R-1189-10 RESOLUTION NO. 1189-10
A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL,
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.
WHEREAS, in 2002, Miami-Dade County voters approved the People's Transportation Plan
("PTP") 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
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"); 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 ("CITT")
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.
NOW,THEREFORE, BE IT RESOLVED by the Miami Shores Village Council that:
Section 1. The Council 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 Village 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 ON THIS 21st day of September, 2010.
ATTEST:
f a
AID vis, Mayor
Barbara A. Estep, MMC
Village Clerk I
APPROVED AS TO FORM:
U"s4t�_
Richard Sarafan
Village Attorney