Miami-Dade Legislative Item
File Number: 070364
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File Number: 070364 File Type: Ordinance Status: In Committee
Version: 0 Reference: Control: County Commission
File Name: USE SURTAX FUNDS FOR ADMINISTRATIVE CONTRACTS - CITT Introduced: 2/5/2007
Requester: NONE Cost: Final Action:
Agenda Date: 4/24/2007 Agenda Item Number: 7A
Notes: SEE 071586 FOR FINAL VERSION AS ADOPTED Title: ORDINANCE AMENDING SECTION 29-124 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO ALLOW FOR THE USE OF SURTAX FUNDS FOR CONTRACTS IN SUPPORT OF THE ADMINISTRATION OF THE CITIZENS' INDEPENDENT TRANSPORTATION TRUST WITHOUT APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS FOR CONTRACTS WHICH DO NOT EXCEED TWENTY FIVE THOUSAND DOLLARS ($25,000); PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 070249]
Indexes: CITIZENS INDEPENDENT TRANSPORTATION TRUST
Sponsors: Sally A. Heyman, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 4/24/2007 7A Amended
REPORT: See Agenda Item 7A Amended, Legislative File No. 071586 for the amended version.

Transit Committee 3/14/2007 3B Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Gerald Sanchez read the foregoing proposed ordinance into the record. Chairman Rolle opened the public hearing and there being no one to appear, the public hearing was closed. Assistant County Attorney Bruce Libhaber advised that Commissioner Heyman was requesting that the requirement in Section (f) of the foregoing proposed ordinance that a written report be provided by the Executive Director of the Citizens’ Independent Transportation Trust (CITT) to the County Commission on a quarterly basis, be incorporated within the quarterly progress report currently provided by the CITT to the Commission. Chairman Rolle asked Assistant County Attorney Sanchez to prepare an appropriate ordinance that would exempt from County Commission approval, the use of surtax funds for contracts in the amount of twenty-five thousand dollars ($25,000) or less for Miami-Dade Transit and other departments. The Committee proceeded to vote on the foregoing proposed ordinance as presented.

Board of County Commissioners 2/6/2007 Scheduled for a public hearing Transit Committee 3/14/2007

Board of County Commissioners 2/6/2007 4E SUBSTITUTE Adopted on first reading 3/14/2007 P
REPORT: County Attorney Greenberg read the foregoing proposed ordinance into the record. There being no discussion regarding this matter, the Board proceeded to vote. The foregoing proposed ordinance was adopted on first reading and scheduled for public hearing before the Transit Committee on March 14, 2007 at 2:00 p.m.

County Manager 2/5/2007 Additions 2/6/2007

County Attorney 2/5/2007 Referred Transit Committee 3/14/2007

County Attorney 2/5/2007 Referred Regional Transportation Committee 3/15/2007

County Attorney 2/5/2007 Assigned Bruce Libhaber 2/5/2007

Legislative Text


TITLE
ORDINANCE AMENDING SECTION 29-124 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO ALLOW FOR THE USE OF SURTAX FUNDS FOR CONTRACTS IN SUPPORT OF THE ADMINISTRATION OF THE CITIZENS' INDEPENDENT TRANSPORTATION TRUST WITHOUT APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS FOR CONTRACTS WHICH DO NOT EXCEED TWENTY FIVE THOUSAND DOLLARS ($25,000); PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, on November 5, 2002, the voters of Miami-Dade County approved the imposition of a ˝ percent sales surtax to improve transit and transportation; and
WHEREAS, the ballot language indicated that surtax proceeds would be overseen by the Citizens’ Independent Transportation Trust (“Trust”); and
WHEREAS, requiring Commission approval of contracts for relatively small purchases for goods and services used in aiding the administration of the Trust creates unneeded delay and bureaucratic expense,
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 29-124 of the Code of Miami-Dade County, Florida, is hereby amended as follows:1
Sec. 29-124. Special fund created; uses of surtax proceeds; and role of Citizens’ Independent Transportation Trust.

* * *

(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. >>The foregoing notwithstanding, awards of contracts for services in support of the administration of the Trust or in support of the Trust’s oversight function shall not require County Commission or Trust approval, so long as the individual contract amount does not exceed twenty five thousand dollars ($25,000).

(f) On a quarterly basis, the Executive Director of the CITT shall submit a written report to the Commission, the Mayor and the Manager of all expenditures made pursuant to Section 29-124 herein.<<

* * *

Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. The provisions of this amendment shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
Section 5. This Ordinance may only be amended or repealed by a two-thirds vote of the Board. Any amendment or repeal of this Ordinance shall further require a minimum of six (6) weeks between first and second reading.
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged



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