HomeMy WebLinkAboutLEGISLATION��nofi? City of Miami
z
?�b., btiTLb Legislation
Resolution
File Number: 10-01073
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION INITIATING CONFLICT
RESOLUTION PROCEDURES PROVIDED BY CHAPTER 164, FLORIDA
STATUTES, PRIOR TO INITIATING LITIGATION AGAINST MIAMI-DADE
COUNTY, FLORIDA, IN CONNECTION WITH THE EXISTING CITIES' TWENTY
PERCENT (20%) SHARE OF THE TRANSIT SYSTEM SURTAX, AS STATED
HEREIN.
WHEREAS, in 2002, the voters approved a People's Transportation Plan which called for a
half -penny sales tax increase for public transit and funding for municipal road and transportation
projects; and
WHEREAS, in anticipation of the referendum, the Miami -Dade County Commissioners adopted
Ordinance No. 02-116, amending the Miami -Dade County ("County") which provided for twenty
percent (20%) of the revenue generated from the sales tax increase to be paid to municipalities
existing at the time of the referendum, November 5, 2002 ("Existing Cities"), and that new cities would
be paid out of the County's eighty percent (80%) share, since the new cities would be carved out of the
unincorporated areas serviced by the County at that time; and
WHEREAS, the County Manager is proposing a "hold harmless plan" that will reduce the Existing
Cities' share by providing County funding for new cities from growth in surtax revenue and that after
funding reaches $5.3 million, then the new cities will be funded out of the twenty percent (20%)
Existing Cities' share, a radical departure from the 2002 voter -approved plan; and
WHEREAS, the City of Miami ("City") strongly opposes any change in the distribution formula from
the proceeds of the half -penny transit sales tax, which forms the basis of this dispute between the City
and the County; and
WHEREAS, the Florida Governmental Conflict Resolution Act ("Act"), Chapter 164, Florida
Statutes, and in particular, Section 164.1052, Florida Statutes, requires the City Commission to adopt
a resolution stating its intention to initiate the conflict resolution procedures provided by the Act against
the County prior to initiating court proceedings; and
WHEREAS, Section 164.1052, Florida Statutes, further provides for certain notice provisions to the
County in order to provide the County with the opportunity to resolve the matter with the City prior to
initiating litigation;
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 the Resolution are adopted by
reference and incorporated herein as if fully set forth in this Section.
City of Miami Page 1 of 2 File Id: 10-01073 (Version: 1) Printed On: 9/3/2010
File Number: 10-01073
Section 2. The City Commission hereby instructs the City Attorney to send written correspondence
to the County Attorney initiating the conflict resolution procedures pursuant to Chapter 164, Florida
Statutes, prior to initiating court proceedings.
Section 3. The City intends to collect all transit system surtax revenues due from the County and
hereby complies with Florida law before instituting suit against the County in County Circuit Court.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU �
CITY ATTORN
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 effect
immediately upon the override of the veto by the City Commission.
Cite of Miami Page 2 of 2 File Id: 10-01073 (Version: 1) Printed On: 913/2010