02-11
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RESOLUTION NO. 02-11
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA, APPROVING THE FORM OF AND
AUTHORIZING THE EXECUTION AND DELIVERY OF AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF
CLEARWATER, FLORIDA, AND PINELLAS COUNTY, FLORIDA;
AND PROVIDING CERTAIN OTHER DETAILS WITH RESPECT
THERETO.
WHEREAS, the Board of County Commissioners (the "Board") of Pinellas County, Florida
(the "County") has approved the creation of a Vision 2010 Task Force to recommend and develop
strategic plans for the County (the "2010 Report");
WHEREAS, the 2010 Report contained certain findings, goals and recommendations
regarding the County and its position as a tourist destination and its economic development;
WHEREAS, one of the priority projects identified in the 2010 Report was the improvement to
the capital infrastructure of the Gulf of Mexico Beach communities (the "Beach Communities") in
the County known collectively as the Gulf Beach Corridor Improvement Program (the "Project");
WHEREAS, the Board on September 18, 1989 enacted Ordinance No. 89-42, and pursuant
to a vote of the electors of the County held on November 7, 1989, the County was authorized to levy
a one percent discretionary surtax for a period from February 1, 1990 through January 3~ 2000 and
on February 25, 1997, the Board enacted Ordinance 97-11, and pursuant to a vote of the electors
held on March 25, 1997, the County was authorized to extend the levy of the onecent infrastructure
discretionary sales surtax (the "Sales Surtax") for a period from February 1, 2000 to January 31,
2010; and
WHEREAS, the County and the City of Clearwater, Florida (the "City") desire to enter into an
Interlocal Agreement, the form of which is attached hereto as Exhibit A, wherein the City will, among
other matters, agree to pay over to the County certain proceeds of the Sales Surtax received by the
City in order to pay for a portion of the costs for the City and the County to jointly plan and design
the utility relocation aspect of the Project); and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA, THAT:
SECTION 1. Authority. This Resolution is adopted pursuant to the provisions of Section
163.01, Florida Statutes; Article VIII, Section 2 of the Constitution of the State of Florida; Chapter
166, Florida Statutes; and other applicable provisions of law (collectively, the "Act").
SECTION 2. FindinQs. After careful consideration by the City Commission of the City (the
"Commission") and receipt by the Commission of reports and information relating to the Project, it is
hereby ascertained, determined and declared as follows:
(a) That tourism is the leading industry in the County, with tourists accounting for
approximately forty percent of Sales Surtax collections; and
Resolution 02-11
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(b) That the County had previously identified the Gulf Beach Corridor as an area in
which improvements to the roadways and signage would benefit tourism and economic
development; and
(c) That implementation ofthe Project will aid the County by imprO\ing the infrastructure
and public facilities in the Beach Communities, including the City, and the County; and
(d) That portion of the Project consisting of removing the utility cabling from elevated
poles, constructing an underground conduit for utility cabling and relocating such cabling in an
underground location (the "Utility Relocation") will enable the City and the County to unify Gulf
Boulevard and/or other roadways in the beach communities, including, but not limited to, Gulfview
Boulevard and Coronado Drive in the City, in a manner that will enhance economic development
through sustained tourism in the City and the County and reduce visual blight created by the
existing overhead utilities; and
(e) The Utility Relocation will benefit the transportation facilities of the City and the
County and be in furtherance of the public health and safety of the citizens of, and visitors to, the
City by:
(i) removing the visual competition of the overhead power system, which
improves public safety by making signage more prominent to motorists and
pedestrians;
(ii)
eliminating the power poles along the roadway, which improves safety by
removing them as a potential factor in a vehicular crash;
(iii) eliminating the fixed, standalone light poles with the electrical supply
overhead and replacing such poles with breakaway type structures with
underground service, which reduces potential damages and injuries in
vehicular crashes;
(iv) eliminating the need of overhead electrical maintenance equipment resultsin
the ability of motorists and pedestrians to pass a maintenance operation
more safely; and
(v) improving evacuation egress and ingress of the Beach Communities by the
eliminating the possibility of downed utility lines, reducing power outages and
other problems associated with overhead utility lines in times of costal
evacuations; and
(f) The Utility Relocation further benefits the public health and safety of the citizens of,
and visitors to, the City by reducing the loss of utility service and the risks associated with downed
utility lines in the event of inclement weather; and
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SECTION 3. Authorization of the Form of the Interlocal AQreement. The execution and
delivery of the Interlocal Agreement, the form of which is attached hereto as Exhibit A (the
"Interlocal Agreement") is hereby authorized. The form of the Interlocal Agreement is hereby
approved, subject to such changes, insertions and omissions and such filling of blanks therein as
may be approved and made in such form by the officers of the County and the City executing the
same, such execution and delivery to be conclusive evidence of such approval.
SECTION 4. Authorization to Execute. The Mayor-Commissioner and the City Clerk are
hereby authorized and empowered to execute and deliver thelnterlocal Agreement in substantially
the form attached hereto, subject to such changes, modifications, additions, deletions and
substitutions which do not materially affect the substance thereof as such officers executing the
same shall approve, such execution to be conclusive evidence of such approval and to affix thereto
or impress thereon the seal of the City.
SECTION 5. Validation Authorized. There is hereby authorized the institution of
appropriate proceedings in the circuit court of the Sixth Judicial Circuit in and for Pinellas County,
Florida, for the validation of the Interlocal Agreement, and the rights and obligations of the City and
the County under the I nterlocal Agreement, and the proper officers of the City are hereby authorized
to verify on their behalf any pleadings in such proceedings, and the City Attorney may join in the
complaint or complaints or the proceedings, or both, in connection with the validation of the
Interlocal Agreement.
SECTION 6. Effective Date. This Resolution shall take effect immediately upon its
adoption.
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PASSED AND ADOPTED by the City Commission of the City of Clearwater, Florida this 7thdayof
February , 2002.
CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA
By:
(SEAL)
ATTEST:
By:
Q-..
Approved as to form:
By: JJ.JL
City Attorney
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Resolution 02-11
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INTERLOCAL AGREEMENT
Between
Pinellas County, Florida
And
dated
, Florida
,2002
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Exhibit "A"
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TABLE OF CONTENTS
ARTICLE I
SECTION 1.01. AUTHORITY.. ................................................................... .................................. 5
SECTION 1.02. DEFINITIONS .................................................................................................... 5
ARTICLE II
CITY PAYMENT
SECTION 2.0 I.PAYMENT BY THE CITY TO THE COUNTY .......................................................... 6
SECTIO N 2.02 CITY PAyMENT.......................... ....................................................................... 6
SECTION 2. 03 VALIDATION AUTHORIZED.................................................. .............................. 7
ARTICLE III
TERM AND MISCELLANEOUS
SECTION 3.01 TERM........................................................................... .......................... ...... ..... 7
SECTION 3.02 FILING AND EFFECTIVE DATE.................................... ........ .............................. 7
SECTION 3.03 SEVERABILITY..... ............................................................................................. 7
SECTION 3.04 CONTROLLING LAW; MEMBERS OF CITY AND COUNTY NOT LIABLE............... 8
SECTION 3.05 MISCELLANEOUS................................................................................ .............. 8
SECTION 3.06 MODIFICATION OR AMENDMENT ...................................................................... 9
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TABLE OF CONTENTS
ARTICLE I
SECTION 1.01. AUTHORITY....................................................................................................... 5
SECTION 1.02. DEFINITIONS..................................................................... ............................... 5
ARTICLE II
CITY PAYMENT
SECTION 2.01. PAYMENT BY THE CITY TO THE COUNTy.......................................................... 6
SECTION 2.02 CITY PAyMENT................................................................................................. 6
SECTION 2. 03 VALIDATION AUTHORIZED................... ............................................................. 7
ARTICLE III
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TERM AND MISCELLANEOUS
SECTION 3.01 TERM.................. ....................................... ....................................................... 7
SECTION 3.02 FILING AND EFFECTIVE DATE......................................................... ....... .......... 7
SECTION 3.03 SEVERABILITY.................................................................................................. 7
SECTION 3.04 CONTROLLING LAW; MEMBERS OF CITY AND COUNTY NOT LIABLE............... 8
SECTION 3.05 MISCELLANEOUS.............................................................................................. 8
SECTION 3.06 MODIFICATION OR AMENDMENT...................................................................... 9
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WITNESSETH:
WHEREAS, it is the purpose and intent of this Interlocal Agreement, the parties
hereto and the Florida Interlocal Cooperation Act of 1969 (Section 163.01, Florida
Statutes) ("Cooperation Act"), to permit the City and the County to make the most
efficient use of their respective powers, resources and capabilities by enabling them to
cooperate on the basis of mutual advantage and thereby to provide the facilities
provided for herein in the manner that will best accord with the existing resources
available to each of them and with geographic, economic, population and other factors
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influencing the needs and developments within their respective jurisdictions; and
WHEREAS, the purpose of the Cooperation Act is to provide for a means by
which the City and the County may exercise the respective powers, privileges and
authorities which they share in common and which each might exercise separately in
a joint manner; and
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WHEREAS, the parties further intend to enter into this Interlocal Agreement in
order to show evidence of indebtedness of the City to the County; and
WHEREAS, the City and the County have determined to proceed with the
planning and design of the acquisition, construction and equipping of the following
project components (a) utility relocation, (b) street lights, (c) mile markers, (d) trolley
stop signs, (e) benches, (f) trash receptacles & ash ums, (g) gateway elements, (h)
smart street components, (i) bike trail, Ul crosswalks, (k) tree grates, (1) traffic signal
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mast arms, (m) plant materials, (n) sidewalks, and (0) medians, all of which are for the
. Gulf Beach Corridor Improvement Program (the "Project") and find that it is in the best
interest of the citizens of the City and the County to do so and find specifically as
follows:
WHEREAS, after careful consideration by the Board of County Commissioners
(the "Board") of the County and the City Commission (the "Commission") of the City,
and receipt by the Board and the Commission of reports and information relating to
the Project, it is hereby ascertained, determined and declared as follows:
(a) That tourism is the leading industry in the County, with tourists
accounting for approximately forty percent of Sales Surtax collections; and
(b) That the County had previously identified the Gulf Beach Corridor as an
area in which improvements to the roadways and sign age would benefit tourism and
economic development; and
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(c)
That implementation of the Project will aid the County and the City by
improving the infrastructure and public facilities in the Beach Communities, including
the City, and the County; and
(d) That portion of the Project consisting of removing the utility cabling from
elevated poles, constructing an underground conduit for utility cabling and relocating
such cabling in an underground location (the "Utility Relocation") will enable the City
and the County to unify Gulf Boulevard and/ or other roadways in the beach
communities, including, but not limited to, Gulfview Boulevard and Coronado Drive in
the City, in a manner that will enhance economic development through sustained
tourism in the City and the County and reduce visual blight created by the existing
overhead utilities; and
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(e) The Utility Relocation will benefit the transportation facilities of the City
. and the County by:
(i) removmg the visual competition of the overhead power system,
which improves public safety by making signage more prominent
to motorists and pedestrians;
(ii) eliminating the power poles along the roadway, which improves
safety by removing them as a potential factor in a vehicular crash;
(iii) eliminating the fixed, standalone light poles with the electrical
supply overhead and replacing such poles with breakaway type
structures with underground service, which reduces potential
damages and injuries in vehicular crashes;
(iv) eliminating the need of overhead electrical maintenance
equipment results in the ability of motorists and pedestrians to
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pass a maintenance operation more safely; and
(v) improving evacuation egress and mgress of the Beach
Communities by the eliminating the possibility of downed utility
lines, reducing power outages and other problems associated with
overhead utility lines in times of costal evacuations; and
(f) The Utility Relocation further benefits the citizens of the City and the
County by reducing the loss of utility service and the risks associated with downed
utility lines in the event of inclement weather; and
WHEREAS, based upon such fmdings the Commission and the Board have
further determined that the Utility Relocation will benefit the County's and the City's
transportation facilities, public health and safety and economic development, and
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such Utility Relocation therefore shall serve a public purpose and constitutes a "public
. facility;"
WHEREAS, the County is in the process of entering into Agreements (the
"Agreements") for the preliminary planning and design and cost estimates of the Utility
Relocation portion of the Project, a portion of which is located in the City; and
WHEREAS, the City is desirous of assisting the County by providing a certain
monetary payment to the County (the "City Payment") for the purpose of assisting the
County in the payment of the costs of planning and designing the Utility Relocation
portion of the Project within the City (the "Design Costs"); and
WHEREAS, the County and the City desire to equitably determine and to
contract and provide herein the manner in which the City Payment shall be paid to the
County as additional funds for the payment of a portion of the Design Costs and for
which this lnterlocal Agreement shall constitute the evidence of indebtedness of the
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City; and
WHEREAS, pursuant to Ordinance No. 89-42 enacted by the Board of County
Commissioners on September 18, 1989 and pursuant to a vote of the electors of the
County held on November 7, 1989, the County was authorized to levy a one percent
discretionary surtax for a period from February 1, 1990 through January 31, 2000,
and on February 25, 1997, the Board enacted Ordinance No. 97-11, and pursuant to a
vote of the electors held on March 25, 1997, was authorized to extend the levy of the
one-cent discretionary surtax for a period from February 1,2000 to January 31,2010
(the "Penny for Pinellas").
WHEREAS, the City has determined and agreed to pledge a portion of its Penny
for Pinellas revenues to pay over to the County the City Payment from such Pledged
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Revenues;
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WHEREAS, the County has determined and agreed to pledge its portion of the
Penny for Pinellas for its share of the Design Costs;
NOW, THEREFORE, in consideration of the mutual covenants of this lnterlocal
Agreement, the City and County agree as follows:
ARTICLE I
SECTION 1.01.
Authority
This Agreement is entered into pursuant to the provisions of Section 163.01,
Florida Statutes; Article VIII, Sections 1 and 2 of the Constitution of the State of
Florida; Chapter 166, Florida Statutes; Pinellas County Home Rule Charter; and other
applicable provisions oflaw (collectively, the "Act").
The discretionary infrastructure sales surtax has been authorized and imposed
pursuant to Section 212.055, Florida Statutes, and approved by a countywide
referendum held on November 7, 1989, which tax was extended for ten years by
approval at a countywide referendum held on March 25, 1997, which is the portion
available for expenditure with respect to infrastructure projects and a portion of which
is transferred to the City pursuant to the Sales Tax Revenue lnterlocal Agreement
relating to distribution of the Pledged Revenues.
SECTION 1.02.
Definitions
"City Payment" means the payment to be made by the City as provided by
Section 2.01 hereof, in an amount not to exceed $5000, but which in no event shall
exceed one half of the total of the Design Costs, payable upon completion of the
preliminary planning and design costs and cost estimates of the Utility Relocation
portion of the project.
"Pledged Revenues" shall mean the City's portion of the net proceeds derived by
the County from the levy and collection of the one-cent discretionary infrastructure
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"Sales Tax Revenue lnterlocal Agreement" means the interlocal agreement
between the County and all of the municipalities within the County, including the
City, dated August 6, 1998, pursuant to which the proceeds of the discretionary
infrastructure sales surtax revenues are distributed.
ARTICLE II
CITY PAYMENT
SECTION 2.01. Payment by the City to the County
The City hereby pledges and agrees to pay to the County from its Pledged
Revenues, or from such other additional legally available sources as the City shall
have available, within 30 days of the completion of the preliminary planning and
design costs and cost estimates of the Utility Relocation portion of the Project;
provided, however, that should the County and/or the Beach Communities not
including the City decide not to implement the preliminary planning and design of the
Project, the City's obligation to pay the City Payment hereunder shall terminate.
SECTION 2.02 City Payment
The obligation of the City to pay over to the County the City Payment is
indebtedness of the City and this lnterlocal Agreement is hereby issued by the City as
evidence of such indebtedness. The City shall keep accurate books and records, and
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shall record the amount the City has transferred pursuant to Section 2.01 hereof to
. the County.
SECTION 2.03
Validation Authorized
The City and the County hereby agree that a validation action pursuant to
Chapter 75, Florida Statutes shall be filed in order to validate the City's obligations
hereunder. All costs of validation shall be paid by the County.
ARTICLE III
TERM AND MISCELLANEOUS
SECTION 3.01
Term
This Agreement shall commence on
, 2002 and shall
terminate at midnight on the date on which the final City Payment is made in
accordance with this Agreement.
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SECTION 3.02 Filing and Effective Date
This Agreement shall become effective upon (i) the execution of this Agreement
by the proper officers of the City and the County as of the date set forth above and (ii)
upon the filing with the Clerk of the Circuit Court of Pinellas County, Florida as
required by Section 163.01(11), Florida Statutes.
SECTION 3.03 Severability
If anyone or more of the covenants, agreements or provisions of this Agreement
should be held contrary to any express provision of law or contrary to any policy of
expressed law and held invalid, or shall for any reason whatsoever be held invalid,
then such covenants, agreements or provisions shall be null and void and shall be
deemed separate from the remaining covenants, agreements or provisions of this
Agreement which shall remain fully enforceable.
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SECTION 3.04 Controlling Law; Members of City and County Not Liable
All covenants, stipulations, obligations and agreements of the City and the
County contained in this Agreement shall be deemed to be covenants, stipulations,
obligations and agreements of the City and the County, respectively, to the full extent
authorized by the Act and provided by the Constitution and laws of the State of
Florida. No covenant, stipulation, obligation or agreement contained herein shall be
deemed to be a covenant, stipulation, obligation or agreement of any present or future
member of the governing body or agent or employee of the City or in the County in its,
his or their individual capacity, and neither the members of the governing body of the
City or the County nor any official executing this Agreement shall be liable personally
or shall be subject to any accountability by reason of the execution by the City or the
County of this Agreement or any act pertaining hereto.
SECTION 3.05 Miscellaneous
A. Non-Ad Valorem Taxes Pledged. Nothing herein shall be deemed to
pledge ad valorem taxation revenues or to permit or constitute a mortgage upon any
assets owned by the City and no person may compel the levy of ad valorem taxes on
real or personal property within the boundaries of the City for the payment of the
City's obligations hereunder. The obligations of the City hereunder shall not be or
constitute general obligations or indebtedness of the City as "bonds" within the
meaning of the Constitution of the State of Florida and neither the County or the
holder or holders of any bonds of the City or the County shall ever have the right to
compel the exercise of the ad valorem taxing power of the City or the County or
taxation in any form of any real or personal property therein.
B. Annual Budgets. The City shall prepare, approve and adopt each year,
in the manner provided by law, a detailed annual budget pursuant to which it shall
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allocate, appropriate and provide for the deposits and payments of sufficient legally
available Pledged Revenues of the City for the ensuing Fiscal Year required by this
Agreement.
SECTION 3.06
Modification or Amendment
This Agreement may be amended with the written consent of the County and
the City.
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IN WITNESS WHEREOF, the undersigned have hereunto affIxed their hands
and seals the day and year fIrst written above.
ATTEST:
KARLEEN F. DeB LAKER, CLERK
PINELLAS COUNTY, FLORIDA, by
and through its Board of County
Commissioners
By:
By:
Chairman
Deputy Clerk
[Seal]
APPROVED AS TO FORM:
By:
OffIce of the County Attomey
ATTEST:
CITY OF CLEARWATER
By:
By:
Mayor
City Clerk
[Seal]
::P]~S TO FORM
City Attomey
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