d)1-3 Fla. Stats (2002), as same may be amended from time to time. 5. City shall, on an annual basis, apply 20% of the portion of the Municipal Share that it receives to transit uses in the nature of circulator buses, bus shelters, bus pullout bays or other transit -related infrastructure. If City cannot apply 20% of the portion of the Municipal Share it receives as provided in the preceding sentence, City may contract with County for County to apply such portion on a County project that 2 03- 651. enhances traffic mobility within the City and immediately adjacent areas. If City cannot expend the 20% of the portion of the Municipal Share it receives in accordance with either of the two preceding sentences, then such portion shall carry over and be added to the Municipal Share to be distributed amongst the Eligible Cities in the ensuing year and such carried over portion shall be utilized by the Eligible Cities solely for the transit uses enumerated in this paragraph. 6. Net Proceeds distributed to cities incorporated after November 5, 2002, shall not reduce or affect the Municipal Share as defined herein for Eligible Cities. 7. By June 1St of each year, City shall, in order to be eligible to receive a portion of the Municipal Share for the ensuing year, certify to County that: i) for the current fiscal year it is providing at least the same level of general fund support for transportation that City provided in City's FY 2001-2002 budget; and ii) it is using the current year's portion of the Municipal Share received in accordance with this Agreement. Such certification shall include a certified copy of City's budget for the current fiscal year, together with a list of the projects (including ongoing or completed projects that a city is paying debt service on borrowed funds) on which the current year's portion of the Municipal Share received is being expended. If City fails to meet the certification requirements, after being given a reasonable opportunity to correct (of not less than ninety (90) days following the date of written notice from County) any deficiencies, the amount equal to the pro rata portion of the Municipal Share City is to receive in the ensuing year shall not be distributed to City and shall be distributed among the remaining Eligible Cities. 03-- 651 8. City agrees that the Citizens' Independent Transportation Trust ("CITT") shall have the power to monitor, oversee, review, audit and investigate the City's implementation of any project funded in whole or in part with the portion of the Municipal Share received by City. City shall not have to obtain prior approval of the CITT to select the transportation and transit projects on which City will expend City's portion of the Municipal Share that is distributed to City nor to award contracts therefor. City further agrees that County may, at County's discretion, audit the funds received under this Agreement to assure such funds are utilized in accordance with State Law, Ordinance No. 02-116 and this Agreement. The rights of City, CITT and County under this paragraph shall survive any termination of this Agreement. 9. This Agreement shall remain in effect from year to year for so long as County receives Net Proceeds. 10. Notices to City under this Agreement shall be in writing sent by U.S. Mail addressed to: City Manager City of Miami 444 S.W. 2nd Avenue, 10' Fl. Miami, Florida 33130 Notices to County under this Agreement shall be in writing sent by U.S. Mail addressed to: County Manager Stephen P. Clark Center 111 N.W. Is' Street 29"' Floor Miami, Florida 33128. 4 03- 651 11. Prior to any party filing suit against the other asserting any claim arising under this Agreement, the procedural options required by the "Florida Governmental Conflict Resolution Act," §§164.101-164.1061, F1a.Stats, as amended from time to time shall be exhausted. IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be executed on their behalf as of the date first stated above: ATTEST: MIAMI-DADE COUNTY, a political subdivision of the State of Florida By By: Harvey Ruvin, Clerk County Manager City of Executed under authority of City Resolution No. ATTEST: CITY OF MIAMI, a municipal corporation of the State of Florida By: By: City Clerk Mayor 5 63- 651 r ti OffiCIAL FU COPY CLERK OF THE BOARD OF COUNTY COM MNSSIONER; CAGE COUNTY. FLORIDA MEMORANDUM Amended Substitute No. 2 Alternate Agenda Item N, o. 4(A) TO: Hon. Chairperson' and Members DATE: July 9, 2002 Board of County Commissioners FROM: Robert A. Ginsburg SUBJECT: Ordinance levying one-half of County Attorney one percent surtax for transit L1 O#02-116 The accompanying ordinance was prepared and placed on the agenda at the request of Commissioner Bruno A. Barreiro. The prior versions of this item contain an Exhibit I listing projects to be funded by the surtax, by categories and cost. The Exhibits attached to these prior versions left open the type, cost and funding mechanisms for projects under the category of "Municipal Improvements." The attached alternate substitute number 2 has a new Exhibit 1 which details the types of projects, the proposed method for providing funding therefor to the municipalities and the cost thereof under the category "Municipal improvements." Substitute #2 to 4A Alternate makes no other changes to Exhibit 1. 03-- 651 MEMORANDUM TO: Honorable Chairperson and Members DATE: -JUIY 9, 2002 Board of County Commissioners SUBJECT: Ordinance levying one half . FROINI: Steve Shiverlof one percent surtax for transit FROINI: Steve Shiver County Manager The proposed ordinance relating to the imposition of a half -penny sales tax for transportation needs is anticipated to result in $5.596 billion in additional revenues over a 21 year period, given an average growth rate projected at 5%. During the first year.of collections, it is estimated. that the County will receive $150 million. Over the 30 .year period, these revenues will permit the County to leverage approximately $2.5 billion in Federal funds and $1.25 billion in State funds to construct 88.9 miles of rapid transit and to provide funds foracquisition of additional buses, municipal transit enhancements, road and highway improvements and to partially cover the operating and maintenance costs for the Miami -Dade transit system. Fares are assumed and have been projected to remain at the same rate over the same period. Additionally, because the maintenance of requirements remain constant, it somewhat reduces the budgetary pressure on the general fund. 3- 651 Approved Com-¢--4'�-� � t-*Aavor Veto Override ORDINANCE NO. 027f 1fi A,mcnded jubstitute No.2 Alternate Agciida ifcln-W-4(A) 7-9-02 - ORDINANCE LEVYING AND IMPOSING A ONE HALF OF ONE PERCENT CHARTER COUNTY TRANSIT SYSTEM SURTAX AUTHORIZED BY SECTION 212.055(1), FLORIDA STATUTES (2001) ON ALL TRANSACTIONS OCCURRING IN MIAMI -DADS COUNTY OTHERWISE SUBJECT TO THE STATE TAX IN20SED ON SALES, USE, RENTALS, ADMISSIONS AND OTHER TRANSACTIONS BY CFLA.PTER 212, FLORIDA STATUTES , (2001); PROVIDING EXCEPTIONS; PROVIDING LIMITATIONS AND PROCEDURES FOR A.DMLNISTRATION AND COLLECTION; PROVIDING FOR USE *OF SURTAX PROCEEDS; GRANTING CITIZENS, INDEPENDENT TRANSPORTATION TRUST CERTAIN POWERS OVER THE USE - AND EXPENDITURE .OF SURTAX PROCEEDS; EXPRESSING ],TENT TO MAINTAIN CURRENT LEVEL OF GENERAL FUND SUPPORT FOR MDTA IN SUBSEQUENT FISCAL YEARS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTPTE DATE; AND REQUIRING THE CLERK OF THIS BOARD TO MAIL 'CERTIFIED COPIES HEREOF TO BOTH THE FLORIDA DEPARTMENT OF STATE AND THE FLORIDA DEPARTMENT OF REVENUE WITIUN TEN DAYS AFTER ENACTMENT WHEREAS, this Board wishes to levy and impose a one half of one percent Charter County Transit System Surtax if approved by the electorate of Miami -Dade County, Florida (the "County") at a duly called election pursuant to authority granted by Section 212.055(1), Florida Statutes (2001), and to apply the proceeds of the surtax as provided herein, NOW, THEREFORE,, BE IT ORDAINED BY THE BOARD OF COUNTY COI al[ISSIONNERS OF ?v1L NH -D AD'E COUNTY, FLORIDA: it Amenaed Substitu` No.2 Altemat,_ Agenda Item No. 4(A) Page No. 2 Section 1. Code Amendment. Chapter 29 of the Code of Miami -Dade County, Florida, is hereby amended by adding the following new Article XVI: ARTICLE XVI. ONE HALF OF ONE PERCENT CHARTER COUNTY TRANSIT SYSTEM SALES SURTAX AUTHORIZED BY SECTION 212.055(1) FLORIDA STATUTES (2001). Sec. 29.121. Sales surtax levied. There is hereby levied and imposed a one half of one percent discretionary sales surtax authorized by Section 212.055(1), Florida Statutes (2001) on all transactions occurring in Miami -Dade County which transactions are subject to the state tax imposed on sales, use, rentals, admissions and other transactions by Chapter 212, Florida Statutes (2001). Sec. 2.9.122. Surtax rate, limitations. The surtax rate shall be one half of one percent on the amount of taxable sales and taxable purchases: representing such transactions. The limitations, conditions and provisions contained in Section 212.054, Florida Statutes (2001) as the same may be amended and supplemented from time to time are hereby incorporated herein. Sec. 29-122.1.` Exemption from Sales Surtax. All exemptions applicable to the discretionary sales surtax cgntained in Chapter 212, Florida Statutes are hereby incorporated herein as the same may be amended and supplemented from time to time including, but not limited to, the following: 1. - The sales amount above $5,000 on any item of tangible personal property shall not be subject to the surtax: However, charges for prepaid calling arrangements, as defined in Sec.212.05(l)(e)i.a. Fla. Stats., shall be subject to the surtax. For S 03- 651 Amend° Substit No.2 Alternate Agenda Item No. 4(A) Page No. 3. purposes of administering the $5,000 limitation of an item of tangible personal property, if two or more taxable items of tangible personal property ale sold to the same purchaser at the same time and, under generally accepted business practice or industry standards or usage, are normally sold in bulk or are items that, when assembled, comprise a working unit or part of a worlang unit, such items must be considered a single item for purposes of the $5,000 limitation when supported by a charge ticket, sale slip; invoice, or other tangible evidence of a single sale or rental. 2. The sale at retail, the rental, the use, the consumption, the- distribution, and the storage to be used or consumed in this state of the following are hereby specifically exempt from the sales surtax imposed by this ordinance. (1) ENEMPTIONS; GENERAL GROCERIES.— (a) Food products for human consumption are exempt from the sales surtax'i reposed by this ordinance. (b) For the purpose of this ordinance, as used in this subsection, the term "food products" means edible commodities, Whether processed, cooked, raw, canned, or in anyother form, which are generallyregarded as footl: Tbis., includes, but is not limited'to, all of the following: 1. Cereals and cereal products, baked goods, oleomargarine, meat. and meat products, fish and seafood products,` frozen foods and dinners, poultry, r CO 63- 651 Amen,'Pd Subst e No. 2 Alternate Agenda Item No. 4(A) Page No. 4 eggs and egg products, vegetables and vegetable products, fruit and fruit products, spices, salt, sugar and sugar products, milk and daily products, and products intended to be mixed with milk. 2. Natural fruit or vegetable juices or their concentrates or reconstituted natural concentrated fruit or vegetable juices, whether frozen or unfrozen, - dehydrated, powdered, granulated, sweetened or unsweetened, seasoned with salt or spice, or unseasoned; coffee, coffee substitutes, or cocoa; and tea, unless it is sold in a liquid form. 3. Bakery products sold by bakeries, pastry shops, or like establishments that do not have eating facilities. (c) The exemption provided by this subsection does not apply: 1. When the food products are sold as meals for consumption on or off the premises of the dealer. 2. When the food products are furnished, prepared, or served for consumption at tables, chairs, or counters or from trays, glasses, dishes, or other tableware, whether provided 03- 61 Amend Substitute No. 2 Alternate Agenda Item No. 4(A) Page No. 5 by the dealer or by a person with whom the dealer contracts to furnish, prepare, . or serve food products to others. 3. When the food products are ordinarily sold for immediate consumption on the seller's premises or near a location at which parking facilities are provided primarily for the use of patrons in consuming the products purchased at the location, even though such products are sold on a "take out" or "to go" order and are actually packaged or wrapped and taken from the premises of the deal-er. 4. To sandwiches sold ready for immediate consumption on or off the seller's premises. 5_ When the food products are sold ready for immediate consumption within a place, the entrance to which is subject to an admission charge. b. When the food products are sold as hot prepared food products. 7. To soft drinks, which include, but are not limited to, any nonalcoholic beverage, any preparation or beverage commonly referred- 03- 651 w Ame d Substrate No. 2 Alternate Agenda Item No. 4(A) Page No. 6 to as a "soft drink," or any noncarbonated drink made from milk derivatives or tea, when sold in cans or similar containers. 8. To ice cream, frozen yogurt, and similar frozen dairy or nondairy products in cones, small cups, or pints, popsicles, frozen fruit bars, or.. other novelty items, whether or not sold separately. 9. To food prepared, whether on or off the premises, and sold for immediate consumption. This does not apply to food prepared off the premises and sold in the original sealed container, or the slicing of products into smaller portions. 10. When the food products are sold through a vending machine, pushcart, motor vehicle, or any other form of vehicle. 11. To candy and any similar product regarded as candy or confection, based on its normal use, as indicated on the label or advertising thereof. 12. To bakery products sold -by bakeries, pastry shops, or like establishments that have eating facilities, except when sold for 03- 651 Amend Substitute No. 2 Alternate Agenda Item No. 4(A) Page No. 7 consumption off the seller's premises. 13. When food products are served, prepared, or sold in or by restaurants, lunch counters, cafeterias, hotels, taverns, or other like places of business. (d) As used in this subsection (1), the term: 1. "For consumption off the seller's premises" means that the food or drink is intended by the customer to be consumed at a place away from the dealer's premises. 2. "For consumption on the seller's premises" means that the food or drink sold may be immediately consumed on the premises where the dealer conducts his or.her business. In determining whether an item of food is sold for immediate consumption, there shall be considered the customary consumption practices prevailing at the selling facility. 3. "Premises" shall be construed broadly, and means, but is not limited to, the lobby, aisle,.or auditorium of a theater; the seating, aisle, or parking area of an arena, rink, or stadium; or the parking area of a drive- u-} V ft Amer - d Subst,.,4e No_ 2 Alternate Agenda Item No. 4(A) Page No. 8 in or outdoor theater. The premises of a caterer with respect to catered meals or beverages shall be the place where such meals or beverages are served. 4. "Hot prepared food products" means those products, items, or components which have been prepared for sale in a heated condition and which are sold at any temperature that is higher than the air temperature of the room or place where they are sold. "Hot prepared food products," for the purposes of this subsection, includes a combination of hot and cold food items or components where a single price has been established for the combination and the food products are sold in such combination, such as a hot meal, a hot specialty dish or serving, or a hot sandwich or hot pizza, including cold components or side items. (e) 1. Food or drinks not exempt under paragraphs (a), (b), (c), and (d) shall be exempt, notwithstanding those paragraphs, when purchased with food coupons or Special Supplemental Food Program for Women, Infants, and Children vouchers issued- under authority of federal law. 03- 651 Amend, Substitute No. 2 AIternate Agenda Item No. 4(A) Page No. 9 2. This paragraph (e) is effective only while federal law prohibits a state's participation in the federal food coupon program or Special Supplemental Food Program for Women, Infants, and Children if there is an official determination that state or local sales takes are collected within that.state on purchases of food or drinks with such coupons. 3. This paragraph (e) shall not apply to any food or drinks on which federal law shall permit sales taxes without penalty, such as termination of the state's participation. (2) EXEMPTIONS MEDICAL (a) There shall be exempt from the sales surtax imposed by this ordinance any medical products and supplies or medicine dispensed according to an individual prescription or prescriptions written by a prescriber authorized by law to prescribe medicinal drugs; 'hypodermic needles; hypodermic syringes; chemical compounds and test kits used for the.diagnosis or treatment of human disease, illness, or injury; and common household remedies recommended and generally sold for internal and external use in the cure, mitigation, .treatment, or prevention of illness or disease in human beings, but not 1 )-163- 651 ft :ry Amen, - Substitute No. 2 Alternate Agenda Item NIo. 4(A) Page leo. 10 including cosmetics or toilet articles, notwithstanding the presence of medicinal ingredients therein, according to a list prescribed and approved by the Department of Health, which list shall be certified to the Department of Revenue from time to time and included in the rules promulgated by the Department of Revenue. There shall also be exempt from the sales surtax imposed by this ordinAnce artificial eyes and limbs; orthopedic shoes; prescription eyeglasses and items incidental thereto or which become a part thereof; dentures; hearing aids; crutches; prosthetic and orthopedic _appliances; and funerals. in addition, any items intended for one-time use which transfer essential optical characteristics to contact Ienses shall be exempt from the sales surtax imposed by this ordinance, however, this exemption shall apply only after V 00,000 of the sales surtax imposed . by this ordinance on such items has been paid in any calendar year by -a taxpayer whoclaims the exemption in such year. Funeral directors shall pay tax on all tangible personal property used by them in their business. (b) For the purposes of this subsection (2): _ 1. "Prosthetic and orthopedic appliances" means any apparatus, instrument, device, or equipment used to replace or substitute for any missing part of the body, to alleviate the malfunction of i3 03- 651 Amen, _.t Substitute No. 2 Alternate Agenda item No_ 4(A) Page No. I 1 any part of the body, or to assist any disabled person in leading a normal life by facilitating such person's mobility. Such apparatus, instrument, device, or equipment shall be exempted according to an individual prescription or prescriptions Written by a physician licensed under chapter 458, chapter 459, chapter 460, chapter 461, or chapter 466, Florida Statutes, or according to a list prescribed and approved by the Department of Health, which list shall be certified to the Department of Revenue from time to time and included in the rules promulgated by the Department of Revenue. 2. "Cosmetics" means articles intended to be :,rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body for cleaning, _beautifying, promoting 'attractiveness, or altering the appearance and also means articles intended for use as a compound of any such articles, including, but not limited to, cold creams, suntan lotions, makeup, and body Iotions. v 3. "Toilet articles" means any article advertised or held out for sale for grooming purposes and those j+3-- b04 ft Amendf Substitute No. 2 Alternate Agenda Item No. 4(A) Page No. 12 articles that are customarily used for grooming purposes, regardless of the name by which they may be known, including, but not limited to, ' soap, toothpaste, hair spray, shaving products, colognes, perfumes, shampoo, deodorant, and mouthwash. 4. "Prescription" includes any order for drugs or medicinal supplies written or transmitted by any means of communication by a duly Iicensed practitioner authorized by the laws of the state to prescribe such drugs or medicinal supplies and 'intended to be dispensed by a pharmacist. The term also includes an orally.transmitted _ order by the lawfully designated agent of such practitioner. The term also includes an order written or transmitted by a practitioner licensed to practice in a jurisdiction other than this ..state, but only if the p0miacist called upon to dispense such order 'determines, in the exercise of 'his or her professional judgment, that the order is -valid and necessary for the treatment of a chronic or recurrent illness. The term _ also includes a pharmacist's order fora product selected from the'formulary created pursuant to Sec. 465.185 :._ F1a.Stats. A prescription may 1 03~- ft Amend Substitute No. 2 Alternate T Agenda Item No. 4(A) Page No. 13 be retained in written form, or the pharmacist may cause it to be recorded in a data processing system, provided that such order can be produced in printed form upon lawful request. (c) Chlorine shall not be exempt from the tax imposed by this ofdinance when used for the treatment of water in swimming pools. (d) Lithotripters are exempt. (e) Human organs are exempt_ (fl Sales of drugs to or by physicians, dentists, veterinarians, and hospitals in connection with medical treatment are exempt. (g) Medical products and supplies used in the cure, mitigation, alleviation, prevention, or treatment of in disease, or incapacity which are temporarily or permanently incorporated into a patient or clieat by a practitioner of ,-the healing arts licensed in the state ...are exempt. (h) The purchase by a ::v"eterinarian of commonly recognized substances possessing cbrative or remedial properties which are ordered and dispensed as treatment for a diagnosed health =* disorder by or on the prescription of a duly licensed veterinarian, and ��. which are applied to or consumed by 'animals for alleviation of pain or the 1(0 03- 651 ft Amendea Substitute No. 2 Alternate Agenda Item No. 4(A) Page No. 14 cure or prevention of sickness, disease, or suf.ering are exempt. Also exempt are the purchase by a veterinarian of antiseptics, absorbent cotton, gauze for bandages, lotions, vitamins, and worm remedies. (i) 'X-ray opaques, also known as opaque drugs and radiopaque,, such as the various opaque dyes and barium sulphate, when used in connection with medical X rays for treatment of bodies of humans and animals, are exempt. (j) . ,Parts, special attachments, special lettering, and other like items that are added to or attached to tangible personal property so that a handicapped person can use them are exempt when such items are purchased by a person pursuant to an individual prescription. (k) This subsection (2) shall be -,strictly construed and enforced. Sec. 29-123. AdnAnistration; collection anc1;. enforcement. The Florida Department of Revenue shall administer, collect and enforce the surtax levied hereunder pursuant to'the procedures specified in -Sec.- 212.054(4) Fla.Stats. (2001) as the same maybe amended br renumbered from time to time. Sec. 29-124. Special fiend created; uses of surtax proceeds; and role afUtlaens' Independent Transportation Trust. The surtaxproceeds collected by -The -State and distributed hereunder shall be deposited in a special fund 03" 651 Amended Substitute No. 2 Alternate Agenda Item No .-4(A) Page No. 15 set aside from other County funds in the custody of the Finance Director of the County. Moneys in the special fund shall be expended for the transportation and transit projects (including operation and maintenance thereof) set forth in Exhibit 1 to this ordinance (including those projects referenced in the ballot question presented to the electors to approve this levy), subject to any amendments thereto made in accordance with the IVIPO process or made in accordance with the procedures specified in subsection (d) bf this Section. Expenditure of surtax proceeds shall be subject to the following limitations:.- _ (a) Surtax proceeds shall be applied to expand the Golden Passport Program to all persons (regardless of income level who are over the age of 65 or are drawing Socia] Security benefits, and to Provide fare -free public transportation service on Metromower, including extensions. (b) Surtax proceeds may only be expended for the transportation and transit purposes specified in §212.055(1)(d)1-3 Fla_Stats.(2001). (c) The *County shall not expend more than 5% of the County's share of surtax proceeds on administrative costs, exclusive of project . management and oversight fbr'projects funded by the surtax. (d) The County Commission shall mot delete or materially change any Cotuiiy project, contained in the list attached as Exhibit I to this ordinance nor add any project to the list except in accordance with the procedures set forth in this subsection (d). A proposed deletion, material -change or addition of a County project shall be initially reviewed by the Citizens' ,Independent Transportation Trust ("Trust's, which shall forward a recommendation thereon to the County Commission. The County Commission may either accept or reject the Trust's recommendation. If the County Commission rejects I Z 03- 651 �, Amended Substitute No. 2 Alternate Agenda Item No. 4(A) Page No. 16 the recommendation, the matter shall be referred back to the Trust for its reconsideration and issuance of a reconsidered recommendation to the County Commission. -The County Commission may approve, change or reject the Trust's reconsidered recommendation. A two-thirds vote of the Commission membership shalI be required to take action other than as contained in the reconsidered recommendation of the Trust. The foregoing notwithstanding,. the list of County projects contained in Exhibit 1 may be changed as a result of the MPO process as mandated by federal and'state law. (e) No surtax proceeds may be used to pay the costs of a contract awarded by action of the County Commission until such action has become final (either by ezpirati on, of ten Hays after such action wiYFiout veto by the Ma}ror, or by Commission override of a veto) and either. i) the Trust has approved same; or, ii) in response to. the Trust's disapproval, the County Commission re -affirms its award by two-thirds "(2/3) vote of the Commission's membership. - The bid docurrients for all County contracts funded in whole or iii part with surtax proceeds shall provide that.no award shall be effective an no contractual relationship shall arise with the Coiintyunless and until approved by the Trust or re-affrmed by the County Commission as provided_ in this'sul;sact:on. - (f) Twenty percent of surtax proceeds shall be dist"' buted annually td #hose -cities existing as of November 5,`2002'tl at &ezt'lhe following :� . conditions: (i) That continue to provide the same level of general fiord support for - tr-msportation that is in their FY 2001-2002 budget in subsequent Fiscal Years. Any surtax proceeds received shall be applied to supplement, �not replace a city's general fund support for transportation; 63- 651 ft A.menden Substitute No. 2 Alternate Agenda Item No. 4(_A) Page No. 17 (ii) That apply 2011,o of any surtax proceeds received to transit uses in the nature of circulator buses, bus shelters, bus pullout bays or other transit -related infrastructure. Any city that cannot apply the 20% portion of surtax proceeds it receives as provided in the preceding sentence, may contract with the County for the County to apply such proceeds on a County project that enhances traffic mobility within that city and immediately adjacent areas. If the city cannot expend such proceeds in accordance with either of the preceding sentences, then such proceeds shall carry over and be added to the overall portion of surtax proceeds to be distributed to the cities in the ensuing year and shall be utilized solely for the transit uses enumerated in this subsection (ii); and Surtax proceeds distributed amongst the existing cities shall be distributed on a pro rata basis based on the. ratio such city's population bears,io thelotal population in all such cities (as adjnisted anuuaIly in accordance with the Estimates of Population prepared bythe Bureau of Economic and Business Research of the University of Florida) annually to those cities that continue to meet the foregoing conditions. For purposes of the foregoing, whenever an annexation occurs in an existing city, the number -of persons residing in such annexed area at the time it is annexed shall be excluded from all calculations_ Increases in population, in areas annexed over and above the population' in such area at the time of annexation which occur after annexation shall be included is subsequent years' calculations. 63- 651 Amended Substitute No. 2 Alternate Agenda Item No. 4(A) Page No. 18 (g) Newly incorporated municipalities shall have the right to negotiate with the County for a pro rata share of the sales surtax, taking into consideration the neighborbood and municipal projects identified in Exhibit 1, as amended, within the boundaries of the new municipalities. The preceding sentence shall not affect the twenty (20%) percent share provided herein for municipalities existing on November 5, 2002. Section 2. Severability. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 3. • Ordinance Part of Code. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Miami -Dade County, -Florida: The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. Section 4. Effective Date. The provisions of this ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board, and the sales surtax authorized herein shall take effect on January 1, 2003, provided that the question of whether the County shall levy a one- half of one percent sales surtax pursuant to Section 212.055(1), Florida Statutes (200 1) is approved by a majority vote of the electorate who vote on this proposal in the election to be held on November 5, 2002. The sales surtax authorized herein shall remain in effect until this ordinance is ,repealed. 63-- 65.1 Amended Substitute No. 2 Alternate Agenda Item No. 4(A) Page 'No. 19 Section 5. Maintenance of Effort. It is the intention of the Board of County Commissioners that the amount of general fund support for MDTA in fiscal year ending September 30, 2003 and each subsequent fiscal year shall be no less than $111,800,000 which is s the budgeted amount of general fund support for NOTA in fiscal year ending September 30, 2002. Section 6. State Filings. This Clerk of the Board shall forthwith mail certified copies of ft this ordinance to both the Florida Department of State and the Florida Department of Revenue Within ten (10) days after enactment hereof. Section 7.- Amendments. This Ordinance may only be amended or repealed by a two- thirds vote of the Board. Any amendment or repeal of this Ordinance.shall further require a minimum of six (6) weeks between fust and second reading. Section 8. This ordinance does not contain a sunset provision. PASSED AND ADOPTED: JUL 0 9 2002 Approved by County Attorney as to form and legal sufficient AA -6 Prepared by: R. A. Cuevas, Jr. Sponsored by Commissioner Bruno A. Barreiro 03- 651 E.XH SIT I H)SIT PEOPLE'S TRANSPORTATION PLAN YEAR 2003-200$: BUS SERVICE IMPROVEMENTS (Capital Cost: $90 million) • Increases bus fleet from 700 to 1335. • Increases current service miles from 27 million miles to 44 million miles. • Increases operating hours from 1.9 million hours to 3.3 million hours. • Utilizes minibuses on all new bus routes and in neighborhood/municipal circulator shuttle service. • Adds mid-day, Saturday and Sunday services within 30 -days of approval of a dedicated funding source using existing buses: • Provides 15 -minutes or better bus service during rush .hour; 30 -minutes or better during other periods; 24-hour service in certain major. corridors. ' • Replaces buses on a systematic basis to reduce operating cost and increase reliability. • Constructs bus pull-out bays on major streets to expedite traffic flow. • implements grid system for bus service (north -south and east -west] on major streets and avenues with circulator service feeding main line bus service and rapid transit fines. • Expands the bus shelter program throughout the County. • Enhances and expands transit bus stop signage countywide; incorporate information technology at bus stop and rail stations. • Expands Transits public information program through enhanced marketing and advertising. ;. r • Expands on successful municipal circulator program. t ': YEAW2003-2031: RAPID TRANSIT IMPROVEMENTS Construction of up to 88.9 -miles of .countywide rapid transit lines. (Capital Cost: $7 billion) Fechnalogy and Corridor improvements: _Two corridors, totaling 26.7 miles of rapid transit, have completed the pianriing phase and are ,ready Jo enter into final :design and construction -- the North Corridor and East-West Corridor. n ■ The Nort'1Corridor is a 9.5 -chile heavy rail alternative, running from the. Dr.. Martin Luther King, Jr. Metrorail Stafion, along NW 270 Avenge to NW 215", Street (Miarni- Dadefrroward Countyline),, -with. proposed.. stations at.Noithside Shopping Center, MDOC Nolith-�Carr►pus; City of Opa-locka;.Pplrnetto Expressway;. Carol City Sbopping Center, Pro -Player Stadium and the Florida Tumpike. Th6 7484` Gorridor (part of the original Rapid Transit Plan) will receive top priority to go into the final design and construction phase. ($555 million) ■ The East-West Corridor consists of two segments, one from the Florida Turnpike east to the Palmetto Expressway (SR " 826) and from the Palmetto, through Miami International Airport, downtown Miami, and to the Port of Miami, 6 -miles and 11.2 miles respectively. These sites have been identified as potential station locations: Florida Tumpike, NW 107" Avenue, NW 97'h Avenue, NW 87`'' Avenue, Milam Dairy Road, Blue Lagoon area, Miami Intermodal Center, NW 27"' Avenue, Orange Bow(, Government Center (downtown Miami), and the Port of Miami. ($2,789 million) Z 03- 651 >'- I BIT I PEOPLE'S TRANSPORTATbN- PLAN • The remaining 62.2 -miles of rapid transit lines need to complete federal, state and local planning processes to determine feasibility, technology, and corridor alignment. These corridors include, but are not limited to, the following: • Earlington HeightslAirport Connector A '3.1 mile extension from the -Earlington Heights Metrorail Station to the Miami Intermodal Center, located on the east side of Miami International Airport. ($207 million). • Baylink: A 5.1 -mile corridor between downtown Miami and South Miami Beach. (5510 million) • - Kendall Corridor: A 15 -mile corridor with .both east -west and .north -south segments. ($877 million) • Northeast Corridor: A 13.6 -mile corridor from downtown Miami, through Little Haiti, to NE 215' Street, generally along the Biscayne Blvd./US 1 Corridor and Florida East Coast railroad right-of-w2y. ($795 million) • Rail Extension to Florida City: A 21 -mile rail extension along US1 consisting of two segments, one from Dadeland South Metrorail Station to Cutler Ridge; a second segment from Cutler Ridge to Florida City. ($940- million) • Douglas Road Extension: A 4.5 -mile corridor from the Douglas Road Metrorail Station to the Miami Intermodal Center. ($280 million) . YEAR 2003-2013: MAJOR HIGHWAY AND ROAD IMPROVEMENTS (Total Cost: $309 million) Includes the following countywide improvements: • Supplements, funding to, upgrade the County's traffic signalization system. Constructs rnajor ingress/egress iiritprovements in.Dowritawn-Miami, from SW 8 Street to SW 1 Avenue. • Funds the Preliminary Engineering anti Design study of'I-398. • Acceleeafes approved safety entlancements and lane improvements for Krome Avenue... , • Completes construction of NW 87 Avenue between NW .154 Street and Miami Gardens DM(NW 183 Street)_ • Creates via'li{e reverse flow fafies bn majbi thproughfares. . • funds grad'separation of intersections where appropriate, countywide. •_- . Supplements't"unding to widen NW 62 Avenue, from NW 105 Street to IOW 138 Street. 03- 651 0 EXHIBIT 1 PEOPLE'S TRANSPORTATION PLAN YEAR 2003-2013: NEIGHBORHOOD IMPROVEMENTS (Total Cost: $167 million) Neighborhood improvements include modification of intersections; resurfacing pf local and arterial roads; installationlrepairs of guardrails; installation of school flashing signals and enhancement of greenways and bikeways. Such improvements also include replacement/repair of sidewalks, repair/installation of drainage and landscape beautification (including community image enhancements) related to the development, construction, operation or maintenance of roads and bridges in the county or to the expansion, operation or maintenance of bus and fixed guideway systems. Accelerates program to provide ADA accessibility to bus stops throughout the County. MUNICIPAL IMPROVEMENTS (Cities to receive a pro rata share (detetmrined by population) of 20% total surtax revenues on an annual basis (currently estimated at $62.6 million lone -percent) or $31.3 million [one-half percent)) Cities will preserve the level of transportation funding currently in their FY 2001-2002 budgets (i.e. their maintenance of effort dollars). Maintenance of effort excludes special bond issues for infrastructure improvements. The cities will dedicate 20% of their surtax funds to transit purposes.- This would include circulators, bus shelters, bus pull out bays or other transit -related infrastructure. If such utilization is inappropriate, the County will be afforded the opportunity to undertake such projects with those funds or the funds will revert to the municipal pool foe re -distribution. NOTE: This Exhibit 1. includes those projects listed on the _attached 3 pages entitled "Board RequestWd Major Roadway and Neighborhood improvement Projects for'ini✓lusion'1h the People`s Transportation Plan.° 0— I --PROJECTS -_DIST I 2 I— F– 3 -- - FOR INCLUSION - - "— - • - - - w — ,— a ,....-a , as v v rtwaA IN THE PEOPLE'S TRANSPORTATION , �!L A." AA A1.V ► .iJ1i11j1'1 ,I- ._PROJECTS PLAN PROJECT NAME/LOCATION LIMITS SECTIONS 5-52-41, 8-52-41, 9-52-41, 14-52-41,16-52-41 AND 18-52-41 NW 135 STREET TO STATE ROAD 9 DESCRi r' R'TION ROADS WITH POOR TO FAIR PAVEMENT CONDITIONS NW 22 AVENUE RESURFACING AND REMAIUUNG R'ESIJRFACING AND REMARICINC WIDENING FROM 2 TO 5 LANES NW 37 AVENUE A1W7.9 .STREET TO NORTH RIVER DRIVE NW 135T0 62 STREETS NW 37 AVENUE TO I-95 NW 22 AVENUE NW 62 STREET itESURFACING AND REMARKING RURFACING AND TRAFFIC OPERATIONAL IMPROVEMENTS NE 2 AVENUEr: NE 9.1. TO 20 STREETS -$T— BEET AND TRAFFIC OPERATIONAL IMPROVEMENTS a MIAMI GARDENS DRIVE CONNECTOR US t TOLEHMAN CAUSEWAY 14AtW 4 -LANE ROAD G ,:- 7 SW 62 AVENUE NW 7 STREET SW 72 AVENUE SW 24 TO NW 7 STREETS NW 72 TO 37 AVENUES SW 40'TO.0 STREETS NW 7 TO STREET! N W 87 TO 79 AVENUE SW 72 TO 56 STREETS SW 70 TO 64 STREETS MCFARLANE TO AVIATION' US I TO BAYSHORE DRIVE SW 37 TO 32 STREETS SECTIONS 27-54-40,28-5440 AND 29-54-40 STREET IMPROVEMENTS RESURFACING AND TRAFFIC OPERATIONAL IMPROVEMENTS 'STREET AND TRAFFIC • OPERATIONAL IMPROVEMENTS 1�W 82AVENUE/ NW 8 STREET _ ROADWAY RECONSTRUCTION ' �SW 97 AVENUE S0 62 AVENUE SOUTH BAYSHORE DRIVE c 27 AVENUE GRIMPROVEMENTS. GRAND AVENUE ROADS WITH FAIR TO POOR PAVEMENT CONDITIONS WIDEN TO 3 LANES NARROW FROM 5 TO 2 LANES .RESURFACING. AND MEDIAN WIDEN FROM 2 TO 3 LANES NARROW FROM 4 TO 2 LANES RESURFACING SOUTH MIAMI AVENUE SW 25 TO 15 ROADS TRAFFIC CALMING MEASURES, CURBS AND SIDEWALKS` BOARD REQUESTED MAJOR ROADWAY AND NEIGHBORHOOD IMPROVEMENT PROJECTS FOR INCLUSION IN THE PEOPLE'S TRANSPORTATION PLAN _DIST PROJECT NAME/LOCATION .LIMITS DESCRIPTION SW 87 AVENUE SW 216 TO 168 STREETS WIDEN FROM 2 TO 4 LANES 8 S W 312 STREET SW 187 TO 177 AVENUES WIDEN TO 5 LANES SW 137 AVENUE US 1 TO 184 STREET WIDEN TO 4 LANES/NEW 4 LANES SW 137 AVENUE, HEFT TO US 1 WIDEN FROM 2 TO 4 LANES SW 120 STREET SW 137 TO 117 AVENUES WIDEN FROM 4 TO 6 LANES 9 SW 136 STREET SW 157 AVENUE TO FLORIDA TURNPIKE SR 874 WIDENING FROM 2 TO 4 LANES SW 157 AVENUE SW 184 TO 152 STREETS NEW 4 -LANE ROAD SW 160 STREET SW 147 TO 137 AVENUES NEW 4 -LANE ROAD SW 180 STREET SW 147 TO 137 AVENUES FLORIDA'S TURNPIKE TO SW 127 AVENUE CURBS AND GUTTERS, TRAFFIC OPERATIONAL IMPROVEMENTS SW 216 STREET SW 176 STREET US 1 TO SW 107 AVENUE US I TO SW 137 AVENUE CURBS AND GUTTERS, TRAFFIC OPERATIONAL IMPROVEMENTS CURBS AND GUTTERS, TRAFFIC OPERATIONAL IMPROVEMENTS SW 264 STREET 10 SW 127 AVENUE SW 120 TO 88 STREETS WIDEN TO 4 LANES WITH MEDIAN, SWALES AND FRONTAGE ROAD SW 97 AVENUE SW 56 TO 40 STREETS WIDEN TO 3 LANES NEW ACCESS TO COUNTRY WALK LAND ACQUISITION AND EXTENSION OF SW 143 TERRACE FROM RAILROAD TRACKS10 SW 136 _ STREET NEW 2 -LANA ROAD " SW 157 AVENUE I SW 152 TO 112 STREET rNEWA.LANE.ROAD - \... F C. _ •1 Nf BOARD REQUESTED MAJOR ROADWAY AND NEIGHBORHOOD IMPROVEMENT PROJECTS FOR INCLUSION IN THE PEOPLE'S TRANSPORT D I PROJECT TRANSPORTATION PLAN _ __ CT NAME/LOCATION LIMITS DESCRIPTION ' NW 138 STREET BRIDGE I Z BRIDGE OVER MIAMI RIVER CANAL BRIDGE CONSTRUCTION t AT NW 138 STREET " NW 74 STREET REFT TO NW 82 AVENUE NW 97 AVENUE NEW 4 -LANE ROAD NW 41 TO 25 STREETS WIDEN FROM 2 TO 4 LANES NW 62 AVENUE W 8 AVENUE NW 138 TO.105 STREETS 13 NW l70 STREET WIDEN FROM2 TO 3 LANDS NW 87 TO 77 AVENUE�"�,.S � WIDEN FROM 2 TO 4 LANrS P. s,