HomeMy WebLinkAboutReso 2003-559
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RESOLUTION NO. 2003- ~
A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,
APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF
SUNNY ISLES BEACH AND MIAMI-DADE COUNTY, ATTACHED
HERETO AS EXHIBIT "A", FOR DISTRIBUTION OF CHARTER COUNTY
TRANSIT SYSTEM SURTAX PROCEEDS LEVIED BY MIAMI-DADE
COUNTY; PROVIDING AUTHORIZATION FOR THE MAYOR TO
EXECUTE THE INTERLOCAL AGREEMENT; PROVIDING THE CITY
MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY
TO EFFECTUA TE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Miami-Dade County adopted Ordinance No. 02-116 levying and imposing a
one half of one percent Charter County Transit System Surtax pursuant to Florida Statutes; and
WHEREAS, Miami-Dade County Ordinance No. 02-116 provides that a portion of Surtax
proceeds will be distributed annually to certain cities who meet specified conditions; and
WHEREAS, the City of Sunny Isles Beach meets those criteria and the City must certify to
the County, by June 1st of each year, that it is providing at least the same level of general fund
support for transportation as it did in its Fiscal Year 2001/2002 budget and that it is using the current
year's portion of the Municipal Share received in accordance with the Agreement, attached as
Exhibit "A"; and
WHEREAS, the City Commission has reviewed the proposed Interlocal Agreement with
Miami-Dade County for the Surtax proceeds embodying the terms set forth herein.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, THAT:
Section 1. Approval of lnterlocal Agreement. The Interlocal Agreement, between the City of
Sunny Isles Beach and Miami-Dade County, for distribution of Charter County Transit System
Surtax proceeds levied by Miami-Dade County, attached hereto as Exhibit "A", is hereby approved.
Section 2.
Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
other things necessary to effectuate this Resolution.
Section 4.
Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 19th day of June, 2003.
Page 1 of 2
R2003- Interloeal Agmt w/County reo' Distribution of Surtax Proceeds
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Vote: 5-0
Mayor Samson
Vice Mayor Edelcup
Commissioner Goodman
Commissioner Iglesias
Commissioner Kauffman
~Yes)
_(Yes)
I/{y es)
0.Yes)
---0Yes)
David Samson, Mayor
Moved by: Vl U vY\~oV" &~L C U.p
Seconded by: Comnl<~l()OUJ ~L~ S; ~S"
_(No)
_(No)
_(No)
_(No)
_(No)
Page 2 of2
R2003- Interlocal Agmt w/County re: Distribution of Surtax Proceeds
,f. .
INTERLOCAL AGREEMENT FOR DISTRIBUTION
OF CHARTER COUNTY TRANSIT SYSTEM
SURTAX PROCEEDS LEVIED BY MIAMI-DADE
COUNTY
This Interlocal Agreement ("Agreement") entered into this 2".: day of
d CLiv
I'
State of Florida ("County"), and
2003, by and between Miami-Dade County, a political subdivision of the
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corporatio,n located withiD. the geographic boundaries of Miami-Dade County, Florida
, a municipal
("City").
WHEREAS, County adopted Ordinance No. 02-1161evying and imposing a one
half of one percent Charter County Transit System Surtax ("Surtax") pursuant to the
authority of Sec. 212.055(1) Fla.Stats. (2002); and
WHERERAS, Ordinance No. 02-116 provides that a portion of Surtax proceeds
will be distributed annually to certain cities who meet specified conditions; and
WHEREAS, County and City wish to provide for distribution of Surtax proceeds
to City on the terms and conditions provided below
NOW THEREFORE in consideration of $e mutual covenants expressed herein,
and other good and valuable consideration, the sufficiency of which the parties J:1~eby
acknowledge, County and City agree as follows:
1. Net Proceeds shall mean the portion of Surtax proceeds collected by the
Florida Department of Revenue ("DOR") that is actually distributed to County by DOR.
2. County shall distribute twenty percent ofN et Proceeds ("Municipal
, ,
Share") to those cities existing as of November 5,2002, that continue to meet the
conditions specified in Sec.29-124(f)(i) and (ii) of the Code of Miami-Dade County,
Florida ("Eligible Cities").
3. The Municipal Share shall be distributed among the Eligible Cities on a
pro rata basis based upon the ratio each Eligible City's population bears to the total
population in all Eligible Cities, as adjusted annually in accordance with the Estimates of
Population pr~pared by the Bureau of Economic and Business Research of the University
of Florida. For purposes of the foregoing, whenever an annexation occurs in any Eligible
City, the number of persons residing in such annexed area at the time it is annexed shall
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.
4. City shall apply all of the portion of the Municipal Share that City receives
to supplement, not replace, City's general fund support for transportation. City shall only
expend the portion of the Municipal Share that City receives for the transportation and
transit purposes specified in Sec. 212.055(1)(d)1-3 Fla. Stats (2002), as same may be
amended from time to time.
5. City shall, on an annual basis, apply 20% of the portion of the Municipal
Share that it receives to 1J:ansit uses in the nature of circulator buses, bus shelters, bus
'pullout bays or other transit-related infrastructure. If City cannot apply 20% of the
portion of the Municipal Share it receives as provided in the preceding sentence, City
may contract with County for County to apply such portion on a County project that
enhances traffic mobility within the City and immediately adjacent areas. If City cannot
2
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expend the 20% of the portion of the Municipal Share it receives in accordance with
either of the two preceding sentences, then such portion shall carry over and be added to
the Municipal Share to be distributed amongst the Eligible Cities in the ensuing year and
such carried over portion shall be utilized by the Eligible Cities solely for the transit uses
enumerated in this paragraph.
6. Net Proceeds distributed to cities incorporated after November 5,2002,
shall not reduce or affect the Municipal Share as defined herein for Eligible Cities.
7. By June 1 st of each year, City shall, in order to be eligible to receive a
portion of the Municipal Share for the ensuing year, certify to County that: i) for the
current fiscal year it is providing at least the same level of general fund support for
transportation that City provided in City's FY 2001-2002 budget; and ii) it is using the
current year's portion of the Municipal Share received in accordance with this
Agreement. Such certification shall include a certified copy of City's budget for the
current fiscal year, together with a list of the projects (including ongoing or completed
projects that a city is paying debt service on borrowed funds) on which the current year's
portion of the Municipal Share received is being expended. If City fails to meet the
certification requirement~, after being given a reasonable opportunity to correct any
deficiences, the amount equal to ~e pro rata portion of the Municipal ,Share City is to
receive in the ensuing year shall not be distributed to City and shall be distributed among
the remaining Eligible Cities.
8. City agrees that the Citizens' Independent Transportation Trust ("CITT")
shall have the power to monitor, oversee, review, audit and investigate the City's
implementation of any project funded in whole or in part with the portion of the
3
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Municipal Share received by City. City shall not have to obtain prior approval of the
CITT to select the transportation and transit proj ects on which City will expend City's the
portion of the Municipal Share that is distributed to City nor of to award contracts
therefor. City further agrees that County may, at County's discretion, audit the funds
received under this Agreement to assure such funds are utilized in accordance with State
Law, Ordinance No. 02-116 and this Agreement. The rights of the CITT and County
under this paragraph shall survive any termination of this Agreement.
9. This Agreement shall remain in effect from year to year for so long as
County receives Net Proceeds.
10. Notices to City under this Agreement shall be in writing sent by U.S. Mail
addressed to:
Notices to County under this Agreement shall be in writing sent by U.S.
Mail addressed to:
County Manager
Stephen P. Clark Center
(11 N.W. 15t Street
29th Floor
Miami, Florida 33128.
IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to
executed on their behalf as of the date first stated above:
MIAMI-DADE COUNTY, FLORIDA
4
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IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to
executed on their behalf as of the date first stated above:
MIAMI-DADE COUNTY
a political subdivision of the State of
Florida
By:
By:
City ofSAPJJJ'l WS&~""
Executed under authority of a
City Resolution No. 2fXl3- 55 -,
ATTEST:
CITY OF~municipal
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(Date)
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By:
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03 - 119
dNNY •544. �' Sunny Beach Cit of Isles City CommissionCitya S.
Samson,Mayer
O SC 17070 Collins Avenue,Suite 250 Norman Edam},Vice Mayor
v Gerry Goodman,CommissionerCommissionerSunny Isles Beach,Florida 33160 Danny Iglesias,Commissioner
(305) 947-0606 City Hall Lila Kaunmm,Commissioner
(305) 949-3113 Fax
eaChristopher J.Russo,City Manager
?.rr'r.r lon‘9 tr 1305 947-2150 Building Department Lynn ht Daooheiner,City Attorney
Or sus •
°4 (305) 947-5107 Fax Jane Maes,Adang City Clerk
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Christopher J. Russo,City Manager C a
DATE: June 19, 2003
RE: SURTAX PROCEEDS INTERLOCAL AGREEMENT
RECOMMENDATION
It is recommended that the City Commission approve the attached resolution entering into an
Interlocal Agreement with Miami-Dade County for the distribution of Charter County Transit
System Surtax Proceeds.
REASONS
Miami-Dade County adopted Ordinance No. 02-116 levying and imposing a one half of one
percent Charter County Transit Systems Surtax pursuant to Florida Statutes. This ordinance
provides that a portion of the Surtax Proceeds will be distributed annually to certain cities that
meet specified conditions. The City of Sunny Isles Beach meets those criteria.
ADDITIONAL INFORMATION
In order to be eligible for a share of these monies, the City must certify to the County,by June i5'
of each year, that it is providing at least the same level of general fund support for transportation
as it did in its Fiscal Year 2001-2002 budget and that it is using the current year's portion of the
Municipal Share received in accordance with the agreement.
The intent of this funding is to supplement, not replace, the City's general fund support for
transportation, and Surtax Proceeds can only be used for transportation and transit purposes, as
specified in State Statutes. Permissible transit uses include circulator buses, bus shelters, bus
pullout bays or other transit-related infrastructure.
CJR/pw
Agenda Item
Surtax Proceeds Interlocal Agenda Memo Date