2003-049RESOLUTION NO. 2003-49
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED INTERLOCAL
AGREEMENT FOR DISTRIBUTION OF CHARTER
COUNTY TRANSIT SYSTEM SURTAX PROCEEDS
LEVIED BY MIAMI-DADE COUNTY BETWEEN MIAMI-
DADE COUNTY AND THE CITY OF AVENTURA; AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is authorized to execute the attached Interlocal
Agreement for Distribution of Charter County Transit System Surtax Proceeds Levied
By Miami-Dade County between Miami-Dade County and the City of Aventura.
Section 2. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Cohen, who moved its
adoption. The motion was seconded by Commissioner Diamond, and upon being put
to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Harry Holzberg
Vice Mayor Manny Grossman
Mayor Jeffrey M. Perlow
yes
yes
yes
yes
yes
yes
yes
Resolution No. 2003- 4--9
Page 2
PASSED AND ADOPTED this 3rd day of June, 2003.
A'I-rEST.:
,/'J'EF"~RC:Y ~1. PERLOW, MAYOR
APPROVED AS TO LEGAL SUFFICIENCY:
s
OF CI~La~RTER COUNTY TRAINSIT SYSTEM
SURTAX PROCEEDS LE~D BY M~-D~E
CO~TY
T~s ht~loc~ A~eement ("A~e~ent") entered ~to ~s y of
2003, Mi~-Dade Co~, apo~fic~ sub~sion of~e
by
~d
be~een
StYe ofFIBfida (Cowry"), ~dthe C~ty of lveatura, _, am~p~
co~orafi~n located ~th~. ~e geo~ap~c boodles ofMi~-Dade Co~, Flohda
("Ci~').
~E~AS, Co~ adopted ~d~ce No. 02-116 le~g ~d ~pos~g a one
hMfof one percent Chmer Co~ Tr~sit System S~ ("S~") purser to ~e
au~oh~ of Sec. 212.055(1) Fla. Stats. (2002); ~d
~E~S, ~ce No. 02-116 pro.des ~at a po~on of Sm~ proceeds
w~ be dis~buted annu~y to c~ cities w~o meet specified con~fions; ~d
~E~AS, Co~V ~d CiV Msh to pro.de for dis~bufion of S~ proceeds
to Ci~ on ~e t~s ~d conditions prodded below
NOW THE~FO~ ~ consideration of~e mum~ covm~ts expressed ~e~,
~d o~e~ good ~d v~uable considerafio~ ~e suf5cimcy of whch ~e p~es ~eby
ac~owledge, Co~V ~d CiV a~ee ~ follows:
1. Net Proceeds shah me~ ~e potion of Sm~ proceeds collected by ~e
Florida D~t of Revenue ("DOR") ~at is acidly ~s~buted to Co~V by DOR.
2. Co~V shall ~s~bute ~en~ percent of Net Proceeds ("Mmcip~
Share") to those cities existing as of November 5, 2002, that continue to meet the
conditions specified in Sec.29-124(f)(i) and (ii) of the Code of Miarni-Dade County,
Florida ("Elig/bI~ Cities").
3. The Municipal Share shall be distributed among the Eligible Cities on a
pro rata basis based upon the ratio each 15lig/ble City's population bears to the total
population in all Eligible Cities, as adjusted annually in accordance with the Estimates of
Popniation pr0pared by the Bureau of Economic and Business Research of the University
of Florida. For purposes of the foregoing, whenever an annexation occurs in any Eligible
City, the number of persons residing in such annexed area at the time it is annexed shall
be excluded fi:om 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.
4. City shall apply all of the portion of the Municipal Share that City receives
to supplement, not replace, City's genera] fund support for transportation. City shall oniy
expend the portion of the Municipa4 Share that City receives for the transportation and
transit purposes specified in Sec. 212.055(1)(d)1-3 Fla. Stats (2002), as same may be
amended fi:om t/me to time.
5. City shall, on an annual basis, apply 20% of the portion of the Municipal
Share that it receives to transit uses in the nature of circulator buses, bus shelters, bus
'pullout bays or other transit-related infi:astructure. If City cannot apply 20% of the
portion of the Municipal Share it receives as provided in the preceding sentence, City
may contract with County for County to apply such portion on a County project that
enhances traffic mobility within the City and immediately adjacent areas. If City cannot
expend the 20% of the portion of the Municipal Share it receives in accordance with
either of the two preceding sentences, then such portion shall carry over and be added to
the Municipal Share to be distributed amongst the Eligible Cities in the ensuing year and
such carried over portion shall be utilized by the Eligible Cities solely for the transit uses
enumerated in this paragraph.
6. Net Proceeds distributed to cities incorporated atSer November 5, 2002,
shall not reduce or affect the Municipal Share as defined herein for Eligible Cities.
7. By June 1 st of each year, City shall, in order to be eligible to receive a
portion of the Municipal Share for the ensuing year, certify to County that: i) for the
current fiscal year it is providing at least the same level of general fund support for
transportation that City provided in City's FY 2001-2002 budget; and ii) it is using the
current year's portion of the Municipal Share received in accordance with this
Agreement. Such certification shall include a certified copy of City's budget for the
cra'rant fiscal year, together with a list of the projects (including ongoing or completed
projects that a city is paying debt service on borrowed funds) on which the current year's
portion of the Municipal Share received is being expended. If City fails to meet the
certification requirements, after being g/yen a reasonable opporturdty to correct any
deficiences, the amount equal to ~e pro rata portion of the Municipal Share City is to
receive in the ensuing year shall not be distributed to City and shall be distaSbuted among
the remaining Eligible Cities.
8. City agrees that the Citizens' Independent Transportation Trust ("CITT")
shall have the power to monitor, oversee, review, audit and investigate the City's
knplementation of any project funded in whole or in part with the port[on of the
10.
addressed to:
Municipal Share received by City. City shall not have to obtain prior approval of the
CITT to select the transportation and transit projects on which City will expend City's the
portion of the Municipal Share that is distributed to City nor of to award contracts
therefor. City further agrees that County may, at County's discretion, audit the funds
received under this Agreement to assure such funds are utilized in accordance with State
Law, Ordinance No. 02-I I6 and this Agree~nent. The rights of the CITT and County
under this paragraph shall survive any termination of tkis Agreement.
9. This Agreement shall remain in effect fi:om year to year for so long as
County receives Net Proceeds.
Notices to City under this Agreement shall be in writing sent by U.S. Mail
CI~ OF AVEi~TURA
OFFICE OF Tm CITY MANAGER
19200 W. COUNTRY CLUB DRIVE
AVEI~TURA, FL 33180
Notices to County under this Agreement shall be in writing sent by U.S.
Mail addressed to:
County Manager
Stephen P. Clark Center
1'11 N.W. 1't Street
29th Floor
M/ami, Florida 33128.
IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to
executed on trek behalf as of the date first stated above:
MIAMI-DADE COI.TNTY, FLOR1~A
4
IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to
executed on their behalf as of the date first stated above:
~,~%~ -~C.: ~J i:,:}: a political subdivision of the State of
By:~ By'
Harv y in, Clerk ..-J~. _ ' ~_~.~nty'~-'--~- N tager (Date)
Executed under authority of
City Resolution No. 2003-49 6/3/03
ATTEST: CITY OF AVmqTIJRA , a municipal
/
By:
:ity
ERIC M. SOROKA, I e)
City Manager