HomeMy WebLinkAboutIRL Interlocal Agreement 2016 (Tentative-Awaiting Signatures) INTERLOCAL AGREEMENT
This Interlocal Agreement, was made and entered into this day of , 2016,
by and between Brevard County, Florida ("County") and [Municipalities Here], all of which are
political subdivisions of the State of Florida and collectively are referred to herein as "Parties."
WITNESSETH
WHEREAS,it is critical that this interlocal agreement be executed by all parties on or
before August 23, 2016 in order to meet the deadline set by the Supervisor of Elections for
submitting ballot language; and
WHEREAS,the Board of County Commissioners of Brevard County, Florida,has been
granted authority under Section 212.055(2)(a), Florida Statutes, to levy for a period of ten (10)
years from the date of levy, a discretionary infrastructure sales tax of a one half cent,pursuant to
ordinance enacted by a majority of the members of the Board of County Commissioners and
approved by a majority of the electors of the County voting in a referendum on the surtax; and
WHEREAS, Section 212.055(2)(d)1., Florida Statutes, defines "infrastructure"to mean
"[a]ny fixed capital expenditure or fixed capital outlay associated with the construction,
reconstruction, or improvement of public facilities that have a life expectancy of 5 or more years,
any related land acquisition, land improvement, design, and engineering costs, and all other
professional and related costs required to bring the public facilities into service. For purposes of
this sub-subparagraph, the term "public facilities"means facilities as defined in s. 163.3164(38),
s.163.3221(13), or s. 189.012(5),regardless of whether the facilities are owned by the local
taxing authority or another governmental entity; and
WHEREAS, Sections 163.3164(38), 163.3221(13), and 189.012(5), Florida Statutes all
define the term"public facilities"to include parks and recreational facilities; and
WHEREAS,based upon Florida law, the County comprehensive plan, a 1987 EPA
designation, and findings by the Florida Legislature, the Parties find that the Indian River
Lagoon is a"public facility" as that term is defined in section 212.055(2), Florida Statutes; and
WHEREAS,the Parties see the urgent need to implement the "Save Our Lagoon Project
Plan,"with the aim to restore the Indian River Lagoon through financing, planning, constructing,
maintaining, and operating capital improvements and capital maintenance projects and programs
designed to improve water quality, fish, wildlife and marine habitat, remove muck and reduce
pollution, as permitted under Section 212.055(2)(d)1., Florida Statutes; and
WHEREAS,such infrastructure projects are more equitably funded by revenue sources
other than ad valorem taxation; and
WHEREAS,the Board of County Commissioners of Brevard County, Florida, has
promulgated Brevard County Ordinance no. 16- , ("the Ordinance")imposing a one half cent
discretionary infrastructure sales tax for a period of ten (10) years from the date of levy, for the
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purposes expressed above, subject to approval of said surtax by a majority vote of those qualified
electors of Brevard County voting in a referendum to be held on November 8, 2016; and
WHEREAS,it is contemplated that if approved in said referendum, said one half cent
discretionary infrastructure sales tax shall be imposed and collected countywide, commencing on
February 1, 2017, and continuing thereafter for a period of ten (10) years until December 31,
2027; and
WHEREAS, section 212.055(2)(c), Florida Statutes requires distribution of an interlocal
agreement between the county governing authority and the governing bodies of the
municipalities representing a majority of the county's municipal population in order to determine
the distribution of the revenues derived from the half cent discretionary infrastructure sales tax in
lieu of using the statutory formula set forth in section 218.62, Florida Statutes; and
WHEREAS,the parties have determined that it is in the best interests of all residents and
property owners in Brevard County that all revenues derived from the half cent sales tax levied
for projects and programs for the restoration of the Indian River Lagoon, as those projects and
programs are described in the Ordinance; and
WHEREAS,the Parties deem it in the best interest of all of the citizens and residents of
Brevard County, Florida, that the proceeds of the one half cent discretionary infrastructure sales
tax,if approved by the qualified electors of Brevard County voting in the above-referenced
referendum to be held on November 8, 2016,be used to fund projects and programs designed to
restore the Indian River Lagoon in the manner set forth in the Ordinance, including operations,
maintenance and reasonable administrative costs of those projects and programs:
NOW, THEREFORE,Brevard County and [Municipalities Here] agree as follows:
1. The recitals set forth hereinabove are true and correct in all respects and are
incorporated herein by reference as if set forth herein verbatim.
2. The parties hereby acknowledge that the County has taken, or will take, such
action as necessary to place the issue of levy of a one half cent discretionary infrastructure sales
tax before the voters of Brevard County on the ballot in the referendum to be held on November
8, 2016.
3. If the levy of the one half cent discretionary infrastructure sales tax is approved in
the November 8, 2016 referendum, upon implementation by ordinance of the sales tax by the
County, any and all revenue generated by said tax shall be deposited into the Save Our Lagoon
Trust Fund and used for Lagoon restoration projects and programs in the manner prescribed by
the County Save Our Lagoon ordinance to be enacted on August 23, 2016,provided that the
County and the governing bodies of the municipalities representing a majority of the county's
municipal population execute a copy of this agreement.
4. It is the intent of the Parties that even though this interlocal agreement is
separately executed by the County with multiple municipalities, that all of such separately
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executed agreements shall be construed to constitute a single interlocal agreement which
provides for the use and distribution of the proceeds from the one half cent infrastructure surtax
as follows:
a. Any and all revenue generated by the surtax will be deposited into the Save Our
Lagoon Trust Fund, administered by the County, for financing the implementation
of the Save Our Lagoon Project Plan; and
b. The Indian River Lagoon Advisory Committee, as established in Brevard County
Ordinance no. 16- , will assist the County with annual plan updates and may
review any proposed capital improvement,project, program, audit or other matter
presented to it by the Board of County Commissioners for a recommendation to
the County Commission.
5. This Agreement is an interlocal agreement, as contemplated by Chapter 163, Part III,
Florida Statutes, and other applicable law. This interlocal agreement adopts, incorporates
and ratifies the provisions of Brevard County Ordinance no. 16- . It is governed by the
laws of Florida.
6. This Agreement and its exhibits may only be amended, supplemented or cancelled only
by a written instrument duly executed by the parties hereto.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day
and year indicated next to the signature of their respective authorized representatives and this
agreement shall take effect upon the date of execution by the last party to the agreement, the "last
party" being defined as the authorized representative of the Brevard County municipality whose
city population will cause the total population of cities executing this agreement to exceed 50%
of the total municipal population in the County, as that total is set forth on Exhibit A, attached
hereto.
BREVARD COUNTY, FLORIDA
By:
Jim Barfield, Chair
ATTEST:
Clerk
DATE:
CITY OF CAPE CANAVERAL , FLORIDA
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B :
Y
Robert E. Hoog , Mayor
ATTEST: t, /' t.,' •,
Cl-
DATE: , 8/16/2016
CITY OF , FLORIDA
By:
, Mayor
ATTEST:
Clerk
DATE:
CITY OF , FLORIDA
By:
, Mayor
ATTEST:
Clerk
DATE:
CITY OF , FLORIDA
By:
, Mayor
ATTEST:
Clerk
DATE:
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