2008-26936 ResoRESOLUTION NO. 2008-26936
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
APPROPRIATION OF $132,766 FROM FISCAL YEAR (FY) 2006-07
PEOPLE'S TRANSPORTATION PLAN (PTP) FUNDS FOR
ADMINISTRATIVE AND TECHNICAL OPERATING EXPENDITURES IN
FY 2007-08 AND $144,711 FROM FY 2007-08 PTP FUNDS FOR
ADMINISTRATIVE AND TECHNICAL OPERATING EXPENDITURES IN
FY 2008-09, AS PART OF THE 5% OF ADMINISTRATIVE
ASSISTANCE ALLOWABLE FOR PTP EXPENDITURES AND AS PART
OF THE 4% OF TECHNICAL ASSISTANCE ALLOWABLE FOR PTP
EXPENDITURES PURSUANT TO MIAMI-DADE COUNTY ORDINANCE
02-116.
WHEREAS, on November 5, 2002, the Miami-Dade County voters approved the
levying of a one half of one percent discretionary surtax on all transactions occurring in
Miami-Dade County, which transactions are subject to the state tax imposed on sales;
and
WHEREAS, the proceeds of such surtax are to benefit qualified transportation
and transit projects Countywide; and
WHEREAS, the Ordinance creating the half-percent transportation surtax calls
for 20 percent of the surtax proceeds to be distributed directly to municipalities on a pro
rata basis for use on local transportation and transit projects; and
WHEREAS, pursuant to Miami-Dade County Ordinance 02-116, 5% of PTP
funds received may be appropriated for administrative assistance and 4% for technical
assistance; and
WHEREAS, the Transportation Division employs positions whose job
responsibilities would qualify as administrative and technical assistance and a
percentage of their salaries can be paid with PTP funds; and
WHEREAS, the Administration would recommend that the Mayor and City
Commission approve the appropriation of FY 06-07 PTP Funds in the amount of
$132,766 for administrative and technical operating expenditures and FY 07-Q8 PTP
Funds in the amount of $144,711 for administrative and technical op rating
expenditures.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor an City
Commission hereby authorize the appropriation of $132,766 from Fiscal Yea (FY)
2006-07 People's Transportation Plan (PTP) Funds for administrative and technical
operating expenditures in FY 2007-08 and $144,711 from FY 2007-08 PTP Funs for
administrative and technical operating expenditures in FY 2008-09, as part of the % of
administrative assistance allowable for PTP expenditures and as part of the 4% of
technical assistance allowable for PTP expenditures pursuant to Miami-Dade County
Ordinance 02-116.
2008-26936
PASSED AND ADOPTED this 5th day ofNovemberi2008.
ATTEST:
f ~' ~ C~ AY R
9 Matti Herrera Bower
CITY CLERK
Robert Parcher
T:WGENDA\2008\November 5\Consent\PTP Admin and Tech 08-09 Reso.doc
APPROVED AS TO
FORM & LANGUAGE
8~ FOR UTION
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COMMISSION ITEM SUMMARY
(_nnrleancarl TitlP~
A Resolution authorizing the appropriation of $132,766 from Fiscal Year (FY) 2006-07 People's
Transportation Plan (PTP) Funds for administrative and technical operating expenditures in FY 2007-08
and $144,711 from FY 2007-08 PTP Funds for administrative and technical operating expenditures in FY
2008-09, as part of the 5% of administrative assistance allowable for PTP expenditures and as part of the
4% of technical assistance allowable for PTP expenditures pursuant toMiami-Dade County Ordinance 02-
116.
Ke Intended Outcome Su orted:
Im rove or maintain traffic flow.
Supporting Data (Surveys, Environmental Scan, etc.):
Traffic appears as one of the most important areas affecting residents quality of life; 37% of residents
rated traffic flow as poor; traffic is ranked #2 by residents as one of the changes that will make Miami
Beach a better place to live; traffic flow where you drive in Miami Beach is a key driver for recommending
Miami Beach as a lace to live.
Issue:
Shall the Ma or and Ci Commission a rove the Resolution?
Item Summary/Recommendation:
Pursuant to Miami-Dade County Ordinance 02-116, 5% of PTP funds received may be appropriated for
administrative assistance and 4% for technical assistance. Administrative and technical operating
expenditures to be paid for with PTP funding for the City's FY 2007-08 and FY 2008-09 are recommended
as follows:
FY 2007-08 Total: $132,766
Salaries: $80,651
Professional Services:
162h Street and Alton Road Bike Lane Study $2,635
Traffic Impact Study Reviews $22,616
4152 Street Crosswalk Engineering Plans $9,710
Corradino $5,185
Bicycle Facilities Standards Manual $11,969
Total: $52,115
FY 2008-09 Total: $144,711
Salaries: $97,135
Professional Services:
Traffic Impact Study Reviews $20,000
Traffic Engineering Studies $27,576
Total: $47,576
The Administration recommends ado tin the Resolution.
Adviso Board Recommendation:
N/A
Financial Information:
Source of Amount Account
Funds: 1 $132,766 187.8000.312910(PTP Revenue) FY 2006-07
Q 2 $144,711 187.8000.312910(PTP Revenue) FY 2007-08
OBPI 3
Total $277,477
Financial Im act Summa : N/A
Ci Clerk's Office Le islative Trackin
Fernando Vazquez, ext. 6399
Si n-Offs:
De artmen it or Assistan Mana er Ci Mana e
FHB M JMG
f: WGENDA\2008\November 5\Consent\PTP Admin antl Tech OS-09 5 ary.
AGE1V A ITEM
DATE /~' '~
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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachH,gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the C~Commission
FROM: City Manager Jorge M. Gonzalez
DATE: November 5, 2008
SUBJECT: A RESOLUTION OF THE MAYOR~"AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION OF
$132,766 FROM FISCAL YEAR (FY) 2006-07 PEOPLE'S
TRANSPORTATION PLAN (PTP) FUNDS FOR ADMINISTRATIVE AND
TECHNICAL OPERATING EXPENDITURES IN FY 2007-08 AND $144,711
FROM FY 2007-08 PTP FUNDS FOR ADMINISTRATIVE AND TECHNICAL
OPERATING EXPENDITURES IN FY 2008-09, AS PART OF THE 5% OF
ADMINISTRATIVE ASSISTANCE ALLOWABLE FOR PTP EXPENDITURES
AND AS PART OF THE 4% OF TECHNICAL ASSISTANCE ALLOWABLE
FOR PTP EXPENDITURES PURSUANT TO MIAMI-DADE COUNTY
ORDINANCE 02-116.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
FY 06-07 PTP Funds in the amount of $132,766 and FY 07-08 PTP Funds in the amount of
$144,711. The appropriations will offset General Fund expenditures and have already been
accounted for in the respective Adopted Budgets; however they require approval through a
Resolution by the City Commission.
ANALYSIS
On November 5, 2002, the Miami-Dade County voters approved the levying of a one half of one
percent discretionary surtax on all transactions occurring in Miami-Dade County, which
transactions are subject to the state tax imposed on sales. The proceeds of such surtax are to
benefit qualified transportation and transit projects Countywide. Surtax collection began
January 1, 2003.
Miami-Dade County Ordinance 02-116 creating the half-percent transportation surtax calls for
20 percent of the surtax proceeds to be distributed directly to municipalities on a pro rata basis
for use on local transportation and transit projects. Municipalities must apply at least 20 percent
of their share of surtax proceeds toward transit uses and must submit their transportation plans
to the County according to established deadlines. Florida Statute 212, Title XIV defines the
purposes for which surtax proceeds may be expended. The City of Miami Beach entered into
an Inter-Local Agreement (ILA) with Miami-Dade County on August 13th, 2003 in order to
receive their share of surtax proceeds.
Pursuant to Miami-Dade County Ordinance 02-116, 5% of PTP funds received may be
appropriated for administrative assistance and 4% for technical assistance (See Attachment 1.
Ordinance 02-116).
Administrative and technical operating expenditures to be paid for with PTP funding for the
City's FY 2007-08 and FY 2008-09 are recommended in Attachment 2. "PTP Operating
Expenditure Chart". The appropriations will offset General Fund expenditures and have already
been accounted for in the respective Adopted Budgets; however they require approval through
a Resolution by the City Commission.
A percentage of the salaries of the Public Works Transportation Division staff qualify as
administrative and technical assistance. Administrative assistance by the Transportation
Manager includes but is not limited to the following responsibilities: overall management of PTP
funding; deciding the allocation of PTP funding to the various projects; capital budget
preparation; review of all PTP documents; and attendance to PTP workshops and meetings at
Miami-Dade County. Technical assistance by the Transportation Manager includes but is not
limited to the following responsibilities: overall management of all PTP projects including 16tH
Street Roadway Improvement Project, Coastal Communities Transportation and Transit Master
Plans, the Bicycle Program, and Pedestrian Improvement Projects; review of plans and other
documents on all PTP funded projects; coordination with various state, county and local
agencies on all PTP funded projects; development of design plans for PTP funded projects.
Administrative assistance by the Transportation Coordinator includes but is not limited to the
following responsibilities: assists the Transportation Manager with managing PTP funding;
prepares all PTP documents, including the Five Year PTP Plan, Quarterly Reports, Commission
items, internal memos, Letters to the Commission, and correspondence to Miami-Dade County;
assists with Miami-Dade County's audit of PTP funds; tracks all PTP fund expenditures; tracks
PTP revenue on a monthly and yearly basis; and prepares reconciliations of PTP funds.
Technical assistance by the Transportation Coordinator includes but is not limited to the
following responsibilities: assists the Transportation Manager with managing PTP funded
projects; review of plans and other documents on all PTP funded projects; coordination with
various state, county, and local agencies on all PTP funded projects. The salary figures and
percentages indicated in the PTP Operating Expenditure Chart are directly in support of the
program.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the attached
resolution which requests approving the appropriation of FY 06-07 PTP Funds in the amount of
$132,766 and FY 07-08 PTP Funds in the amount of $144,711.
Attachment:
1. Ordinance 02-116
2. PTP Operating Expenditure Chart
JMG/RCM/FHB/FAV/XF/CL
T:WGENDA\2008\November 5\Consent\PTP Admin and Tech 08-09 memo.doc
Attachment 1
ARTICLE XVI. ONE HALF OF ONE PERCENT CHARTER COUNTY TRANSIT SYSTEM
SALES SURTAX AUTHORIZED BY SECTION 212.055(1) FLORIDA STATUTES (2001)
Sec. 29-121. Sales surtax levied.
There is hereby levied and imposed a one half of one percent discretionary sales surtax
authorized by Section 212.055(1), Florida Statutes (2001) on all transactions occurring in Miami-
Dade County which transactions are subject to the state tax imposed on sales, use, rentals,
admissions and other transactions by Chapter 212, Florida Statutes (2001).
(Ord. No. 02-116, § 1, 7-9-02)
Sec. 29-122. Surtax rate, limitations.
The surtax rate shall be one-half of one percent on the amount of taxable sales and
taxable purchases representing such transactions. The limitations, conditions and provisions
contained in Section 212.054, Florida Statutes (2001) as the same may be amended and
supplemented from time to time are hereby incorporated herein.
(Ord. No. 02-116, § 1, 7-9-02)
Sec. 29-122.1. Exemption from Sales Surtax.
All exemptions applicable to the discretionary sales surtax contained in Chapter 212,
Florida Statutes are hereby incorporated herein as the same may be amended and supplemented
from time to time including, but not limited to, the following:
1. The sales amount above $5,000 on any item of tangible personal property shall not be subject
to the surtax. However, charges for prepaid calling arrangements, as defined in Section
212.05(1)(e)1.a. Fla. Stats., shall be subject to the surtax. For purposes of administering the
$5,000 limitation of an item of tangible personal property, if two or more taxable items of tangible
personal property are sold to the same purchaser at the same time and, under generally
accepted business practice or industry standards or usage, are normally sold in bulk or are items
that, when assembled, comprise a working unit or part of a working unit, such items must be
considered a single item for purposes of the $5,000 limitation when supported by a charge ticket,
sale slip, invoice, or other tangible evidence of a single sale or rental.
2. The sale at retail, the rental, the use, the consumption, the distribution, and the storage to be
used or consumed in this state of the following are hereby specifically exempt from the sales
surtax imposed by this article.
(1) Exemptions; General Groceries.
(a) Food products for human consumption are exempt from the sales surtax imposed by this
article.
(b) For the purpose of this article, as used in this subsection, the term "food products" means
edible commodities, whether processed, cooked, raw, canned, or in any other form, which are
generally regarded as food. This includes, but is not limited to, all of the following:
1. Cereals and cereal products, baked goods, oleomargarine, meat and meat products, fish and
seafood products, frozen foods and dinners, poultry, eggs and egg products, vegetables and
vegetable products, fruit and fruit products, spices, salt, sugar and sugar products, milk and dairy
products, and products intended to be mixed with milk.
2. Natural fruit or vegetable juices or their concentrates or reconstituted natural concentrated
fruit or vegetable juices, whether frozen or unfrozen, dehydrated, powdered, granulated,
sweetened or unsweetened, seasoned with salt or spice, or unseasoned; coffee, coffee
substitutes, or cocoa; and tea, unless it is sold in a liquid form.
3. Bakery products sold by bakeries, pastry shops, or like establishments that do not have
eating facilities.
(c) The exemption provided by this subsection does not apply:
1. When the food products are sold as meals for consumption on or off the premises of the
dealer.
2. When the food, products are furnished, prepared, or served for consumption at tables, chairs,
or counters or from trays, glasses, dishes, or other tableware, whether provided by the dealer or
by a person with whom the dealer contracts to furnish, prepare, or serve food products to others.
3. When the food products are ordinarily sold for immediate consumption on the seller's
premises or near a location at which parking facilities are provided primarily for the use of patrons
in consuming the products purchased at the location, even though such products are sold on a
"take out" or "to go" order and are actually packaged or wrapped and taken from the premises of
the dealer.
4. To sandwiches sold ready for immediate consumption on or off the seller's premises.
5. When the food products are sold ready for immediate consumption within a place, the
entrance to which is subject to an admission charge.
6. When the food products are sold as hot prepared food products.
7. To soft drinks, which include, but are not limited to, any nonalcoholic beverage, any
preparation or beverage commonly referred to as a "soft drink," or any noncarbonated drink made
from milk derivatives or tea, when sold in cans or similar containers.
8. To ice cream, frozen yogurt, and similar frozen dairy or nondairy products in cones, small
cups, or pints, popsicles, frozen fruit bars, or other novelty items, whether or not sold separately.
9. To food prepared, whether on or off the premises, and sold for immediate consumption. This
does not apply to food prepared off the premises and sold in the original sealed container, or the
slicing of products into smaller portions.
10. When the food products are sold through a vending machine, pushcart, motor vehicle, or
any other form of vehicle.
11. To candy and any similar. product regarded as candy or confection, based on its normal use,
as indicated on the label or advertising thereof.
12. To bakery products sold by bakeries, pastry shops, or like establishments that have eating
facilities, except when sold for consumption off the seller's premises.
13. When food products are served, prepared, or sold in or by restaurants, lunch counters,
cafeterias, hotels, taverns, or other like places of business.
(d) As used in this subsection (1 ), the term:
1. "For consumption off the seller's premises" means that the food or drink is intended by the
customer to be consumed at a place away from the dealer's premises.
2. "For consumption on the seller's premises" means that the food or drink sold may be
immediately consumed on the premises where the dealer conducts his or her business. In
determining whether an item of food is sold for immediate consumption, there shall be considered
the customary consumption practices prevailing at the selling facility.
3. "Premises" shall be construed broadly, and means, but is not limited to, the lobby, aisle, or
auditorium of a theater; the seating, aisle, or parking area of an arena, rink, or stadium; or the
parking area of a drive-in or outdoor theater. The premises of a caterer with respect to catered
meals or beverages shall be the place where such meals or beverages are served.
4. "Hot prepared food products" means those products, items, or components which have been
prepared for sale in a heated condition and which are sold at any temperature that is higher than
the air temperature of the room or place where they are sold. "Hot prepared food products," for
the purposes of this subsection, includes a combination of hot and cold food items or components
where a single price has been established for the combination and the food products are sold in
such combination, such as a hot meal, a hot specialty dish or serving, or a hot sandwich or hot
pizza, including cold components or side items.
(e) 1. Food or drinks not exempt under paragraphs (a), (b), (c), and (d) shall be exempt,
notwithstanding those paragraphs, when-purchased with food coupons or Special Supplemental
Food Program for Women, Infants, and Children vouchers issued under authority of federal law.
2. This paragraph (e) is effective only while federal law prohibits a state's participation in the
federal food coupon program or Special Supplemental Food Program for Women, Infants, and
Children if there is an official determination that state or local sales taxes are collected within that
state on purchases of food or drinks with such coupons.
3. This paragraph (e) shall not apply to any food or drinks on which federal law shall permit
sales taxes without penalty, such as termination of the state's participation.
(2) Exemptions medical.
(a) There shall be exempt from the sales surtax imposed by this article any medical products
and supplies or medicine dispensed according to an individual prescription or prescriptions
written by a prescriber authorized by law to prescribe medicinal drugs; hypodermic needles;
hypodermic syringes; chemical compounds and test kits used for the diagnosis or treatment of
human disease, illness, or injury; and common household remedies recommended and generally
sold for internal and external use in the cure, mitigation, treatment, or prevention of illness or
disease in human beings, but not including cosmetics or toilet articles, notwithstanding the
presence of medicinal ingredients therein, according to a list prescribed and approved by the
Department of Health, which list shall be certified to the Department of Revenue from time to time
and included in the rules promulgated by the Department of Revenue. There shall also be exempt
from the sales surtax imposed by this article artificial eyes and limbs; orthopedic shoes;
prescription eyeglasses and items incidental thereto or which become a part thereof; dentures;
hearing aids; crutches; prosthetic and orthopedic appliances; and funerals. In addition, any items
intended for one-time use which transfer essential optical characteristics to contact lenses shall
be exempt from the sales surtax imposed by this article, however, this exemption shall apply only
after $100,000 of the sales surtax imposed by this article on such items .has been paid in any
calendar year by a taxpayer who claims the exemption in such year. Funeral directors shall pay
tax on all tangible personal property used by them in their business.
(b) For the purposes of this subsection (2):
1. "Prosthetic and orthopedic appliances" means any apparatus, instrument, device, or
equipment used to replace or substitute for any missing part of the body, to alleviate the
malfunction of any part of the body, or to assist any disabled person in leading a normal life by
facilitating such person's mobility. Such apparatus, instrument, device, or equipment shall be
exempted according to an individual prescription or prescriptions written by a physician licensed
under chapter 458, chapter 459, chapter 460, chapter 461, or chapter 466, Florida Statutes, or
according to a list prescribed and approved by the Department of Health, which list shall be
certified to the Department of Revenue from time to time and included in the rules promulgated by
the Department of Revenue.
2. "Cosmetics" means articles intended to be rubbed, poured, sprinkled, or sprayed on,
introduced into, or otherwise applied to the human body for cleaning, beautifying, promoting
attractiveness, or altering the appearance and also means articles intended for use as a
compound of any such articles, including, but not limited to, cold creams, suntan lotions, makeup,
and body lotions.
3. "Toilet articles" means any article advertised or held out for sale for grooming purposes and
those articles that are customarily used for grooming purposes, regardless of the name by which
they may be known, including, but not limited to, soap, toothpaste, hair spray, shaving products,
colognes, perfumes, shampoo, deodorant, and mouthwash.
4. "Prescription" includes any order for drugs or medicinal supplies written or transmitted by any
means of communication by a duly licensed practitioner authorized by the laws of the state to
prescribe such drugs or medicinal supplies and intended to be dispensed by a pharmacist. The
term also includes an orally transmitted order by the lawfully designated agent of such
practitioner. The term also includes an order written or transmitted by a practitioner licensed to
practice in a jurisdiction other than this state, but only if the pharmacist called upon to dispense
such order determines, in the exercise of his or her professional judgment, that the order is valid
and necessary for the treatment of a chronic or recurrent illness. The term also includes a
pharmacist's order for a product selected from the formulary created pursuant to Sec. 465.186
Fla. Stats. A prescription may be retained in written form, or the pharmacist may cause it to be
recorded in a data processing system, provided that such order can be produced in printed form
upon lawful request.
(c) Chlorine shall not be exempt from the tax imposed by this article when used for the treatment
of water in swimming pools.
(d) Lithotripters are exempt.
(e) Human organs are exempt.
(f) Sales of drugs to or by physicians, dentists, veterinarians, and hospitals in connection with
medical treatment are exempt.
(g) Medical products and supplies used in the cure, mitigation, alleviation, prevention, or
treatment of injury, disease, or incapacity which are temporarily or permanently incorporated into
a patient or client by a practitioner of the healing arts licensed in the state are exempt.
(h) The purchase by a veterinarian of commonly recognized substances possessing curative or
remedial properties which are ordered and dispensed as treatment for a diagnosed health
disorder by or on the prescription of a duly licensed veterinarian, and which are applied to or
consumed by animals for alleviation of pain or the cure or prevention of sickness, disease, or
suffering are exempt. Also exempt are the purchase by a veterinarian of antiseptics, absorbent
cotton, gauze for bandages, lotions, vitamins, and worm remedies.
(i) X-ray opaques, also known as opaque drugs and radiopaque, such as the various opaque
dyes and barium sulphate, when used in connection with medical X rays for treatment of bodies
of humans and animals, are exempt.
(j) Parts, special attachments, special lettering, and other like items that are added to or
attached to tangible personal property so that a handicapped person can use them are exempt
when such items are purchased by a person pursuant to an individual prescription.
(k) This subsection (2) shall be strictly construed and enforced.
(Ord. No. 02-116, § 1, 7-9-02)
Sec. 29-123. Administration, collection and enforcement.
The Florida Department of Revenue shall administer, collect and enforce the surtax
levied hereunder pursuant to the procedures specified in Sec. 212.054(4) Fla. Stats. (2001) as
the same may be amended or renumbered from time to time.
(Ord. No. 02-116, § 1, 7-9-02)
Sec. 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 funds 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.
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 are 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(1)(4)1--3 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 funded by the
surtax.
(d) The County Commission shall not delete or materially change any County project contained
in the list attached as Exhibit 1 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 Commission. The
County Commission 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.
(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 Commission 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-affirms
its award by two-thirds (2/3) vote of the Commission's membership. The bid documents for all
County 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.
(f) Twenty percent of surtax proceeds -shall be distributed annually to those cities existing as of
November 5, 2002 that meet the following conditions:
(i) 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. 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 the 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 an existing 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.
(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.
(g) Newly incorporated municipalities shall have the right to negotiate with the County for a pro
rata share of the sales surtax, taking into consideration the neighborhood and municipal projects
identified in Exhibit 1, as amended, within the boundaries of the new municipalities. The
preceding sentence shall not affect the twenty (20) percent share provided herein for
municipalities existing on November 5, 2002.
(Ord. No. 02-116, § 1, 7-9-02; Ord. No. 06-138, § 1, 9-26-06)
Attachment 2
PTP Operating Expenditure Chart
PTP Administrative Support -Eligible expense NTE 5%
FY08 Budget FY09 Budget
Transportation Coordinator (50%) 36,189.93 39,127.80
Transportation Manager (15%) 14,415.97 14,415.97
Sub-total 50,605.90 53,543.77
PTP Technical Support -Eligible expense NTE 4%
Transportation Coordinator (25%) 18,094.96 19,563.90
Transportation Manager (30%) 24,026.62 24,026.62
Professional Services 40,038.76 47,576.70
Sub -total 82,160.35 91,167.22
GRAND TOTAL 132,766.25 144,711.00