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RESOLUTION NO.
3 A Resolution of the Mayor and City Commission of the City of South Miami,
4 Florida, expressing support for the cities of Miami Gardens, Doral, and Cutler Bay,
5 and urging the Miami -Dade County Board of County Commissioners to provide
6 these three cities with their rightful share of People's Transportation Plan Surtax
7 funding from the county's 80% share of the surtax, as originally negotiated in good
8 faith and agreed to by Miami -Dade in 2002, and currently required by Miami -Dade
9 County Ordinance No. 02 -116; and provided for an effective date.
10 WHEREAS, in 2002, Miami -Dade County voters approved the People's Transportation Plan
11 CPTP') and a half -c +r sales tax surtax to be used for the enhancement of transit and transportation in
12 Miami -Dade County; and
13 WHEREAS, because previous efforts to implement such a tax had been defeated by the voters,
14 then -Mayor Alex Penelas worked in good faith with municipal leaders to develop a revenue - sharing
15 concept that could be supported by the existing cities in Miami -Dade County; and
16 WHEREAS, without support from the municipal leadership in Miami -Dade County, the ballot
17 question most likely would have failed; and
18 WHEREAS, the agreed upon proposal provided that 20% of the revenue generated by the half -
19 cent sales tax would be distributed to the cities in existence at the time the tax was approved; and
20 WHEREAS, on July 9, 2002, the Miami -Dade County Board of County Commissioners (BCC)
21 adopted Ordinance No. 02 -116, which expressly states that 20% of the half -cent sales tax proceeds must
22 be distributed solely among the existing cities; and
23 WHEREAS, Ordinance No. 02 -116 specifically states that newly incorporated municipalities will
24 have the right to negotiate with the County for their pro rata share of the sales surtax from the County's
25 80% portion, and that providing funding to new Cities would not affect the 20% share provided to
26 municipalities that existed at the time the question was approved by the voters; and
27 WHEREAS, since 2002, three incorporations have been permitted in Miami -Dade County:
28 Miami Gardens, Doral, and Cutler Bay; and
29 WHEREAS, municipalities currently receiving the surtax have consistently expressed support for
30 these three new cities to receive funding as provided for by Miami -Dade County in Ordinance No. 02-
31 116; and
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I WHEREAS, House Bill 1205 was approved during the 2009 Florida legislative session,
2 requiring Miami -Dade County to renegotiate the interlocal agreements for distribution of the surtax
3 proceeds every five years to include any new municipalities; and
4 WHEREAS, House Bill 1205 does not specify how the surtax revenues for new municipalities
5 are to be funded; and
6 WHEREAS, a working group was convened earlier this year by Miami -Dade County with
7 representatives of municipalities and the County to discuss this issue, which group met on at least three
8 occasions and discussed options proffered by the County; and
9 WHEREAS, the working group did not agree on a solution, only that further discussion should
10 continue; and
11 WHEREAS, on July 19, 20101, County Manager George Burgess issued a memorandum to the
12 Board of County Commissioners (BCC) informing the BCC that he had directed staff to prepare
13 legislation for their consideration that "embraces a hold - barmless model" (the "hold - harmless option /1);
14 and
15 WHEREAS, the hold- harmless option proposes to provide PTP revenues to the new cities with
16 the growth in PTP revenue that is expected in the coming years as the economy recovers; and
17 WHEREAS, the 5 -year impact to Miami Shores Village is estimated by the Citizen's
18 Independent Transportation Trust to be between $88,660 and $222,750 under the hold - harmless option;
19 and
20 WHEREAS, on July 29, 2010, the Citizen's Independent Transportation Trust ( "c/IT ") approved
21 two resolutions, the first supporting an amendment to Ordinance No. 02 -116 to provide for the funding of
22 new municipalities through the implementation of the hold - harmless option and the easing of the
23 municipal maintenance of effort requirement, and the second, urging the BCC to fund the new
24 municipalities from a county source other than the 20% municipal share until new funding sources are
25 identified or Ordinance No. 02 -116 is amended; and
26 WHEREAS, on August 24, 2010, the city commissions of the cities of Coral Gables and Hialeah
27 approved resolutions to initiate a conflict resolution procedure against Miami -Dade County pursuant to
28 Section 164.1052 of the Florida Statutes regarding this "hold-harmless option "; and
29 WHEREAS, the Miami Shores Village Council opposes the "hold- barmless" option but rather
30 supports a plan whereby the new cities of Miami Gardens. Doral, and Cutler Bay are provided their
31 rightful share of PTP surtax funding as provided for in Miami -Dade County Ordinance No. 02 -116.
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1 NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Commission of the City of
2 South Miami, Florida, that:
3 Section 1. The City Commission expresses support for the cities of Miami Gardens, Dora], and
4 Cutler Bay to receive their rightful share of PTP surtax funds as provided in Miami -Dade County
5 Ordinance No. 02 -116, and urge Miami -Dade County to provide these three cities with their rightful share
6 of PTP surtax funding from the County's 80% share of the surtax, as originally negotiated in good faith
7 and agreed to by Miami -Dade County in 2002, and as currently required by Miami -Dade County
8 Ordinance No. 02 -116.
9 Section 2. The City Clerk is hereby directed to provide a copy of this resolution to the Board of
10 County Commissioners, the office of the County Manager, and representatives of the previously
i l convened working group.
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Section 3. This resolution is effective immediately upon its adoption.
PASSED AND ADOPTED THIS DAY OF 2010.
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM
AND SUFFICIENCY :
CITY ATTORNEY
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MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris: