Res No 269-10-13303RESOLUTION NO. 269 -1 0 -1 3303
A Resolution of the Mayor and City Commission of the City of South Miami,
Florida, expressing support for the cities of Miami Gardens, Doral, and Cutler Bay,
and urging the Miami -Dade County Board of County Commissioners to provide
these three cities with their rightful share of People's Transportation Plan Surtax
funding from the county's 80% share of the surtax, as originally negotiated in good
faith and agreed to by Miami -Dade in 2002, and currently required by Miami -Dade
County Ordinance No. 02 -116; and provided for an effective date.
WHEREAS, in 2002, Miami -Dade County voters approved the People's Transportation Plan
CTTP) and a half -cent sales tax surtax to be used for the enhancement of transit and transportation in
Miami -Dade County; and
WHEREAS, because previous efforts to implement such a tax had been defeated by the voters,
then -Mayor Alex Penelas worked in good faith with municipal leaders to develop a revenue - sharing
concept that could be supported by the existing cities in Miami -Dade County; and
WHEREAS, without support from the municipal leadership in Miami -Dade County, the ballot
question most likely would have failed; and
WHEREAS, the agreed upon proposal provided that 20% of the revenue generated by the half -
cent sales tax would be distributed to the cities in existence at the time the tax was approved; and
WHEREAS, on July 9, 2002, the Miami -Dade County Board of County Commissioners (BCC)
adopted Ordinance No. 02 -116, which expressly states that 20% of the half -cent sales tax proceeds must
be distributed solely among the existing cities; and
WHEREAS, Ordinance No. 02 -116 specifically states that newly incorporated municipalities will
have the right to negotiate with the County for their pro rata share of the sales surtax from the County's
80% portion, and that providing funding to new Cities would not affect the 20% share provided to
municipalities that existed at the time the question was approved by the voters; and
. WHEREAS, since 2002, three incorporations have been permitted in Miami -Dade County:
Miami Gardens, Doral, and Cutler Bay; and
WHEREAS, municipalities currently receiving the surtax have consistently expressed support for
these three new cities to receive funding as provided for by Miami -Dade County in Ordinance No. 02-
116; and
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Res. No. 269 -10 -13303
WHEREAS, House Bill 1205 was approved during the 2009 Florida legislative session,
requiring Miami -Dade County to renegotiate the interlocal agreements for distribution of the surtax
proceeds every five years to include any new municipalities; and
WHEREAS, House Bill 1205 does not specify how the surtax revenues for new municipalities
are to be funded; and
WHEREAS, a working group was convened earlier this year by Miami -Dade County with
representatives of municipalities and the County to discuss this issue, which group met on at least three
occasions and discussed options proffered by the County; and
WHEREAS, the working group did not agree on a solution, only that further discussion should
continue; and
WHEREAS, on July 19, 20101, County Manager George Burgess issued a memorandum to the
Board of County Commissioners (BCC) informing the BCC that he had directed staff to prepare
legislation for their consideration that "embraces a hold- harmless model" (the "hold - harmless option/1);
and
WHEREAS, the hold - harmless option proposes to provide PTP revenues to the new cities with
the growth in PTP revenue that is expected in the coming years as the economy recovers; and
WHEREAS, the 5 -year impact to Miami Shores Village is estimated by the Citizen's
Independent Transportation Trust to be between $88,660 and $222,750 under the hold - harmless option;
and
WHEREAS, on July 29, 2010, the Citizen's Independent Transportation Trust ( "c /1T ") approved
two resolutions, the first supporting an amendment to Ordinance No. 02 -116 to provide for the funding of
new municipalities through the implementation of the hold - harmless option and the easing of the
municipal maintenance of effort requirement, and the second, urging the BCC to fund the new
municipalities from a county source other than the 20% municipal share until new funding sources are
identified or Ordinance No. 02 -116 is amended; and
WHEREAS, on August 24, 2010, the city commissions of the cities of Coral Gables and Hialeah
approved resolutions to initiate a conflict resolution procedure against Miami -Dade County pursuant to
Section 164.1052 of the Florida Statutes regarding this "hold - harmless option'; and
WHEREAS, the Miami Shores Village Council opposes the "hold - harmless" option but rather
supports a plan whereby the new cities of Miami Gardens. Doral, and Cutler Bay are provided their
rightful share of PTP surtax funding as provided for in Miami -Dade County Ordinance No. 02 -116.
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Res. No. 269 -10 -13303
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Commission of the City of
South Miami, Florida, that:
Section 1. The City Commission expresses support for the cities of Miami Gardens, Doral, and
Cutler Bay to receive their rightful share of PTP surtax funds as provided in Miami -Dade County
Ordinance No. 02 -116, and urge Miami -Dade County to provide these three cities with their rightful share
of PTP surtax funding from the County's 80% share of the surtax, as originally negotiated in good faith
and agreed to by Miami -Dade County in 2002, and as currently required by Miami -Dade County
Ordinance No. 02 -116.
Section 2. The City Clerk is hereby directed to provide a copy of this resolution to the Board of
County Commissioners, the office of the County Manager, and representatives of the previously
convened working group.
Section 3. This resolution is effective immediately upon its adoption.
PASSED AND ADOPTED THIS 7 DAY OF December2010.
ATTEST: APPROVED:
aqjMAYOR
READ AND APPROVED AS TO FORM
AND SUFFICIENCY :
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COMMISSION VOTE:
4 -0
Mayor Stoddard:
Yea
Vice Mayor Newman:
Yea
Commissioner Palmer:
absent
Commissioner Beasley:
Yea
Commissioner Harris:
Yea