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City of Miami
Text File Report
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 07-00569
Enactment #: R-07-0272
Version: I
Type: Resolution
Introduced: 4/20/07
Status: Passed
Enactment Date: 5/10/07
Controlling Body: Office of the City
Clerk
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 CCITT") 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 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
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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 lnterlocal 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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