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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-00569 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE THE INTERLOCAL
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE
COUNTY ("COUNTY"), A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA,
REPLACING THE INTERLOCAL AGREEMENT THAT WAS EXECUTED
PURSUANT TO RESOLUTION NO. 03-651, ADOPTED JUNE 12, 2003, TO
CONTINUE TO ALLOW THE CITY OF MIAMI ("CITY") TO RECEIVE ITS
PORTION OF MUNICIPAL SHARE FUNDS FROM THE CHARTER COUNTY
TRANSIT SYSTEM SURTAX FOR TRANSPORTATION AND TRANSIT
PROJECTS.
WHEREAS, pursuant to Resolution No. 03-651, adopted June 12, 2003, the City Commission
approved the first Interlocal Agreement ("ILA") for distribution of Charter County Transit System Surtax
("Surtax") Proceeds pursuant to Florida Statute 212.055 (also known as the one-half cent transit
surtax) levied by Miami -Dade County ("County"); and
WHEREAS, subsequent to the electoral passage of the Surtax on November 5, 2002, the County
entered into the ILA with the City of Miami ("City") for the distribution, use and reporting of Surtax
proceeds; and
WHEREAS, in order to receive Surtax distributions, the City must continue to provide the same
level of general fund support for transportation that was provided in its Fiscal Year 2001-2002 budget,
in subsequent fiscal years, and any Surtax proceeds received shall be applied to supplement, not
replace the City's general fund support for transportation; and
WHEREAS, in addition, the City must apply twenty (20) percent of Surtax proceeds received to
transit uses; and
WHEREAS, the second ILA addresses certain issues and concerns that have surfaced from both
the County and other municipalities since the inception of the People's Transportation Plan ("PTP")
and the Surtax; and
WHEREAS, the revisions include the following:
Section 2.1- Includes explicit language regarding Citizens' Independent Transportation Trust ("CITT")
approval of Agreement and adds a five year term to the ILA (the first ILA did not provide an expiration
date). The originating Surtax legislation does not contain a sunset clause. This section only refers to
the terms of the ILA.
Section 3- Institutes the requirement that information requested by the Office of the Citizens'
Independent Transportation Trust ("OCITT") shall be submitted on a quarterly basis, no more than 10
working days after the quarter end. This facilitates completion of the CITT's 90-day reporting
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File Number: 07-00569
requirement.
Section 4.2- Changes the date to receive documents from the eligible municipalities from June 1 to
November 1. This change allows the municipalities to provide a current year's adopted budget rather
than estimates on planned transit and transportation projects.
Section 5.1- Requires the provision of a certified report with a disclosure of surtax proceeds expended
followed by an independent audit report six (6) months after the fiscal year end. Allows for audits by
the CITT, the County Audit and Management Services, Office of the Commission Auditor and the
Miami -Dade County Inspector General or any agent of the County.
Section 5.2- Requires municipalities to cure audit findings.
Section 7.7- Requires municipalities to acknowledge projects funded in whole or in part by Surtax
proceeds with appropriate signage.
Section 7.8- Ensures that municipalities will provide access and treat all County residents equally with
respect to Surtax funded projects. The City has complied with this section since the first ILA.
Section 7.9- Incorporates requirements of County Ordinance 06-138 (amending County Ordinance
02-116 that establishes the CITT and describes the Surtax), approved by the Board of County
Commissioners on September 26, 2006. This ordinance ensures that all eligible municipalities do not
expend more than five (5) percent of its municipal share of Surtax proceeds on administrative costs,
exclusive of project management and oversight for projects funded by the Surtax. The City has
complied with this section since the first ILA.
Section 7.12- Delineates that the County Manager or his designee has the authority to distribute or
withhold funds in accordance with the second ILA.
Sections 10.1, 10.2 and 10.3- Prohibits the use of surtax proceeds for lobbying either the Legislature,
State agencies or the County. The City has complied with this section since the first ILA;
WHEREAS, it is recommended that the City Commission approve a second ILA to replace the first
ILA in order to continue to allow the City to receive and expend funds provided by the Surtax;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized{1} to execute the second Interlocal Agreement, in
substantially the attached form, with the County, a political subdivision of the State of Florida, replacing
the first ILA that was executed pursuant to Resolution No. 03-651, adopted June 12, 2003, to allow the
City to continue to receive its portion of municipal share funds from the Surtax to supplement, not
replace, the City's general fund support of transportation and transit projects.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
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File Number: 07-00569
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITAKATTORNEY
Footnotes:
{1} 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 City Charter and Code
provisions.
{2} 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.
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