Loading...
INTERLOCAL RE GULF BEACH CORRIDOR IMPROVEMENT PROGRAM ,'"~. + . t: ~ , INTERLOCAL AGREEMENT Between Pinellas County, Florida And The City of Clearwater, Florida dated June 1,2002 (;r) . . ~ 1- , T 1 'f > 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 ....... ................. ........... ...... ............................. 6 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 ...........7 SECTION 3.05 MISCELLANEOUS... ................................................................;............... 8 SECTION 3.06 MODIFICATION OR AMENDMENT ...... .................. .............. ........ ............... 8 1 l''''' . T -, r INTERLOCAL AGREEMENT This INTERLOCAL AGREEMENT ("the Interlocal Agreement") is made as of this pt day of June, 2002, by and between PINELLAS COUNTY, FLORIDA, a political subdivision of the State of Florida (the "County") and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida (the "City"). 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 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 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 urns, (g) gateway elements, (h) smart street components, (i) bike trail, (j) crosswalks, (k) tree grates, (1) traffic signal mast arms, (m) 1 f 1 1 , t 1 ~ , - 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 (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 (e) The Utility Relocation will benefit the transportation facilities of the City and the County by: 2 .' (i) removing the visual competition of the overhead power system, which improves public safety by makingsignage 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; (ill) 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 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 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 findings 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 such Utility Relocation therefore shall serve a public purpose and constitutes a "public facility;" 3 - , , ~.,. r 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 Interlocal Agreement shall constitute the evidence of indebtedness of the 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 Revenues; 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 Interlocal Agreement, the City and County agree as follows: 4 , '- 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 of law (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 sales surtax pursuant to Chapter 212, Part I, Florida Statutes, as amended, and distributed to the City pursuant to the Sales Tax Revenue Interlocal Agreement, all after payment of all amounts and making of all required deposits pursuant to City Ordinance 6352-99, as amended, which authorized the issuance of $46,445,000 Sales Tax Revenue Bonds, Series 2001 and parity bonds thereunder. 5 , '- "Project" is defined in the fourth WHEREAS clause hereof. "Sales Tax Revenue Interlocal 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 Interlocal Agreement is hereby issued by the City as evidence of such indebtedness. The City shall keep accurate books and records, and 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. 6 :.. ) r r r' _I ARTICLE III TERM AND MISCELLANEOUS SECTION 3.01 Term This Agreement shall commence on June 1, 2002 and shall terminate at midnight on the date on which the final City Payment is made in accordance with this Agreement. 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. 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 7 ,. It '" ~.f 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 Plede:ed. 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 Bude:ets. The City shall prepare, approve and adopt each year, in the manner provided by law, a detailed annual budget pursuant to which it shall 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. 8 : ~~ r IN WITNESS WHEREOF, the undersigned have hereunto affixed their hands and seals the day and year first written above. ATTEST: ",~~EN F. DeBLAKER, CLERK , 'l " I ~ '. ",\. ',., \"t', Ptl D I,' "" . 'J "_'\;b}I-t., I {>I 1'..~ '. .......t" ..........'.;~:;~.... \...'.'...............'.......'...~...'./..'.<'..~:.\...... . /J /7. '. ..,.$'......~~~ ,.' ~j; l '~'" ~pu'ty:Cferk - \:~. \ ..:~'::'.,~ .,.} . ~ . ....,,[Seal] ,.-", r :""! ,-; """', '. '" PINELLAS COUNTY, FLORIDA, by and through its Board of County Commissioners By: ~CLUA^-- LJ~Ccr~ ~ U i( <- Chairman .. .. ,",.. '." ~'., APPROVED AS TO FORM: BY:~' Office of the County Attorney ATTEST: By: ~./ ' ~"..~D'L-~ Ci Clerk [Seal] CITY OF CLEARWATER By g/~ ---...... '.' ~yor "',' APPROVED AS (j~ By: r'~ City Attorney J:\Bonds\401701\lA-6.doc 9 :BOARD OF COUNTY COMMISSIONERS PINELLAS COUNTY, FLORIDA 815.COlJRTSTR.EET CLEARWATE R,.. FLORI DA.33756 COMMISSIONERS: BARBARASHEENTOOO - CHAIRMAN KAREN WilLIAMS SEEL - VICE CHAIRMAN CALVIN O.HARRIS SUSAN LATVALA JOHI'! MORRONI ROBE;:RT B. STEWART KENNETH T. WELCH JUl 0 8 2002 PHONE: (727) 464-3354 FAX (727) 464-4147 CITI :p.!".. III. _ . .;T '~'~-::\i'.r SUSAN H. CHURUTI COUNTY ATTORNEY July 1,2002 Cynthia E. Goudeau, City Clerk City of Clearwater 112 S. Osceola Avenue P.O. Box 4748 Clearwater, FL 33758 RE: Interlocal.Agreement between the City of Clearwater and Pinellas County for the Gulf Beach Corridor Improvement Program Dear Ms. Goudeau: Enclosed please find one fully executed original of the above-captioned agreement, which was approved by the Board of County Commissioners. L ~~. Very truly yours, Susan H. Churuti County Attqrney SHC:sme Enclosure F:\USERS\A TTY\A TYKB06\ WPDOCS\CONTRACT\COCGulfBlvdAgreementLtr.rtf "Pinellas County isariEqualOpportunityEmployer" · Member-Pinellas Partnership for a Drug Free WorkplaCe C: printed on recycled' paper