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2l02/10/10 13:41 FAX 3053751262 COUNTY MANAGER 0]001 wil Carlos Alvarez, Mayor February 1, 2010 Roger Carlton City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 Dear Mr. Carlton, County Executive Office County Manager ill NW 1st Street - Suite 2910 Miami, Florida 33128.1994 T 305 - 375 -5311 F 305- 375 -1262 miamidade.gov As Miami -Dade County prepares to move forward in our partnerships with municipalities related to the People's Transportation Plan, we must amend the existing ordinance regarding sharing of the Charter County Transit System Surtax to have it conform with state law. We are eager to take this opportunity to hold a thoughtful conversation on how these funds are used and how we can enhance our partnerships to serve the entire community's transportation needs. The County has an obligation to maintain a regional transit system, even in the face of the current recession and its unprecedented impact to revenues. Our municipalities, too, are eager to maximize service to their residents. And, of course, we all want to make sure the program is handled in a way that is fair to all stakeholders. To that end, 1 want to invite you to a meeting at the Beacon Council, 80 SW 8U1 Street, Suite 2400, at 3 p.m. on Tuesday, February 16 to begin this dialogue. This meeting will give us a chance to explain and discuss a proposed ordinance that I expect will go before the Board of County Commissioners on February 16. A draft of that ordinance is enclosed for your review. This proposed ordinance does not revise the current funding formula; it only acknowledges that state law changes provide us with an opportunity to refresh our thinking, and it sets the stage for more comprehensive discussions this spring. Meeting now allows us to work collaboratively from the very start. There are great opportunities ahead for serving all our constituents. I look forward to seeing you on February 16. 02/10/10 13:41 FAX 9053751262 COUNTY MANAGER Approved , Mnvor Veto Override ORDINANCE NO. ORDINANCE AMENDING COUNTY, FLORIDA, RELATI OF CHARTER COUNTY MUNICIPALITIES WITHIN PROVIDING SEVERABILITY, AND AN EFFECTIVE DATE Agenda Item No. CODE OF MIAMI -DADE NG TO THE DISTRIBUTION SURTAX FUNDS TO MIAMI -DADE COUNTY; INCLUSION IN T14E CODE, BE IT ORDAINED BY THE BOARD OF COUN'T'Y COMMISSIONIERS OF MIAMI -DADE COUNTY, FLORIDA: Section 1. Section 29 -124 of the Code of Miami -Dade County, Florida, is hereby amended to read as follows:) See. 29 -124. Special fund created; uses of surtax proceeds; and role of Citizens' Independent Transportation Trust. The surtax proceeds collected by the State and distributed hereunder shall be deposited in a special fund set aside from other County finds in the custody of the Finance Director of the County. Moneys in the special fund shall be expended for the transportation and transit projects (including operation and maintenance thereof) set forth in Exhibit 1 to this article (including those projects referenced in the ballot question presented to the electors to approve this levy), subject to any amendments thereto made in accordance with the MPO process or made in accordance with the procedures specified in subsection (d) of this Section. Words stricken through and /or [[double bracketed]] shall be deleted. Words underscored and /or »double arrowed << constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged. 02/10/10 19:41 FAX 9059751262 COUNTY MANAGER e 009 Agenda Item No. Page 2 Expenditure of surtax proceeds shall be subject to the following limitations: (a) Surtax proceeds shall be applied to expand the Golden Passport Program to all persons (regardless of income level who are over the age of 65 or arc drawing Social Security benefits, and to provide fare -free public transportation service on Metromover, including extensions. (b) Surtax proceeds may only be expended for the transportation and transit purposes specified in Section 212.055(I)(d)I— [3] >>4 {< Fla. Stats. (2001). (c) The County shall not expend more than five percent of the County's share of surtax proceeds on administrative costs, exclusive of project management and oversight for projects tended by the surtax. (d) The County Commission shall not delete or materially change any County project contained in the list attached as Exhibit I to this article nor add any project to the list except in accordance with the procedures set forth in this subsection (d). A proposed deletion, material change or addition of a County project shall be initially reviewed by the Citizens' Independent Transportation Trust ( "Trust "), which shall forward a recommendation thereon to the County Conunission. The County Conunission may either accept or reject the Trust's recommendation. if the County Commission rejects the recommendation, the matter shall be referred back to the Trust for its reconsideration and issuance of a reconsidered recommendation to the County Commission. The County Commission may approve, change or reject the Trust's reconsidered recommendation. A two- thirds vote of the Commission membership shall be required to take action other than as contained in the reconsidered recommendation of the Trust. The foregoing notwithstanding, the list of County projects contained in Exhibit 1 may be changed as a result of the MPO process as mandated by federal and state law. 02/10/10 13:42 FAX 3053751262 COUNTY MANAGER Agenda Item No. Page 3 (e) No surtax proceeds may be used to pay the costs of a contract awarded by action of the County Commission until such action has become final (either by expiration of ten days after such action without veto by the Mayor, or by Commnission override of a veto) and either: i) the Trust has approved same; or, ii) in response to the Trust's disapproval, the County Commission re- affinns its award by two - thirds (2/3) vote of the Commission's membership. The bid documents for all Comity contracts funded in whole or in part with surtax proceeds shall provide that no award shall be effective and no contractual relationship shall arise with the County unless and until approved by the Trust or re- affirmed by the County Commission as provided in this subsection. The foregoing notwithstanding, awards of contracts for services in support of the administration of the Trust or in support of the Trust's oversight function shall not require County Commission or Trust approval, so long as the individual contract amount does not exceed one thousand dollars ($ 1,000). (f) On a quarterly basis, the Executive Director of the CITT shall submit a written report to the Commission, the Mayor and the Manager of all expenditures made pursuant to Section 29 -124 herein. (g) Twenty percent of surtax proceeds shall be distributed annually to those cities [[ NAvomber 5, 2002_]] >>within Miami -Dade County<< that meet the following conditions: (i) >>Municipalities incorporated as of November 5, 2002,« that continue to provide the same level of general fund support for transportation that is in their FY 2001 -2002 budget in subsequent Fiscal Years. >>Municipalities incorporated after November S 2002 but prior to the effective date of this ordinance that continue to provide the same level of j4eneral fund support for transportation that is in their reset for the fiscal year immediately prior to the receipt of surtax funds. Municipalities ra= 0'2/10/10 19:42 FAX 9055751262 COUNTY MANAGER Z005 Agenda Item No. Page 4 incorporated after the effective date of this ordinance that continue to provide the same level of general fund support for transportation equivalent to the pro -rata mean of general fund support for transportation provided by all other municipalities in Miami -Dade County for the fiscal year preceding incornoration.-< Any surtax proceeds received shall be applied to supplement, not replace a city's general fund support for transportation; (ii) That apply 20 percent of any surtax proceeds received to transit uses in the nature of circulator buses, bus shelters, bus pullout bays or other transit - related infrastructure. Any city that cannot apply tI1e 20 percent portion of surtax proceeds it receives as provided in the preceding sentence, may contract with the County for the County to apply such proceeds on a County project that enhances traffic mobility within that city and 'immediately adjacent areas. If the city cannot expend such proceeds in accordance with either of the preceding sentences, then such proceeds shall carry over and be added to the overall portion of surtax proceeds to be distributed to the cities in the ensuing year and shall be utilized solely for the transit uses enumerated in this subsection (ii); and (iii) Surtax proceeds distributed amongst the [[existing)] cities shall be distributed on a pro rata basis based on the ratio such city's population bears to the total population in all such cities (as adjusted annually in accordance with the Estimates of Population prepared by the Bureau of Economic and Business Research of the University of Florida) annually to those cities that continue to meet the foregoing conditions. For purposes of the foregoing, whenever an annexation occurs in >>a« [[qtr - existing]) city, the number of persons residing in such annexed area at the time it is annexed shall 02/10/10 13:42 FAX 3053751262 COUNTY MANAGER Agenda Item No. Page 5 be excluded from all calculations. increases in population in areas annexed Over and above the population in such area at the time of annexation which occur after annexation shall be included in subsequent years' calculations. (iv) That do not expend more than 5% of its municipal share of surtax proceeds on administrative costs, exclusive of project management and oversight for projects funded by the surtax. Administrative costs shall be defined as overhead expenses which are not readily attributable to any one particular project funded in whole or in part by transit surtax funds. - p _e o c ae - Z e »(1h) Notwithstanding any other provision to the contrary, surtax proceeds shall be distributed to municipalities upon execution of an interlocal agreement(s) to be revised no less than every five (5) years in accordance with Fl. Stat. 212.055 as amended. In determining the amounts to be distributed to municipalities said interlocal agreements shall consider County transit and/or transportation Projects planned within both municipal and unincorporated Miami -Dade County. Such consideration may affect_ ect the total disbursements to municipal ities.<< ra= Section 3. If any section, subsection, sentence, clause or provision of this ordinance 0 2 /iO /10 13:42 FAX 3053751262 COUNTY MANAGER 2007 Agenda Item No. Page G is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 4. It is the intention of the Board of county Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami -Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word 'ordinance" may be changed to "section," "article," or other appropriate word. Section 5. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. Approved by County Attorney as to form and legal sufficiency: Prepared by: Bruce Libhaber