HomeMy WebLinkAboutSave Our IRL Local Infra Surtax Agrmt 1-31-18 SAVE OUR INDIAN RIVER LAGOON LOCAL INFRASTRUCTURE SURTAX
INTERLOCAL AGREEMENT
This Save Our Indian River Lagoon Local Infrastructure Surtax Interlocal Agreement
(the "Interlocal Agreement"), was made and entered into this day of , 2017, by
and between The Board of County Commissioners of Brevard County, Florida, a political
subdivision of the State of Florida ("County") and
a Florida municipal corporation existing under the laws of the State of Florida("City").
WITNESSETH
WHEREAS, pursuant to the authority granted under Section 212.055(2)(a), Florida
Statutes, Brevard County Ordinance No. 16-15 (the "Ordinance"), and the vote of a majority of
the qualified electors of Brevard County in a referendum held on November 8, 2016, the County
levied a countywide one-half cent discretionary Save Our Indian River Lagoon local
infrastructure surtax (the "Surtax"), commencing on January 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 County and several municipalities in Brevard County entered into such
an interlocal agreement(the "Prior Agreement") in order to meet a deadline set by the Supervisor
of Elections for submitting ballot language prior to the referendum held on November 8, 2016;
and
WHEREAS, the parties to the Prior Agreement saw the urgent need to implement the
"Save Our Indian River 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,the parties to the Prior Agreement deemed it in the best interest of all of the
citizens, residents, and property owners of Brevard County that the proceeds of the Surtax 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; and
WHEREAS, in the time since the Prior Agreement was entered, further concerns and
considerations have been raised in regards to the distribution of Total Maximum Daily Load
credits and potential permitting limitations for municipal signatories, making it desirable to
modify the Prior Agreement.
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NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions,
promises, and covenants hereinafter set forth, the County and City agree to perform the
following acts and to be bound by the following statements:
1. RECITALS. 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. PRIOR AGREEMENT SUPERSEDED. If the City was a party to the Previous
Agreement, this Interlocal Agreement supersedes and replaces the Previous Agreement.
3. USE AND DISTRIBUTION OF SURTAX. It is the intent of the parties hereto
that even though this Interlocal Agreement is separately executed by the County with multiple
municipalities, that all of such separately executed agreements shall be construed to constitute a
single Interlocal Agreement which provides for the use and distribution of the proceeds from the
Surtax as follows:
a. Any and all revenue generated by the Surtax shall continue to be deposited into
the Save Our Indian River Lagoon Trust Fund, administered by the County, and
used for restoration projects and programs in the manner prescribed in the
Ordinance and the Save Our Indian River Lagoon Project Plan; and
b. The Save Our Indian River Lagoon Citizen Oversight Committee, as established
in the Ordinance, 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.
4. MUNICIPAL PERMITTING NOT RESTRICTED. Nothing in this Interlocal
Agreement or the Save Our Indian River Lagoon Project Plan shall be read to limit any
municipal signatory's ability to obtain permits from the Florida Department of Environmental
Protection, the St. John River Water Management District, or any other governing and/or
permitting authority.
5. TOTAL MAXIMUM DAILY LOAD ("TMDL")CREDITS.
a. Any and all TMDL credits accrued as a result of Surtax expenditures made shall
be distributed, to the extent permitted by law, between entities that have
jurisdiction within the Florida Department of Environmental Protection (FDEP)
Basin Management Action Plan (BMAP) watershed within which the project is
located, and according to the following population-based distribution formula:
i. The proportion for the county government shall be computed by dividing the
sum of the unincorporated area population within the BMAP watershed where
the project is located by the sum of the total population within that same
BMAP watershed.
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ii. The proportion for each municipal government shall be computed by dividing
the population of that municipality within the BMAP watershed where the
project is located by the sum of the total population within that same BMAP
watershed.
iii. For the purposes of this section, until the census block data for the 2020
United States Census becomes available, population shall be calculated using
the population estimates of local governmental units in Florida as of April 1,
2016, as published by the University of Florida Bureau of Economic and
Business Research. See Exhibit A attached hereto for TMDL credit
distributions based on 2016 population estimates.
iv. At such time as the census block data for the 2020 United States Census
becomes available, and continuing thereafter, population shall be calculated
by using the most recent census block data published by the United States
Census Bureau.
b. Should a project use both Surtax monies and contributions made by other
government entities, such as a city, all TMDL credits accrued for the project will
be distributed pro rata in the same ratio as the entity's contribution to the total
project cost, if allowed by law, or as otherwise agreed to by the contributing
entities. The formula in 5.a.i. through 5.a.iv. applies only to the distribution of
TMDL credits accrued by expenditure of Surtax monies.
c. Should expenditures be made with grant monies, cost share contracts or
legislative appropriations, whichever entity applied for and received the additional
funds shall be the recipient of the pro rata share of TMDL credits that accrue from
the expenditure of such additional funds.
6. INTERLOCAL AGREEMENT. This Interlocal 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 the Ordinance. It is
governed by the laws of Florida.
7. MODIFICATION. This Interlocal Agreement may be amended, supplemented or
cancelled only by a written instrument duly executed by the parties hereto.
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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
Interlocal Agreement shall take effect upon the date of execution by the last party to the
Interlocal Agreement.
Brevard County, Florida
Signed:
Typed Name: Curt Smith
Title: Chairman
Date:
Attest:
Scott Ellis, Clerk
Reviewed for legal form and content by:
Christine Valliere, Assistant County Attorney
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EXHIBIT A-DISTRIBUTION OF TMDL CREDITS
TABLE I: TOTAL POPULATION
City/Town Population (2016) Percent Sub-Lagoon
130))0044104)6141.0100011404110d" ) , 7;4% _ l 11F L CIRL
Cape Canaveral 10,171 ; 1.8% BRL
.., w� _ 488 ;.
Cocoa Beach 11,276 2.0% BRL
!Ate. 4, .3 ` 0116
Indialantic 2,811 0.5% NIRL, CIRL
.,. :H 'a"' 76"4-7-1-461; 6, C
Malabar 2,817 0.5% CIRL
raj-
11
8ti9 14 '� l�i1Rl ,CIRL
Melbourne Beach 3,076 0.5% CIRL
Verige
"
Palm Bay 109,162 19.2% CIRL
Rockledge 26,303 4.6% NIRL
eath 101.85 1S% SRL
Titusville 46,022 8.1% NIRL
West'Melbourne 20,640 3:3% GIRL
TABLE 2: BANANA RIVER LAGOON BMAP WATERSHED
City/Town Population (2016) Percent
Br !rd County(Unincorporated) 97,000 70,8%
Cape Canaveral 10,171 7.4%
C Beath ch 11,275
_ - � s:2%
Indian Harbour Beach 8,446 6.1%
Satellite Beath 10,485 7.6%
TABLE 3: NORTH IRL BMAP WATERSHED
City/Town Population (2016) Percent
Brevard County(Unincorporated) I 44,675] 23.8%
Cocoa 18,833 10.0%
i1-antic I 1,181 mI 0.6%
Melbourne 49,860 26.5%
Palm Shores . 979 I 0.5%
Rockledge 26,303 14.0%
Titusville 46,022 I 24.5%
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TABLE 4: CENTRAL IRL WATERSHED
City/Town Population (2016) Percent
fireVardSPunti(Unincorporated)_I _70,204 1 :28:9%
Grant-Valkaria _ 4,073 1.7%
1,6301 0.7%
Malabar 2,817 1.2%
. rK i _ ._ - O 126%
Melbourne Beach 3,076 1.3%
+ i urs l '100 O,3%
Palm Bay 109,162 45.0%
wrtlbourna ___ 1 2o,840 8.3%
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Cape Canaveral , Florida
(Municipality)
Signed: _
Typed Name: David L. Greene
Title: City Manager
Date: January 31, 2018
Attest: �./_ AL.,
Typed Name: Mia Goforth
Title: City Clerk
Date: January 31, 2018
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