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HomeMy WebLinkAboutResolution No. 1989-51RESOLUTION NO. 89 -51 A RESOLUTION AUTHORIZ AND THE CITY CLERK TO INTERLOCAL AGREEMENT COUNTY FOR SHARING OF (1%) DISCRETIONARY SALES TAX IF PASSED ELECTION; PROVIDING DATE. ING THE MAYOR ENTER INTO AN WITH BREVARD A ONE PERCENT INFRASTRUCTURE BY REFERENDUM AN EFFECTIVE BE IT RESOLVED, by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. The Mayor and City Clerk are hereby authorized to execute an interlocal agreement with Brevard County for sharing of a one percent (1 %) discretionary infrastructure sales tax if passed by referendum election. A copy of said agreement is attached hereto and made a part hereof by reference. SECTION 2. This Resolution shall become effective immedi- ately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 5th day of September , 1989. C-*� .S M=1#0 , r NAME YES' NO HOOG X KIDD I X RANDELS X SS LAMONE X Thurm X r N f d INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT, made and entered into this 12th day of September , 1989, by and between the BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "County," and the CITY OF Cape Canavera; FLORIDA, a municipality located within Brevard County, Florida, hereinafter referred to as "City." W I T N E S S E T H 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 up to fifteen (15) years from the date of levy, a discretionary infrastructure sales tax of 0.5% or 1 %, pursuant to ordinance enacted by a majority of the members of the Board of County Commissioners and approved by majority of the electors of the County voting in a referendum on the surtax; and WHEREAS, Brevard County is in need of financing, planning, acquiring, constructing and improving County jail facilities, a County -wide emergency radio system, criminal justice facilities, renovations to the Titusville Courthouse; and County fire stations; and the municipalities within Brevard County have need to construct various infrastructure projects, as permitted under Section 212.055(2), 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 enacted Brevard County Ordinance No. 89- 44 iapocing a one 111 %) percent discretionary infrastructure sales tax for a period of five (5) years from the date of levy, for the purposes expressed above, subject to approval of said surtax by a majority vote of those Attachment to Resolution No. 89 -51 qualified electors. of Brevard County voting in a referendum to be held on November 7,'1989; and WHEREAS, if approved in said referendum, said one (1%) percent discretionary infrastructure sales. tax shall be imposed and collected County -wide, commencing on February 1, 1990, and continuing thereafter for a period of approximately five -(5) years until September 30, 1994; and WHEREAS,. the Board of County Commissioners of Brevard County, Florida, and the City Council of the City of cane Canaveral , deem it in, the best interest of all of the citizens and residents' of 'Brevard County, Florida, that a portion of. the proceeds of said one (1 %) percent discretionary infrastructure sales tax, if approved by. the qualified electors of. Brevard, County voting in the above referenced referendum to be held on November. 7; 1989, be used - to fund the construction of anew County jail facility serving- all of the citizens, of Brevard County, Florida, and otherwise. be divided in accordance -with the. equitable ..distribution formula set forth below. NOW, THEREFORE, the County and the City hereby agree as follows: 1. That the parties hereby acknowledge that the County has taken'- or will take such .action as . is necessary to place the issue of levy of a one (1%) percent 'discretionary infrastructure sales tax before the voters of Brevard County on the ballot in the special referendum election to be held November 7, '1989. 2. If the levy of the one (1%) percent discretionary infrastructure. sales tax -is approved in the November 7, 1989, referendum, and upon implementation by ordinance of the sales. tax by the. County, the proceeds of said tax shall be used and distributed as follows: (a) That the proceeds thereof shall be divided among and distributed to the County and the various .2 Attachment to Resolution No. 89 -51 municipalities within Brevard County, in accordance with the formula for distribution of the local government portion of the current state sales taxes as provided under Section 212.055(2)(c), Florida Statutes; except that sixteen (16 %) percent of the City's annual share of all proceeds shall be payable to the County to be used to pay the actual cost of construction of a new County jail facility for Brevard County, including administrative costs directly involved in construction of said jail and cost of issuance of bonded indebtedness. 3. That the County shall notify the Department of Revenue that said Department is directed and authorized to distribute the proceeds of the approved one (1%) percent discretionary infrastructure sales tax to the County and the City as set forth in Paragraph 2 above. 4. That in the event that the total sum of the City's contribution of said tax proceeds used in paying the cost of a new County jail facility exceeds its pro rata share of the above defined actual cost of construction of said new County jail facility, as determined by the statutory formula set forth in Section 212.055(2)(c), Florida Statutes, then the County shall refund all such excess proceeds to the City in accordance -with said statutory formula. 5. That this Agreement, and the distribution formula provided for herein, shall remain in full force and effect for so long as the one (1 %) percent discretionary infrastructure sales tax referred to above shall remain in effect and proceeds thereof remain undistributed, or for so long as the parties hereto comply with the terms of this Agreement. IN WITNESS WHEREOF, this Interlocal Agreement has been fully executed on behalf of the County and the City by their 3 Attachment to Resolution No. 89 -51 duly -authorized representatives on, the respective 'dates bet mu ATTEST: BOARD OF COUNTY COMMIS.SI,ONERS OF BREVARD COUNTY, FLORIDA By, R. C. Winstead., Jr., Clerk, ogeb .,Dobson,.Chairman DATE..." September 1Z, 1989 ATTEST::' CITY OF. _Cenaveral:`.` FLORIDA: By TY CLERK ' or oy Salamone DATE: SePtember 5, 1989 _ 4 Attachment to. Resolution No.-89-51