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
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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
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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;
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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,