INTERLOCAL AGREEMENT TO LEVY A LOCAL GOVERNMENT INFRASTRUCTURE SALES SURTAX - PENNY FOR PINELLASINTERLOCAL AGREEMENT
PENNY FOR PINELLAS
Pinellas
County
COPIES TO
CITY COUNCIL
AUG 29 2001
PRESS
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OFFICE OF MANAGEMENT AND BUDGET
MEMORANDUM
TO:
The Honorable Mayors and City Managers of Pinellas County
Jerry Herron, Budget Manage~
John Woodruff, Interim Budget Direct@-
Revised Request to Execute Interlocal Agreement-"Infrastructure Sales Surtax"
FROM:
THRU:
SUBJECT:
DATE:
August 27,2007
DISTR.:
The Honorable Chairman and Members of the Board of County Commissioners
Dennis Long, County Attorney's Office
We recently sent you a proposed Interlocal Agreement for the Year 2010 to 2020 Infrastructure Sales
Tax (Penny for Pinellas). Please note this Agreement has been revised as per the request of several
City Attorney's. The revised Agreement, that should be executed and returned to the County, is
attached. Below is a note forwarded to us by our County Attorney, which explains the specific
revision.
"Attached is the revised Interlocal Agreement with the cities regarding the distribution
formula for the 3rd ten year extension of the voter approved infrastructure sales surtax.
The Interlocal Agreement recently distributed to the cities was approved by the BCC in
December, 2006 and included certain references to the anticipated approval by the
electorate. Several city attorneys have noted that the 4th Whereas clause and Section
1.B are not up to date regarding the referendum approval, and have proposed revising
the agreement to reflect that the extension was approved. While in my opinion it is not
legally necessary to revise the agreement, it is certainly appropriate to update the
agreement as requested. Therefore, I recommend that this revised Interlocal be
forwarded to the cities for their consideration and approval. Of course, the revised
agreement will have to be scheduled for County Commission approval after approved by
the cities. I also again want to point out that as clarified in this agreement, Section
212.054(5), Florida Statutes, provides that all discretionary surtaxes must take effect on
January 1 and terminate on December 31, and the Department of Revenue required that
the 10 year extension period be adjusted to begin on January 1, 2010 to conform to the
statutory requirements. If you have any questions, please contact me. Also, please note
that Section 2(c)(1) was revised to reflect the correct average monthly funding amount. "-
Dennis Long, Managing County Attorney
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Our office has mailed to all City/Town Mayors and City Managers a copy of the revised
interlocal agreement and a separate signature page for each municipality. As before, we ask
that you execute two originals of the revised Interlocal Penny for Pinellas Agreement, and return
along with the Gas Tax Agreement no later than September 14th to:
Pinellas County Office of Management & Budget
Attention: Jerry Herron
509 East Avenue South, Room 225
Clearwater, FL 33756
Following our Board's execution one original will be returned for your file.
Thank you in advance for your cooperation in this matter. If you have any questions feel free to
contact our Office of Management & Budget at 464-3506.
Attachment
II
No.
BCC
3:00 P.M.
4-22-08
Smitke/PENHALE
AI
#29 Execution of Interlocal Agreements with various municipalities received to date
and yet to be received providing for the distribution of the infrastructure sales
surtax (Penny for Pinellas from the year 2010 to the year 2020) approved;
execution of the companion St. Petersburg/Pinellas County Interlocal Agreement
providing further details regarding the County's commitment to implement
projects within the St. Petersburg area approved (Management and Budget).
Motion Commissioner Harris
Second Commissioner Duncan
Commissioner Seel requested that separate action be taken on the St.
Petersburg/Pinellas County Interlocal Agreement; whereupon, Commissioner
Harris withdrew his motion and moved, seconded by Commissioner Seel, that the
execution of Interlocal Agreements with various municipalities be approved, not
including the companion St. Petersburg/Pinellas County Interlocal Agreement.
Motion Commissioner Harris
Second Commissioner Seel
Discussion ensued wherein Mr. Marquis stated that without approval of the
companion agreement, some of the agreements with other cities might fall; and
Commissioner Seel indicated that approval of the companion agr~ement could
possibly take away part of the budget for other projects; whereupon, she
expressed concern regarding the matter of prioritization.
Following discussion, Commissioner Harris withdrew his motion for separate
action on the agreements and reiterated his original motion for approval of the
execution of Interlocal Agreements with various municipalities and the St.
Petersburg/Pinellas County Interlocal Agreement, seconded by Commissioner
Duncan.
Motion
Second
Vote
Commissioner Harris
Commissioner Duncan
5 - 1 (Commissioner Seel dissenting)
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INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into as of this
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rJ.. ~ day of ~ ' 200t, by and between Pinellas County, a political subdivision
of the State of Florida, hereinafter referred to as the "County", and the municipalities within
Pinellas County as set forth on the signature pages attached hereto, hereinafter referred to as
the "Cities."
RECITALS:
WHEREAS, Section 212.055(2), Florida Statutes, authorizes the County to levy a local
government infrastructure sales surtax of one percent (1 %) throughout Pinellas County, Florida
("Infrastructure Sales Surtax"), subject to referendum approval, to finance, plan and construct
infrastructure as defined therein, and on November 7, 1989, the levy of the Infrastructure Sales
Surtax for an initial ten (10) year period was approved by a majority of those voting on the
question at a referendum; and
WHEREAS, as provided by Section 212.055(2), Florida Statutes, the net proceeds of the
surtax may be distributed as provided in an interlocal agreement, and the County and the Cities
entered into an Interlocal Agreement dated September 19, 1989 providing for the distribution of
the Infrastructure Sales Surtax, which expired January 31, 2000; and
WHEREAS, on March 25, 1997, the extension of the Infrastructure Sales Surtax for an
additional ten (10) years was approved by majority of those voting on the question at a
referendum, and the County and the Cities entered into an Interlocal Agreement dated August
6, 1998 providing for the distribution of the Infrastructure Sales Surtax, which expires on
January 31, 2010; and
WHEREAS, the County and the Cities recognize a continuing need to fund critical
infrastructure improvements, and the question of extending the Infrastructure Sales Surtax for
an additional ten (10) years was approved by the electorate at a special election called for
March 13, 2007; and
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WHEREAS, pursuant to the request of the Florida Department of Revenue, the
extension period was adjusted to begin on January 1, 2010, to comply with the requirements of
Section 212.054(5), Florida Statutes, with collections of the Infrastructure Sales Surtax
commencing on February 1, 2010 ("Commencement Date"); and
WHEREAS, the parties further recognize that it is in the best interest of the County and
the Cities to enter into an interlocal agreement which will run concurrently with the extended
levy of the Infrastructure Sales Surtax, if approved, for the purpose of providing for the
distribution among the County and the Cities as provided herein.
NOW, THEREFORE, in consideration of the covenants herein contained, and other
good and valuable consideration, the County and the Cities agree as follows:
Section 1. CONDITION PRECEDENT
This Agreement shall be effective upon the satisfaction of the following condition
precedent:
A. Each City shall furnish to the County evidence that its governing body has
adopted a plan which specifies the infrastructure projects to be funded by that City's portion of
the Infrastructure Sales Surtax ("Infrastructure Projects").
Section 2. DISTRIBUTION OF INFRASTRUCTURE SALES SURTAX
A. "Net Proceeds" shall mean the amount of the Infrastructure Sales Surtax
collected in Pinellas County by the Florida Department of Revenue, less the Department's
administrative costs, as provided by law.
B. During the term of this Agreement, the Infrastructure Sales Surtax shall be
collected by the Florida Department of Revenue and the Net Proceeds shall be distributed
monthly to the County for distribution in accordance with the terms of this Agreement.
C. The Net Proceeds shall be distributed between the County and the Cities within a
reasonable time after receipt, as follows:
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(1) Jail and criminal justice related facilities will be funded on a priority basis
in the total amount of Two Hundred and Twenty Five Million Dollars ($225,000,000.00) pro-rata
over the ten (10) year term of this Agreement. Therefore, before the County distributes the Net
Proceeds received by it for any month, it shall apply to the funding of jail and criminal justice
related facilities so much of such Net Proceeds as shall equal the lesser of (1) the Net Proceeds
received by the County for such month, or (ii) an amount which, when added to all Net Proceeds
so applied previously, will result in an average monthly funding of One Million Eight Hundred
Ninety Thousand Seven Hundred Fifty Six and 30/100 Dollars ($1,890,756.30) for such month
and all prior months for which the County has received Net Proceeds during the term of this
Agreement as provided in Section 4.
(2) The remainder of the Net Proceeds will be distributed as follows:
Pinellas County
Belleair
Belleair Beach
Belleair Bluffs
Belleair Shore
Clearwater
Dunedin
Gulfport
Indian Rocks Beach
Indian Shores
Kenneth City
Largo
Madeira Beach
North Redington Beach
Oldsmar
Pinellas Park
Redington Beach
Redington Shores
Safety Harbor
St. Pete Beach
St. Petersburg
Seminole
South Pasadena
Tarpon Springs
Treasure Island
52.3326%
0.2969%
0.1180%
0.1619%
0.0052%
7.9761 %
2.6907%
0.9297%
0.3823%
0.1298%
0.3282%
5.2644%
0.3256%
0.1116%
0.9931%
3.4393%
0.1151%
0.1692%
1.2869%
0.7233%
18.2917%
1.2868%
0.4220%
1.6751%
0.5445%
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D. In the event any municipality in Pinellas County does not sign this Agreement, or
notifies the County in writing that it does not wish to receive any undistributed Net Proceeds to
which it is entitled, its percentage of proceeds shall be distributed pro-rata to the other parties in
accordance with the formula set forth in Section 2(C)(2) (after excluding such City's
percentage) .
Section 3. EXECUTION AND EFFECTIVE DATE
This Agreement may be signed in counterparts by the parties hereto. This Agreement
shall take effect upon the last date of execution by' a party to this Agreement, but in no event
later than February 1, 2010.
Section 4. TERM OF AGREEMENT
The term of this Agreement shall run concurrently with the levy of the Infrastructure
Sales Surtax, said levy being authorized for ten (10) years commencing on January 1, 2010.
Section 5. ANNUAL REPORTING REQUIREMENTS
Each City signing this Agreement shall annually file with the County its Capital
Improvement Plan and shall identify therein any material changes in the Infrastructure Projects.
Section 6. PRIOR INTERLOCAL SUPERSEDED.
The distribution terms of this Agreement shall supersede the distribution formula
contained in the prior interlocals between the parties hereto, and the distribution of the
Infrastructure Sales Surtax shall be governed specifically by the terms of this Agreement as of
the Commencement Date. During the period between when this Agreement is approved by the
parties hereto and the Commencement Date, the Infrastructure Sales Surtax shall be distributed
in accordance with the Interlocal Agreement dated August 6, 1998, which terminates on January
31,2010.
Section 7. ABILITY TO PLEDGE
The parties' respective portions of the Infrastructure Sales Surtax may be pledged by the
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County or the Cities to secure revenue bonds or other obligations as provided in Section
212.055(2), Florida Statutes.
Section 8.
SEVERABILITY
If any provision of this Interlocal Agreement is held invalid, the invalidity shall not affect
other provisions of the Interlocal Agreement which can be given effect without the invalid
provision or application, and to this end, the provisions of this Interlocal Agreement are
severable.
Section 9.
AMENDMENTS TO AGREEMENT
This Agreement may be amended, in writing, upon the express written approval of the
governing bodies of all the parties.
Section 10. FILING OF AGREEMENT
This Agreement shall be filed with the Clerk of the Circuit Court as provided in Section
163.01 (11), Florida Statutes.
IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be
affixed hereto by the proper officers thereof, as of the day and year first above written.
ATTEST:
KEN BURKE, CLERK
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