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02-34 RESOLUTION NO. 02-34 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, RATIFYING AMENDMENTS TO THE INTERLOCAL AGREEMENT THAT CREATED THE TAMPA BAY REGIONAL PLANNING COUNCIL; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater, Florida, is a member of the Tampa Bay Regional Planning Council created by an Interlocal Agreement dated September 8, 1975 (subsequently amended); and WHEREAS, said Agreement provides for amendments to the Agreement; and WHEREAS, the Board of the Tampa Bay Regional Planning Council did adopt certain amendments to said Agreement on March 11, 2002 and April 8, 2002; and WHEREAS, the Board of the Tampa Bay Regional Planning Council has requested ratification of these amendments by the several member governments; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the City Commission of the City of Clearwater, Flo~ida, hereby ratifies and approves the above referenced amendments, a copy of which is attached hereto and by referenced made a part hereof. Section 2. That a copy of this Resolution be sent to the Tampa Bay Regional Planning Council. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 16th day of May ,2002. Approved as to form: Attest: JJ r-l Pamela K. Akin City Attorney h ~fi!,' ~~ . ~ . .'. v;L. . , ....enJCynt~a . Gt)ude~u .. Ciij)Clerk "'. . Resolution No. 02-34 AMENDMENT ADOPTED BY TAMPA BAY REGIONAL PLANNING COUNCIL ON MARCH 11,2002 TO THE INTERLOCAL AGREEMENT CREATING A TAMPA BAY REGIONAL PLANNING COUNCIL � Dated September 8,1975 1 Section 7. Powers Add subsections: (S) To incur debts,liabilities or obligations which do not constitute the debts, liabilities or obligations of any parties to this agreement. 1. The Council may issue from time to time revenue notes to finance capital improvements. Such notes shall be issued upon such terms, ' containing such provisions,bearing interest at such lawful rate of rates including variable rates having maturity(not exceeding 31 years from the date issuance),and supported by such other documents,all as may be established by the Council. Such revenue notes shall not constitute"bonds"within the meaning of Article VII,Section 12 of the Constitution,which must be approved at an election of the qualified electors of the members. The revenue notes shall not constitute a general obligation of any of the members, the State of Florida or any public agency thereof,or a lien upon any property owned by or situated within the territorial limits of any of the members,the State of Florida or any public agency thereof. The holders of the revenue note shall not have the right to require or compel any exercise of the taxing power of any of the members to pay 4 principal of,redemption premium,if any,and interest on the revenue . notes or to make any other payments provided for in connection therewith. 2. D.ebis, liabilities and obligations authorized by the signatories to this agreement,specifically include,but are not limited to,the under- taking of debt up to$1;000,000 for the purpose of acquiring real and personal'property for COUNCIL offices. t (T) To dispose of any property acquired through the'execution of interlocal. agreement.under Section 163.01,Florida Statute. t. I AMENDMENT ADOPTED BY THE TAMPA SAY REGIONAL PLANNING COUNCIL ON APRIL 8,2002 CREATINC;A TAMPA SAY REGIONAL-PLANNING COUNCIL Dated September 8, 1975 , EXCERPT: . 5. Meetings. a. There shall be an annual meeting for the election of officers which shall be the t 3arivarp December regular meeting of the Council. ! Y ' +1�.���.4�6#l/<'�•J'e'.Mra,LSi:3�d�K,a fft xrr RECEIVED T rmi,t pa v'T'rylonal 111.1wony Cowl,t! CITY LE m' t I F ,1 Chairman N ice, C N)trt1Nl11 Sit'tl+'I+11)'�111'+f•+1 Ik1'1 1'.V'A 1111%C i7111'[11Ir CUL111d1111A1),IC.rr)'King Commissioner N ubarn SluxlI ftnitl t:f+1111111',01t Wi SIPW N 011 \1,111111'L.141I11I1llt-ga May 1,2002 t Ms.Cynthia Goudeau City Clerk City of Clearwater I P.0.Box 4748 Clearwater,FL 33758-4748 The Tampa Bay Regional Planning Council(TBRPC)is requesting to be placed on the City of Clearwater, City Commission,May 16,2002 meeting agenda. The agenda item will include two Interlocal Agreement Atriendments for the Commission's ratification. On Murch 11,2402,and on April 8,2002,the Board of the'rampa I3ay Regional!Tanning Council adopted the enclosed amendments to the Interlocal Agreement creating it'rampa Day Regional Planning Council dated September 8, 1975. Amendment to the Interlocal Agreement, must, of course, he ratified by it majority or the member governments belonging to the TBRPC. 1-or this purpose,l have enclosed a copy of the two amendments and a sample resolution which you may use or modify for ratification. The purpose of the March amendment is to provide authority for the Council to incur debts,liabilities or obligations which do not constitute the debts,liabilities or obligations of any or the member governments, The purpose of the April amendment is to change(lie annual meeting date from the month of January to the month of December. As soon as your board's action has been taken,please Send Tl312PC it Billy executed copy of your resolution. In the meanwhile,I will be happy to provide tiny additional inrormalion or assistance in this matter. Very truly yours, Manny L.Pumariega Executive Director cc:Mayor Brian Aungst Commissioner Bill Jonson enclosures: 2 Amendments Section 163.01 (7)(b). Resolution MLP/ld o•inS iCt))k7r l4uId1.1•Itrtl,`wl v:11,1, til,I4ttt,N)llig,VL 33711'2•'2491' ' i'1u111t'I?:'.71:"+71151."+I 141x li.171 riitl,'-.t tH tit.tit•NIIHtix't'�ia:Stt(it3 ha1):f111�1'sr•.a n l n•,ur�t SAiiIPLF RESOLUTION RESOLU'T'ION# A RESOLUTION RATIFYING AMENDMENTS TO AN INTI:It1,OCAL AGItLE'NIENT . WHICH CREATED A TAMPA BAY' It1aCiIONA1�PLANNINGCi7UNC}L PROVIDING AN EFFECTI1'1 DATE III-AtE,0F, WHEREAS,the fCat-i—tity/City I of Florida,is it member ol'the`Pampa]Jay ltcgionrrl Planning Council created by an Interlocal Agreement dates!September 8, 1 x)75 (subsequently amended),and WHEREAS,Said Agreement provides for rrrnendmentS to(lye Agreement,anti WHEREAS,(lie Board of the Tampa Bay Regional Planning Council did adopt certain amendments to said Agreement on March It,2002 and April 8,2002,and WHEREAS,the Board of the Tampa Ray Regional Planning Council has requested ratification of these amendments by the several member governments, nutiv, rhereibre, BE IT RESOLVED BY THE( MY- (t 1 V tI C;OT�"I`Y_CQM M Rs—sjD- OF THE(CITY/COUNTY),FLORIDA: I Section 1. That the(city council/city no Florida,hereby ratifies and approves Clic above IIII referenced amendments,a copy of which is attached hereto and by rer'erence made it part hereof. Section 2. That A copy of this Itesolution be sent to the Tampa Bay Regional Planning Council. Section 3. That this Resolution shall take efFect immediately upon its adoption. PASSED AND ADOPTED by the(tyCguncii of the City of),Florida',art 141OP'I.'ItI,Y 1. F;C!)'17.D AMENDMENT ADOPTED BY TAMPA BAY REGIONAL PLANNING COUNCIL ON MARCH 11,2002 TO THE INTERLOCAL AGREEMENT CREATING A TAMPA BAY REGIONAL PLANNING COUNCIL Dated September 8,1975 Section 7..Powers Add subsections: (S) To incur debts,liabilities or obligations which do not constitute the debts, liabilities or obligations of any parties to this agreement:. 1. The Council may issue from time to time revenue notes to finance capital improvements. Such notes shall be issued upon such terms, containing such provisions,bearing interest at such lawful rate of rates including variable rates having maturity(not exceeding 31 years from the date issuance),and supported by such other documents,all as may be established by the Council Such revenue notes shall not constitute"bonds"within the meaning of Article VII,Section 12 of the Constitution,which must be approved at an election of the qualified electors of the members. The revenue notes shall not constitute a general obligation of any of the members, the State of Florida or any public agency thereof;ora lien upon any property owned by or situated within the territorial limits of any of the members,the State of Florida or any public agency thereof. The holders of the revenue note shall not have the right to require or compel any exercise of the taxing power of any of the members to pay . principal of,redemption premium,if any,and interest on the revenue notes or to make any other payments provided for in connection therewith. 21 Debts,liabilities and obligations authorized by the signatories to this agreement,specifically include,but are not limited to,the under- taking of debt up to$4,000,000 for the purpose of acquiring real and personal property,for COUNCIL offices. (T) To dispose of any property acquired through the execution of interlocal agreement under Section 163.01,Florida Statute. AMENDMENT ADOPTED BY THE TAMPA BAY REGIONAL PLANNING COUNCIL ON APRIL 8,2002 ' CREATING A TAMPA BAY REGIONAL PLANNING COUNCIL Dated September 8,1975 ' EXCERPT: S. Meetings. s , a. There shall be an annual meeting for the election of officers which•shall be the Decern cr regular meeting of the Council. i Iit'TERGOVERNtIENTAL PROGRAbtS § 163.01 (q) The manner in which strict accountability of all funds shall be provided for and the manner in which reports,including an annual independent audit,of all receipts and disburse- ments shall be prepared and presented to each participating party to the interlocal agree- meet. (r) Any other necessary and proper matters agreed upon by the.participating public agencies. (6) An interlocal agreement may provide for one or more parties to the agreement to administer or execute the agreement. One or more parties to the agreement may agree to provide all,or a part of the services set forth in the agreement in the manner provided in the agreement. The parties may provide for the mutual exchange of services without payment of any contribution other than such services. (7)(a)An interlocal agreement may protide for a separate legal or administrative entity to administer or execute the agreement, which may be a commission, board, or council constituted pursuant to the agreement. Fobfigationswhich separate legal or administrative entity created by an interlocal agreement shall the common power specified in the agreement and may exercise it in the manner or ng to the method prodded in the agreement. The entity may,in,addition to its other be authorized in its own name to make and enter into contracts; to employ agencies loyees; to acquire, construct, manage, maintain, or mperate buildings. vvrorks, or ments; to acquire, hold, or dispose of property; and to incur•debts, liabilities, or I do not constitute the debw,liabilities,or obligations of any of the parties to eement. c No separate legal or administrative entity created by an interloc agreement shat possess the power or authority to levy any type of tax within the boundaries of any governmental unit participating in the interlocal agreement,to issue any type or bond in its own name, or in any way to obligate financially a government:d unit participating in the interlocal agreement. However,any separate legal entity,the membership of which consists only of electric utilities as defined in s. 361.11(2) and which is created for the purpose of exercising the powers granted by part II of chapter 3G1, the Joint Power Act,may,for the purpose of financing or refinancing the costs of an electric project, exercise all powers in connection with the authorization,issuance,and sale of bonds as are conferred by parts I,II, and III of chapter 159 or part II of chapter 166, or both. Any such entity may also issue bond anticipation notes, as provided by s. 215.431, in connection with the authorization, issuance,and sale of such bonds. All of the privileges,benefits,powers,and terms of parts I, 11,and III of chapter 159 and part II of chapter 166,notwithstanding any limitations provided above,shall be.fully applicable to such entity. In addition,the governing body of such legal entity may also authorize bonds to be issued and sold from time to time and delegate,'to such officer,official,or agent of such legal entity as the governing body of such legal entity shall select,the power to determine the time; manner of sale,public or private; maturities; rate or rates of interest,which may be fixed or may.vary at such time or tunes and in accordance with a specified formula or method of determination; and other terms and conditions as may be deemed appropriate by the officer,official,or agent so designated by the governing body of such legal.entity..However,the amounts and maturities of such bonds and the interest rate or.rates on such bonds shall be within the limits prescribed by the governing body of such legal entity in its resolution delegating to such officer,official,or agent the power to authorize the issuance and sale of such"bonds."Bonds issued pursuant to this section may be validated as provided in chapter 75 and paragraph (15)(1). However,the complaint in any action to validate such bonds shall be filed only in the Circuit Court for Leon County. The notice regWred to be published by s.75.06 shall be published only in Leon County,and the complaint and order of the.aircuit court shall be served only on the State Attorney of the Second Judicial Circuit and an the state attorney of each circuit in which a public agency participating In the electric project lies.• Notice of such proceedings shall be published in the manner and at the time required by s.75.06 in Leon County and in each county in which any , portion of any public agency participating in the electric project lies. (d) Notwithstanding the provislons'of paragraph (c), any separate legal entity created 'pursuant to this section and controlled by the municipalities or counties of this state or by one or more municipality and one or more county of this state,the membership of which consists 53