2010-27471 Reso C7G2RESOLUTION NO~ 2010-27471
~--- i
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, URGING THE
MIAMI-DADE COUNTY BOARD OF COUNTY
COMMISSIONERS TO REJECT THE COUNTY MANAGER'S
PROPOSAL TO PROVIDE THE PEOPLE'S
TRANSPORTATION PLAN SURTAX FUNDS TO CITIES
INCORPORATED AFTER 2002 FROM THE GROWTH OF THE
EXISTING CITIES' 20% SHARE, ALSO KNOWN AS THE
"HOLD-HARMLESS OPTION," AND URGING THE MIAMI-
DADE COUNTY BOARD OF COUNTY COMMISSIONERS TO
DIRECT THE COUNTY ADMINISTRATION TO PREPARE A
PLAN TO FUND THE NEWLY INCORPORATED CITIES
FROM THE COUNTY'S 80% SHARE, AS AGREED TO IN
MIAMI-DADE COUNTY ORDINANCE NO. 02-116.
WHEREAS, in 2002, Miami-Dade County voters approved the People's
Transportation Plan ("PTP") and ahalf-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 arevenue-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, the Ordinance 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, 2010, 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 ahold-
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 the City of Miami Beach is estimated by the
Citizen's Independent Transportation Trust to be between $800,000 and $1.1 million
under the hold-harmless option; and
WHEREAS, on July 29, 2010, the Citizen's Independent Transportation Trust
("CITY") 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 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 Mayor and City Commission of the City of Miami Beach support
a plan whereby the new cities of Miami Gardens, Doral, and Cutler Bay are provided
their rightful share of PTP surtax funding as provided in Miami-Dade County Ordinance
No. 02-116.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Miami-Dade
2
County Board of County Commissioners is hereby urged to reject the County Manager's
proposal, also known as the "hold-harmless option," to fund cities incorporated after
2002 from the growth of the existing cities' 20% share of PTP revenues, and urging the
Board of County Commissioners to direct the County Administration to prepare a plan. to
fund the newly incorporated cities from the County's 80% share, as agreed to in Miami-
Dade County Ordinance No. 02-116.
PASSED AND ADOPTED this ~S~' day of~r~2010
ATTEST:.
Gt/t
CITY CLERK A R
T:VIGENDA12010\September 15\Consent\PTP Reso 2.docx
APPROVED AS TO
FOR ANGUAGE
8 ELUTION
ATTORNEY E
3