Miami-Dade Legislative Item
File Number: 120452
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File Number: 120452 File Type: Resolution Status: Amended
Version: 0 Reference: Control: County Commission
File Name: INTERLOCAL AGREEMENT BETWEEN MDC AND THE CITY OF DORAL Introduced: 3/6/2012
Requester: Citizens' Independent Transportation Trust Cost: Final Action:
Agenda Date: 4/3/2012 Agenda Item Number: 10A1
Notes: SEE 120858 FOR FINAL VERSION AS ADOPTED. Title: RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS APPROVING A SETTLEMENT OF LITIGATION AND AN INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF DORAL IN ORDER THAT THE CITY OF DORAL MAY RECEIVE ITS PRO-RATA SHARE OF SURTAX REVENUE FOR FISCAL YEARS 2010-2011 AND 2011-2012 OUT OF THE COUNTY’S 80% SHARE OF THE CHARTER COUNTY TRANSPORTATION SALES SURTAX FUNDS; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXECUTE THE AGREEMENT ON BEHALF OF THE COUNTY AND TO EXERCISE ANY AND ALL RIGHTS CONTAINED THEREIN
Indexes: INTERLOCAL AGREEMENT
Sponsors: Jose "Pepe" Diaz, 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 4/3/2012 10A1 Amended
REPORT: Note: Refer to Agenda Item No. 10A1 AMENDED; Legislative File No. 120858 for the amended version.

County Attorney 3/6/2012 Assigned Bruce Libhaber 4/6/2012

County Mayor 3/6/2012 Assigned County Attorney 4/3/2012
REPORT: CAO - Bruce Libhaber assisted - Comm. Diaz Sponsor - Attachments: City of Doral Transmittal Form, Interlocal Agreement

County Mayor 3/6/2012 Assigned Alina Tejeda-Hudak 3/6/2012

Legislative Text


TITLE
RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS APPROVING A SETTLEMENT OF LITIGATION AND AN INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF DORAL IN ORDER THAT THE CITY OF DORAL MAY RECEIVE ITS PRO-RATA SHARE OF SURTAX REVENUE FOR FISCAL YEARS 2010-2011 AND 2011-2012 OUT OF THE COUNTY’S 80% SHARE OF THE CHARTER COUNTY TRANSPORTATION SALES SURTAX FUNDS; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXECUTE THE AGREEMENT ON BEHALF OF THE COUNTY AND TO EXERCISE ANY AND ALL RIGHTS CONTAINED THEREIN

BODY
WHEREAS, On November 5, 2002, the voters of Miami-Dade County adopted Ordinance No. 02-116 levying 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

WHEREAS, twenty (20) percent of Surtax proceeds shall be distributed annually to only those municipalities existing as of November 5, 2002, and the County and the City of Doral (City), which was incorporated after said date, desire to resolve its pending litigation and execute an interlocal agreement (ILA) in order for the City to receive its pro-rata share of Surtax revenue out of the County’s 80 percent share of the Surtax, and

WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board approves this settlement of litigation and an Interlocal Agreement between Miami-Dade County and the City of Doral in order that the City of Doral may receive its pro-rata share of surtax revenue for fiscal years 2010-2011 and 2011-2012 out of the County’s 80% share of the Charter County Transportation Sales Surtax Funds; and authorizing the County Mayor or County Mayor’s designee to execute the agreement on behalf of the County and to exercise any and all rights contained therein.

HEADER
Date:

To: Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners

From: Robert A. Cuevas
County Attorney

Carlos A. Gimenez
Mayor

Subject: Interlocal Agreement between Miami Dade County and the City of Doral

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners (BCC) approve the attached Interlocal Agreement between Miami-Dade County and the City of Doral as part of the settlement of litigation. The proposed Interlocal Agreement will allow the City of Doral to receive its pro-rata share of Surtax revenue out of the County’s 80 percent share of the Charter County Transportation Sales Surtax funds (Surtax).

Scope
This proposed Interlocal Agreement will provide Surtax funds to the City of Doral, located within Commission District 12.

Fiscal Impact/Funding Source
Approximately $2.154 million of Surtax funds will be available to the City of Doral for eligible expenses. In addition, approval of this agreement will result in an additional $1.331 million of surtax funds going to the Town of Cutler Bay, consistent with the “me too” clause included in the Interlocal Agreement with the Town of Cutler Bay adopted by the BCC on February 7, 2012. This funding will come from the County’s share of the revenues. In an abundance of caution, and because actual Surtax revenues have exceeded the budget for the past two years, we have held in reserve the revenue we assumed was at risk of being distributed to the new municipalities. Therefore, these transfers can be made without impairing any currently scheduled projects.

Track Record/Monitor
The Interlocal Agreement will be monitored by the Office of the Citizens’ Independent Transportation Trust (CITT). The CITT was created to monitor the implementation of the Peoples Transportation Plan and to oversee the expenditure of the Surtax.

MANAGER'S BACKGROUND
Background
On November 5, 2002, the voters of Miami-Dade County adopted County Ordinance No. 02-116 levying and imposing a one half of one percent Charter County Transit Sales Surtax (Surtax). As part of the Ordinance, 20 percent of the Surtax proceeds shall be distributed annually to those cities existing as of November 5, 2002. The remaining 80 percent is retained by the County to support regional transportation needs.

At the time of the adoption of the Surtax there were 31 eligible municipalities. Subsequently, three new municipalities have incorporated (Miami Gardens, Doral and Cutler Bay). At the May 3, 2011 Board of County Commissioners meeting (Board), the Board approved a motion made by Chairman Martinez to “execute agreements with the three municipalities created since the implementation of the PTP surtax providing funding consistent with the municipal distribution with said funding coming from the County’s 80 percent; to provide that these agreements be contingent upon the three applicable municipalities agreeing to a voluntary dismissal of any claims it may have as well as an executed release; to direct the County Administration to bring the appropriate amendments to the County Code necessary to ensure that successor interlocal agreements with all municipalities contain provisions to protect the funding for regional transportation services in the event of future incorporations; and to provide for the consideration of other amendments to municipal MOE requirements.”

After negotiations with Miami-Dade County, the City of Doral has agreed to enter into an Interlocal Agreement with Miami-Dade County in order to receive its pro-rata share of Surtax revenue out of the County’s share of the Charter County Transportation Sales Surtax funds. This Interlocal Agreement will provide the City of Doral with surtax funding from the County’s 80% share for the fiscal years of 2010-2011 and 2011-2012. The City of Doral has agreed to dismiss its lawsuit with prejudice upon approval of this agreement and distribution of the surtax funds.

Miami Gardens has not dismissed pending claims. We continue to negotiate with Miami Gardens and will present any resulting agreement to the Board for consideration. The agreement negotiated with Doral, includes a clause similar to the clause in the Cutler Bay Interlocal, that ensures that Doral will be subject to the same terms as Miami Gardens, should those negotiations result in better conditions.



__________________________
Deputy Mayor/County Manager



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