HomeMy WebLinkAboutLegislationFile Number: 10-00890
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING MIAMI-DADE
COUNTY ("COUNTY") TO ENACT PROCEDURES TO AMEND THE CHARTER
COUNTY TRANSIT SURTAX ORDINANCE TO BE IN ACCORDANCE WITH THE
NEWLY ADOPTED STATE LAW REGARDING ON -DEMAND TRANSPORTATION
SERVICES (CS/HB 1271); DIRECTING THE CITY CLERK TO TRANSMIT A COPY
OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN.
WHEREAS, Ordinance No. 02-117 of the Miami -Dade County Code, entitled "Charter County
Transit System Surtax" ("Transit Surtax Ordinance"), pursuant to the authority of Section 212.055(1),
Florida Statutes, is silent on whether municipalities can provide on -demand transportation services for
low-income senior citizens within their municipal boundaries using the municipal share of the surtax;
and
WHEREAS, pursuant to Committee Substitute for House Bill (CS/HB) 1271, recently adopted by
the Florida Legislature, and signed into law by the Governor and effective July 1, 2010, provides that
the expansion, operation, and maintenance of on -demand transportation services are now an
allowable use of surtax funds; and
WHEREAS, the Miami -Dade County ("County") Attorney's Office has opined that the Transit
Surtax Ordinance must be amended by a County -wide voter referendum to incorporate the newly
adopted State of Florida ("State") law; and
WHEREAS, the Miami City Commission believes that State law supersedes a preamble section
found in County Resolution No. 276-10, adopted March 2, 2010, and urges the County to amend the
Transit Surtax Ordinance to be in accordance with the State law;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
• �.
Section 1. The Miami City Commission urges Miami -Dade County to amend the Transit Surtax
Ordinance to be in accordance with the newly adopted State law regarding on -demand transportation
services (CS/HB 1271).
Section 2. The City Clerk is directed to transmit a copy of this Resolution to Carlos Alvarez,
Miami -Dade County Mayor, George Burgess, Miami -Dade County Manager, and the members of the
Miami -Dade County Commission.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
City of Vianti Page I of 2 File 1d: 10-00890 (Version: 1) Printed On: 712112010
4
City of Miami
,y
Legislation
`-
Resolution
File Number: 10-00890
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING MIAMI-DADE
COUNTY ("COUNTY") TO ENACT PROCEDURES TO AMEND THE CHARTER
COUNTY TRANSIT SURTAX ORDINANCE TO BE IN ACCORDANCE WITH THE
NEWLY ADOPTED STATE LAW REGARDING ON -DEMAND TRANSPORTATION
SERVICES (CS/HB 1271); DIRECTING THE CITY CLERK TO TRANSMIT A COPY
OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN.
WHEREAS, Ordinance No. 02-117 of the Miami -Dade County Code, entitled "Charter County
Transit System Surtax" ("Transit Surtax Ordinance"), pursuant to the authority of Section 212.055(1),
Florida Statutes, is silent on whether municipalities can provide on -demand transportation services for
low-income senior citizens within their municipal boundaries using the municipal share of the surtax;
and
WHEREAS, pursuant to Committee Substitute for House Bill (CS/HB) 1271, recently adopted by
the Florida Legislature, and signed into law by the Governor and effective July 1, 2010, provides that
the expansion, operation, and maintenance of on -demand transportation services are now an
allowable use of surtax funds; and
WHEREAS, the Miami -Dade County ("County") Attorney's Office has opined that the Transit
Surtax Ordinance must be amended by a County -wide voter referendum to incorporate the newly
adopted State of Florida ("State") law; and
WHEREAS, the Miami City Commission believes that State law supersedes a preamble section
found in County Resolution No. 276-10, adopted March 2, 2010, and urges the County to amend the
Transit Surtax Ordinance to be in accordance with the State law;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
• �.
Section 1. The Miami City Commission urges Miami -Dade County to amend the Transit Surtax
Ordinance to be in accordance with the newly adopted State law regarding on -demand transportation
services (CS/HB 1271).
Section 2. The City Clerk is directed to transmit a copy of this Resolution to Carlos Alvarez,
Miami -Dade County Mayor, George Burgess, Miami -Dade County Manager, and the members of the
Miami -Dade County Commission.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
City of Vianti Page I of 2 File 1d: 10-00890 (Version: 1) Printed On: 712112010
4
Fite Number., 10-00690
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{1} 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.
City of Miami Page 2 of 2 File Id. 10-00890 (Version: 1) Printed On: 712112010