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INTERLOCAL AGREEMENT
REGARDING
DISTRIBUTION OF LOCAL GOVERNMENT INFRASTRUCTURE SURTAX
This Interlocal Agreement ("Agreement") is made this i 6' day of .~ f::N I.J,~ '
200~y and between Lake County ("Lake County"), a political subdivision of the State of
Florida, the Cities of Tavares, Umatilla, Astatula, Eustis, Clermont, Groveland, Minneola, Mount
Dora, Fruitland Park, Leesburg, Montverde and Lady Lake, all Florida municipal corporations
("Cities"), and The School Board of Lake County, Florida ("School Board"), a body corporate
existing under the laws of the State of Florida.
WITNESSETH
WHEREAS, Section 212.055, Florida Statutes authorizes the Lake County Board of
County Commissioners to levy a discretionary local government infrastructure sales surtax for
purposes of funding infrastructure; and,
WHEREAS, pursuant to Section 212.055(2), Florida Statutes, on September 4,2001,
Lake County conducted a public hearing and adopted Ordinance No. 2001-123, attached hereto
as Exhibit A ("Ordinance"), which provides for the extension and levy of the one cent
infrastructure sales surtax within the geographical boundaries of Lake County to take effect after
approval by a majority of the electors of Lake County vo.ting in a referendum on November 6,
2001, hereinafter the "Surtax"; and,
WHEREAS, Chapter 163, Florida Statutes, Section 212.055(2)(c), Florida Statutes, and
other applicable laws authorize this Agreement between Lake County, the Cities and the School
Board regarding the distribution of the Surtax proceeds; and,
WHEREAS, the Cities represent a majority of Lake County's municipal population; and,
WHEREAS, the parties deem it is in the best interest of the citizens of Lake County to
extend the existing Surtax.
NOW THEREFORE, in consideration of the mutual covenants and promises between
the parties to this Agreement and the mutual benefits that enure to the parties and to the public,
the parties agree as follows:
1. Recitals. The recitals in the "WHEREAS" clauses are incorporated into and
become a part of this Agreement.
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MuniciDalities. In the event new municipalities are created within Lake County's
geographical area, and unless otherwise provided by law, the parties hereby agree that such new
municipalities will be pennitted to join in this Agreement and participate, prorata, in the
proceeds of the Surtax.
3. One Cent Referendum Partial Waiver The School Board hereby agrees that
during the period of time that it participates in the one cent sales tax under this Agreement, it
shall not initiate a referendum seeking the one-half cent sales tax option that has been statutorily
pennitted as an option by the Florida Legislature. If the School Board does seek to initiate a
referendum election seeking the one-half cent sales tax during the tenn of this Agreement the
School Board shall be automatically removed as a party to this Agreement.
4. Surtax Proceeds Distribution. Upon Lake County's adoption of the Ordinance
levying the one cent Surtax for a period not to exceed fifteen (15) years and upon such Surtax
being approved by the electors of Lake County at the November 6, 2001 referendum, the Surtax
shall be distributed during the period from January 1,2003 through December 31, 2017 as
follows:
a)
The School Board shall receive disbursements equaling one-third (33.33%) of the
net proceeds of the Surtax revenue per year.
b)
Lake County shall receive disbursements equaling one-third (33.33%) of the net
proceeds of the Surtax revenue per year.
The Cities combined shall receive disbursements equaling one-third (33.33%) of
the net proceeds of the Surtax revenue per year to be divided among them based
on population. The population figures shall be based on the figures contained in
the document referred to as the "Florida Estimates of Population," published on
an annual basis by the Bureau of Economic and Business Research, Population
Division, of the University of Florida. The population figures to be utilized shall
be adjusted annually based on the current Florida Estimat,es of Population. The
annual adjustment shall be detennined as of September 1, each year during which
this Agreement is in effect.
Consent. Lake County and the Cities consent to the distribution of the Surtax
c)
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revenue to the School Board, as provided in Section 4 above.
6. Surtax Collection. Lake County, the School Board and the Cities shall receive
the revenue of the Surtax monthly from the Department of Revenue and shall retain all revenue
in a separate account.
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7. Collection Reports and Insnection. The parties agree to keep all Surtax revenue
segregated from other funds and to maintain records showing the amount of revenue received
and the expenditures of such revenues in accordance with this Agreement, Section 212.055(2),
Florida Statutes and the ballot language of the November 6, 2001 referendum. The parties shall
have the right to review the records of each other as to the receipt, allocation and expenditure of
the Surtax. All such inspections shall be made upon reasonable prior notice at a reasonable time
and place.
8. Surtax Use. Lake County, the Cities and the School Board each certify to the
others that revenue and interest thereon received from the Surtax shall be expended by that
jurisdiction only as permitted by Section 212.055(2), Florida Statutes, the Ordinance and the
ballot language of the November 6,2001 referendum. Lake County, the Cities and the School
Board further certify that the revenue received pursuant to this Agreement shall be used to
supplement funds currently budgeted for infrastructure.
9. Sales Surtax Oversight Advisory Committee. Lake County and the School
Board agree to appoint two (2) members each to the Lake County Sales Surtax Oversight
Advisory Committee. All the parties understand that the Lake County League of Cities will be
requested to appoint two (2) members to the Sales Surtax Oversight Advisory Committee and
that Constitutional Officers, up to three (3), will be invited and encouraged to become members
of the Sales Surtax Oversight Advisory Committee. The members designated by the School
Board and the League of Cities shall be submitted to the Lake County Board of County
Commissioners which shall, as a ministerial duty, appoint such persons to the Sales Surtax
Oversight Advisory Committee. The parties hereto agree to cooperate with, aid and assist the
Sales Surtax Oversight Advisory Committee to the extent reasonably possible.
10. Authority. Lake County, the Cities and the School Board, each to the other,
warrant and represent that the execution and delivery of this Agreement has been duly authorized
by all appropriate actions of their respective governments and that this Agreement has been
otherwise executed and delivered by an authorized officer, as applicable.
11. Term. The term of this Agreement shall extend from its Effective Date through
December 31, 2017. Notwithstanding anything to the contrary contained herein, this Agreement
shall terminate upon receipt by and expenditure by each jurisdiction of its final distribution of the
revenue of the Surtax pursuant to Section 4 above. Additionally, this Agreement shall be
automatically terminated if the Lake County voters fail to approve the Surtax extension on
November 6,2001.
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Effective Date. This Agreement shall take effect upon the date the last party
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executes the same ("Effective Date").
13. Referendum. This Agreement is contingent upon approval of the Surtax by the
electorate at a Referendum to be held on November 6, 2001.
14.
Governim! Law. This Agreement shall be governed by the laws of the State of
Florida. All legal actions to enforce this Agreement shall be held in Lake County. No remedy
conferred in this Agreement is intended to be exclusive of any other remedy, at law or in equity
or by statute or otherwise. No excuse or failure to exercise, by any party of any right, power, or
remedy hereunder shall preclude any other or future exercise thereof. This Agreement shall be
construed equally against each party in recognition of the fact that each has had the opportunity
of review and participation, by their respective counsel, in the preparation of this Agreement.
15. Entire Agreement. This Agreement sets forth the entire Agreement between the
parties. There are no promises or understandings other than those stated herein. None of the
provisions, terms or conditions contained in this Agreement may be modified, superceded or
otherwise altered except by written agreement by all the parties.
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16. Survivability. If any item or provision of this Agreement, or the application
thereof to any persons or circumstances shall be held invalid or unenforceable, the remainder of
this Agreement, or the application of such terms of provision shall not be affected, and every
other term and provision of this Agreement shall be deemed valid and enforceable to the extent
permitted by law.
17. Notices. All notices required under this Agreement shall be delivered by U.S.
mail or hand delivered to the following offices:
Lake County
Office of the County Manager
315 West Main Street
POBox 7800
Tavares, FL 32778-7800
School Board
Superintendent of Schools
201 W. Burleigh Boulevard
Tavares, Florid a 32778
City of Tavares
City Administrator
P. O. Box 1068
Tavares, Florida 32778
CityofUmatilla
City Administrator
P. O. Box 2286
. Umatilla, Florida 32784
Town of Astatula
Town Administrator
P. O. Box 609
Astatula, Florida 34705
City of Eustis
City Manager
P. O. Drawer 68
Eustis, Florida 32727-0068
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City of Clermont
City Manager
P. O. Box 120219
Clermont, Florida 3471--0219
City of Groveland
City Manager
156 S. Lake Avenue
Groveland, Florida 34736-2597
City of Minneola
Mayor
P. O. Box 678
Minneola, Florida 34755
City of Mount Dora
City Manager
P. O. Box 176
Mount Dora, Florida 32757
City of Fruitland Park
City Manager
506 W. Berckman Street
Fruitland Park, Florida 34731
City of Leesburg
City Manager
P. O. Box 490630
Leesburg, Florida 34749-0630
Town of Lady Lake
Town Manager
409 Fennell Boulevard
Lady Lake, Florida 32159
Town of Montverde
Town Clerk
P. O. Box 560008
Montverde, Florida 34756
REMAINDER OF THIS PAGE
INTENTIONALL Y LEFT BLANK
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18. Countemarts. This Agreement may be executed in counterparts to expedite its
implementation and Effective Date.
19. FiliDlz. This Agreement and any subsequent amendments thereto shall be filed
with the Clerk of the Circuit Court of Lake County as provided by Section 163.01(11), Florida
Statutes, and with the Director of the Florida Department of Revenue.
IN WITNESS WHEREOF, Lake County, the Cities of Tavares, Umatilla, Astatula,
Eustis, Clermont, Groveland, Minneola, Mount Dora, Fruitland Park, Leesburg" Montverde and
Lady Lake and the School Board have caused this Agreement to be duly executed through their
authorized representation, on their respective date set forth below.
LAKE COUNTY
BOARD OF COUNTY COMMISSIONERS
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Catherine C. Hanson, Chairman
James. Watkins, Clerk of the
Board of County Commissioners
This I S~ day of
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APPROVED AS TO FO
& LEGALITY:
'foÞR.
Valerie C. Fuchs
Assistant County Attorney
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PASSED AND ORDAINED this 3rd
City Council of the City of Tavares, Florida.
ATTEST:
4fo;e~korm: =
Robert Q. Williams, City Attorney
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day of Dc tober
f)J&-~
RobertW.~oore,~ayor
Tavares City Council
,2001, by the
Interlocal Agreement Regarding Distribution of Local Government Infrastructure Sales Tax
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18. Counterparts. This Agreement may be executed in counterparts to expedite its
implementation and Effective Date.
19. Filin2. This Agreement and any subsequent amendments thereto shall be filed
with the Clerk of the Circuit Court of Lake County as provided by Section 163.01(11), Florida
Statutes, and with the Director of the Florida Department of Revenue.
IN WITNESS WHEREOF, Lake County, the City of Umatilla and the School Board
have caused this Agreement to be duly executed through their authorized representation, on their
respective date set forth below.
ATTEST:
LAKE COUNTY
BOARD OF COUNTY COMMISSIONERS
James C. Watkins, Clerk of the
Board of County Commissioners
Catherine C. Hanson, Chairman
This
day of
, 2001.
APPROVED AS TO FORM & LEGALITY:
Valerie C. Fuchs
Assistant County Attorney
ATTEST:
SCHOOL BOARD OF LAKE COUNTY
Pam Saylor, Superintendent
Gerald Smith, Chairman
ATTEST:
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Timothy C. Scóbie, City Administrator
CITY OF UMA TILLA:
~1k~rJ
Karen Howard, Mayor
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18. CouoterDarts. This Agreement may be executed in counterparts to expedite its
implementation and Effective Date.
19. Filioe. This Agreement and any subsequent amendments thereto shall be filed
with the Clerk of the Circuit Court of Lake County as provided by Section 163.01(11), Florida
Statutes, and with the Director of the Florida Department of Revenue.
IN WITNESS WHEREOF, Lake County, the Town of Astatula and the School Board
have caused this Agreement to be duly executed through their authorized representation, on their
respective date set forth below.
ATTEST:
LAKE COUNTY
BOARD OF COUNTY COMMISSIONERS
James C. Watkins, Clerk of the
Board of County Commissioners
Catherine C. Hanson, Chairman
This
day of
,2001.
APPROVED AS TO FORM & LEGALITY:
Valerie C. Fuchs
Assistant County Attorney
ATTEST:
SCHOOL BOARD OF LAKE COUNTY
Pam Saylor, Superintendent
Gerald Smith, Chairman
ATTEST:
TOWN OF AST A TULA:
ÞL, ~~~
Olive Ingram, lty C rk
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JFes Ellrodt, Mayor
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18. Countemarts. This Agreement may be executed in counterparts to expedite its
implementation and Effective Date.
19. Filinsz. This Agreement and any subsequent amendments thereto shall be filed
with the Clerk of the Circuit Court of Lake County as provided by Section 163.01(11), Florida
Statutes, and with the Director of the Florida Department of Revenue.
IN WITNESS WHEREOF, Lake County, the City of Eustis and the School Board have
caused this Agreement to be duly executed through their authorized representation, on their
respective date set forth below.
ATTEST:
LAKE COUNTY
BOARD OF COUNTY COMMISSIONERS
James C. Watkins, Clerk of the
Board of County Commissioners
Catherine C. Hanson, Chairman
This
day of
. 2001.
APPROVED AS TO FORM & LEGALITY:
Valerie C. Fuchs
Assistant County Attorney
ATTEST:
SCHOOL BOARD OF LAKE COUNTY
Pam Saylor, Superintendent
Gerald Smith, Chairman
ATTEST:
J~
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W. Benton, Mayor-Commissioner
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18. Counterparts. This Agreement may be executed in counterparts to expedite its
implementation and Effective Date.
19. Filine. This Agreement and any subsequent amendments thereto shall be filed
with the Clerk of the Circuit Court of Lake County as provided by Section 163.01(11), Florida
Statutes, and with the Director of the Florida Department of Revenue.
IN \VITNESS \VHEREOF, Lake County, the City of Eustis and the School Board have
caused this Agreement to be duly executed through their authorized representation, on their
respecti ve date set forth below.
ATTEST:
LAKE COUNTY
BOARD OF COUNTY COMMISSIONERS
James C. Watkins, Clerk of the
Board of County Commissioners
Catherine C. Hanson, Chainnan
This
day of
,2001.
APPROVED AS TO FORM & LEGALITY:
Valerie C. Fuchs
Assistant County Attorney
ATTEST:
SCHOOL BOARD OF LAKE COUNTY
Pam Saylor, Superintendent
Gerald Smith, Chainnan
ATTEST:
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Teresa Studdard
Deputy City Clerk
CITY OF CLERMONT:
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Harold S. Turville, Jr., Mayor
windows/word/sales surtax-Int Agr/tas/1O-4-01
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18. Counterparts. This Agreement may be executed in counterparts to expedite its
implementation and Effective Date.
19. Filin~. This Agreement and any subsequent amendments thereto shall be filed
with the Clerk of the Circuit Court of Lake County as provided by Section 163.01(11), Florida
Statutes, and with the Director of the Florida Department of Revenue.
IN \VITNESS \VHEREOF, Lake County, the City of Groveland and the School Board
have caused this Agreement to be duly executed through their authorized representation, on their
respective date set forth below.
ATTEST:
LAKE COUNTY
BOARD OF COUNTY COMMISSIONERS
James C. Watkins, Clerk of the
Board of County Commissioners
Catherine C. Hanson, Chainnan
This
day of
, 2001.
APPROVED AS TO FORM & LEGALITY:
Valerie C. Fuchs
Assistant County Attorney
ATTEST:
SCHOOL BOARD OF LAKE COUNTY
Pam Saylor, Superintendent
Gerald Smith, Chainnan
ATTEST:
CITY OF GROVELAND:
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Counterparts. This Agreement may be executed in éounterparts to expedite its
\!""'.?~:'~,e~~?-.thQ a.~d F.ff:~ct~y~ Date.
19. FUin2, This Agreement 8..'1d any sub~quent amendments thereto shall be filed
\1r~th the Clerk oÎth: Circuit Court of Lake County as provided hj' Section 163.01(11), Florida
Statutes, and with the Director of the Florida Dcp~ent of Revenue.
IN WITNESS WHEREOF. Lake County. the Cities of
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a.,d the School Board have caused t.~s Agreement to be duly executed through
their autnorized representation. on their respective date set forth below.
A TrEST:
LAKE COUNTY
BOARD OF COUNTY COMMISSIONERS
James C. Watkins, Clerk of the
Board of County Commissioners
Catherine C. Hanson, Chairman
This
day of
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A,.'?PRO\'ED AS TO FÇJ&\1 & LEGAL[TY:
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Valerie C. Fuchs
As~istant COUI1ty Attorney
CITY OF MINNEOLA
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This ~ day of OC:11JJ¥Je
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City Att rney
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18. Counterparts. This Agreement may be executed in counterparts to expedite its
implementation and Effective Date.
19. Filine:. This Agreement and any subsequent amendments thereto shall be filed
with the Clerk of the Circuit Court of Lake County as provided by Section 163.01(11), Florida
Statutes, and with the Director of the Florida Department of Revenue.
IN WITNESS WHEREOF, Lake County, the City of Eustis and the School Board have
caused this Agreement to be duly executed through their authorized representation, on their
respective date set forth below.
A TIEST:
LAKE COUNTY
BOARD OF COUNTY COMMISSIONERS
James C. Watkins, Clerk of the
Board of County Commissioners
Catherine C. Hanson, Chairman
This
day of
, 2001.
APPROVED AS TO FORM & LEGALITY:
Valerie C. Fuchs
Assistant County Attorney
A TIEST:
SCHOOL BOARD OF LAKE COUNTY
Pam Saylor, Superintendent
Gerald Smith, Chairman
A TIEST:
CITY OF MOUNT DORA:
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Bernice Brinson, City Manager/Clerk
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APPROV~TO )PRM & LEC?ALITY:
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ATTEST:
~.1,(~ .xLb. O<.~
Marge Strausbaugh, City Clerk
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This_~dayof_.. ,
, 2001
CITY OF FRUITLAND PARK
(~)~)).. 1M
William R. White, Mayor
ThisKdayof Odo~ ,2001.
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DATED: October 22, 2001
ATTEST:
CITY OF LEESBURG
7¿ /? £
Thomas P. Klinker, City Clerk
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18. Counterparts. This Agreement may be executed in counterparts to
expedite its implementations and Effective Date.
19. Filing. This Agreement and any subsequent amendments thereto
shall be filed with the Clerk of the Circuit Court of lake County as
provided by Section 163.01 (11), Florida Statutes, and with the Director
of the Florida Department of Revenue.
IN WITNESS WHEREOF, lake County, the Town of Montverde and the School
Board have caused this Agreement to be duly executed through their authorized
representation, on their respective date set forth below.
ATTEST:
LAKE COUNTY BOARD
OF COUNTY COMMISSIONERS
James C. Watkins, Clerk of the
Board of County Commissioners
Catherine C. Hanson, Chairman
APPROVED AS TO FORM AND LEGALITY:
Valerie C. Fuchs
Assistant County Attorney
ATTEST:
SCHOOL BOARD OF LAKE COUNTY
Pam Saylor, Superintendent
Gerald. Smith, Chairman
ATTEST:
TOWN OF MONTVERDE
.~¿/ 7"/ ~
Helen H. Pearce, Mayor
~.LJød
Denise R. Noak, Town Clerk
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ATTEST:
Pam Saylor, Superintendent
ATTEST:
Á1, ~~
Sue dãý, City. Clerk
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SCHOOL BOARD OF LAKE COUNTY
Gerald Smith, Chairman
TOWN OF LADY LAKE:
~,,',_: '-I'?~, '-
William P. Reed, Mayor- ommissioner
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INTERLOCAL AGREEMENT REGARDING DISTRIBUTION OF LOCAL GOVERNMENT INFRASTRUCTURE SURTAX
ATTEST:
THE SCHOOL BOARD OF
L--- LAKE CO TY, FLORIDA
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ORDINANCE NO. 2001 - 123
AN ORDINANCE OF LAKE COUNTY, FLORIDA, PROVIDING FOR AN
EXTENSION OF THE EXISTING ONE-CENT DISCRETIONARY
INFRASTRUCTURE SALES SURTAX IN LAKE COUNTY; PROVIDING
FOR APPROVAL OF THE LEVY BY VOTERS IN A REFERENDUM;
PROVIDING THAT THE IMPOSITION SHALL BE EFFECTIVE FOR A
PERIOD OF FIFTEEN (15) YEARS BEGINNING JANUARY 1, 2003;
PROVIDING FOR THE ADMINISTRATION OF THE SURTAX;
PROVIDING FOR THE SURTAX PROCEEDS TO BE DISTRIBUTED
AMONG LAKE COUNTY, THE LAKE COUNTY SCHOOL BOARD AND
THE MUNICIPALITIES REPRESENTING A MAJORITY OF LAKE
COUNTY'S MUNICIPAL POPULATION; PROVIDING LIMITATIONS
ON THE USE OF THE SURTAX PROCEEDS; PROVIDING FOR A
SPECIAL ELECTION TO BE HELD ON NOVEMBER 6, 2001;
PROVIDING BALLOT LANGUAGE WHICH INCLUDES A BRIEF
GENERAL DESCRIPTION OF THE PROJECTS TO BE FUNDED BY
THE SURTAX; PROVIDING FOR NOTICE OF THE SPECIAL
ELECTION; PROVIDING FOR NOTIFICATION TO THE
DEPARTMENT OF REVENUE; AUTHORIZING EXPENDITURES FOR
INFORMING THE PUBLIC; PROVIDING FOR AMENDMENTS TO
LAKE COUNTY CODE, CHAPTER 13, SECTION 13-1; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE
COUNTY CODE; PROVIDING A CONFLICT CLAUSE; PROVIDI~g
EFFECTIVE DATE. ~ ~I ~ II
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\VHEREAS, section 212.055(2), Florida Statutes, authorizes the governing ~ori'!y" in m
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30 each county to levy a one percent (one-cent) local government infrastructure sales s~ § 0
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31 (hereinafter "Surta:x") upon taxable transactions occurring within the county as prov~ in
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Section 212.054, Florida Statutes; and
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\VHEREAS, section 212.055(2), Florida Statutes, provides that the levy of the Surtax
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shall be pursuant to an ordinance enacted by the Board of County Commissioners of the county
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and approved by a majority of the electors of the county v'oting in a referendum on the Surtax;
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and,
EXHIBIT "A"
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" .:':-.. '. ~rdinance extending the exist.} discretionary infmstructure sales surta.x in Lake 8ty
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WHEREAS, proceeds from the Surtax and any interest accrued thereto, are required by
Section 212.055(2), Florida Statutes, to be used to finance, plan and construct needed
infrastructure; and,
WHEREAS, on August 18, 1987, the Lake County Board of County Commissioners
adopted Ordinance 1987-9 which levied the Surtax for a period of fifteen (15) years, beginning
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January 1, 1988, subject to voter referendum; and,
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\VHEREAS, on November 3, 1987, the levy of the Surtax for an initial fifteen (15) year
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period was approved by a majority of those voting on the question in the special election; and,
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WHEREAS, sections 1 and 5 of Ordinance 1987-9 were subsequently codified in the
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Lake County Code as Chapter 13, section 13-1, Discretionary sales surtax levied; use of
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proceeàs; a..'1d,
WHEREAS, the November 3,1987 approved Surta.x is scheduled to expire at midnight
on December 31, 2002; and,
WHEREAS, section 212.055(2), Florida Statutes, authorizes the Lake County Board of
County Commissioners to extend the levy of the Surtax-pursuant to an ordinance and subject to
approval of a majority of the electors of Lake County voting in a referendum on the Surtax; and,
\YHEREAS, there exists a dire need on the part of Lake County, the municipalities
within Lake County and the School Board of Lake County to extend the Surtax to finance, plan
and construct various infrastructure facilities and improvements as authorized by Section
212.055(2), Florida Statutes, which planning and constructiohë~ariI1otbe contitl1ied Without ån . . ,
expected funding source; and,
WHEREAS, the extension of the Surtax would result in a one-cent sale~ Surta.x on each
one dollar ($1.00) for an additional fifteen (15) years; and,
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'\VHEREAS, the Lake County Board of County Commissioners hereby deems it is in the
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best interest of the citizens of Lake County to amend Lake County Code, Chapter 13, section 13-
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NOW THEREFORE Be it Ordained by the Board of County Commissioners of Lake
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County, Florida as follows:
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SECTION 1. Extension of One-Cent Surtax.
The Board of County Commissioners
of Lake County, Florida, hereby levies and imposes within Lake County an extension of the one-
percent (one-cent) infrastructure sales surtax pursuant to Section 212.055(2), Florida Statutes, for
an additional fifteen years.
SECTION 2. Referendum. The Surtax levied in Section I of this Ordinance
shall not take effect unless and until it is approved by a majority of the electors of Lake
County voting in a referendum election on the Surtax held as required by this Ordinance.
SECTION 3. Term of Levv.
The extension of the Surtax authorized by this
Ordinance shall commence on January 1,2003. The Surtax levy shall remain in full force and
effect for a period of fifteen (15) years from and after January 1,2003 to December 31,2017.
SECTION 4. Administration.
The Surta,x levied hereby shall be collected and .
administered pursuant to the terms of Section 212.054, Florida Statutes, and such other laws as
may be applicable.
SECTION 5. Distribution of Proceeds.
In accordance with section 212.055(2)(c),
Florida Statutes, the procèeds of the Surtax levied hereby shall be distributed between Lake
County, The School Board and the municipalities representing a majority of Lake County's
municipal population as ,set forth in an interlocal agreement. The interlocal agreement may
contain such terms as the parties may negotiate, but its terms must include, at a minimum, any
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provisions required by this Ordinance and may not contain any provision that is inconsistent with
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either this Ordinance or applicable Florida law.
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SECTION 6. Use of Revenues.
Proceeds of the Surtax and any interest
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accrued thereto shall be expended by the Cities and The School Board only for purposes
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allowed by Section 212.055(2), Florida Statutes, and any other applicable law. The
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proceeds of the Surtax and any interest accrued thereon shall be expended by Lake
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County only as follows:
Y2 (50%) for transportation purposes
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Y2 (50%) for purposes allowed by Section 212.055(2), F.S.
SECTION 7. Special Election.
A special election shall be held on November 6,
2001, in which the electors of Lake County may vote as to whether this Ordinance shall take
effect and the Surtax be extended. The Lake County Supervisor of Elections shall conduct said
special election pursuant to applicable Florida Law. The form of ballot for said special election
shall be as follows:
INFRASTRUCTURE SALES SURTAX REFERENDUM
SHOULD LAKE COUNTY ORDINANCE 2001-123 EXTENDING THE EXISTING
ONE-CENT COUNTYWIDE INFRASTRUCTURE SALES SURTAX FOR FIFTEEN
YEARS BE APPROVED? '
PROJECTS ELIGIBLE FOR FUNDING:
Construction/Renovation/Remodeling of City/County and School Facilities
Roads and Transportation
UtilitieslDrainage Improvements/Stormwater Retrofit
Public Safety Facilities and Equipment
Libraries/Parks and Recreation
Other City/County/School Infrastructure
FOR the I-CENT Sales Tax
AGAINST the I-CENT Sales Tax
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, Ordinance extending the existi81 discretionary infrastructure sales surta.'I: in Lake 8ty
SECTION 8. Notice ofSDecial Election. A notice of the special election shall
be published in a newspaper of general circulation in Lake County at least twice, once in
the fifth week and once in the third week prior to the week of November 6, 2001.
SECTION 9. Notice of Passae:e.
The Clerk of the Board of County
Commissioners is directed to notify the Supervisor of Elections and the Department of
Revenue immediately upon the passage of this Ordinance. The Clerk of the Board of
County Commissioners is further directed to notify the Department of Revenue of the
outcome of the referendum election within 10 days of the date of said election and not
later than November 16 prior to the effective date. Said notice shall include the time
period during which the Surtax will be in effect, the rate, a copy of this Ordinance and
such other information as the Department of Revenue shall require by rule, in
accordance with Section 212.054(7)(a), Florida Statutes. In addition to the above
referenced notice the Clerk is further directed to notify the Department of Revenue by
October 1, if the referendum or consideration of the ordinance that would result in the
levy of the Surta..x is scheduled to occur on or after October I of that year, in accordance
with Section 212.054(7)(b), Florida Statutes.
SECTION 10. Authorizin!! Expenditures for Informin!! the Public. Public
funds and public resources may be utilized to mount an informational campaign
regarding the Surtax referendum. Such expenditures may include, among other things,
the cost of newspaper advertisements, pamphlets and the like to help the citizens make
an informed choice. It is in the public's best interest to be educated and informed about
the proposed Surtax - its purpose, why it is needed and the essential ramifications of the
referendum. The Board of County Commissioners of Lake County finds that the
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. Ordinance extending the existin8 discretionary infrastructu're sales surta.x in Lake .
expenditure of such funds and the use of such resources is for a public purpose and is an
authorized expenditure/use.
SECTION 11. Amendments to Lake County Code Chapter 13. Chapter 13,
Article I, In General, Section 13-1, Discretionary sales surtax levied; use of proceeds,
Subsection (a) is hereby replaced in its entirety with the language of Sections 1 and 3 of
this Ordinance. Chapter 13, Article I, In General, Section 13-1, Discretionary sales
surtax levied; use of proceeds, Subsection (b) is hereby replaced in its entirety with the
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language of Section 6 of this Ordinance.
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SECTION 12. Severability.
If any section. sentence, clause, phrase or
word of this Ordinance is for any reason held or declared to be unconstitutional,
inoperative or void, such holding or invalidity shall not effect the remaining portions of
this Ordinance; and it shall be construed to have been the Commissioner's intent to pass
this Ordinance without such unconstitutional, invalid or inoperative part therein; and the
remainder of this Ordinance, after the exclusion of such pan or parts shall be deemed
and held to be valid, as if such parts had not been included herein; or if this Ordinance or
any provisions thereof shall be held inapplicable to any person, groups of persons,
property, kind of pr?perty, circumstances or set of circumstances, such,holding shall not
effect the applicability thereof to any other person, property or circumstances.
SECTION 13. Inclusion in the Code. It is the imention of this Board of
County Commissioners that the provisions of Sections 1, 3 and 6 of this ordinance shall
become and be made a part of the Lake County Code as provided in Section 11 hereof
upon approval by a majority of the electors of Lake County voting in the November 6,
2001 referendum and the word "ordinance" may be changed to "section," "article" or
such other appropriate word or phrase in order to accomplish such intentions.
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' .: . ~rdinance extending the exist¡ _.Jl discretionary infrastructure sales surtax in LakP.lty
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SECTION 14. Conflict.
Any ordinance or part thereof in conflict with this
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Ordinance or any part hereof is hereby repealed to the extent of the conflict unless
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otherwise addressed herein.
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SECTION 15. Effective Date.
Sections 7-10 ofthis Ordinance shall take
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effect immediately upon being filed with the Department of State, State of Florida. All
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other provisions of this Ordinance, including those relating to the levy and extension of
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the term of the Surtax, the administration, distribution and expenditures of the Surtax,
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shall take effect only upon approval of a majority of those voting in the Special Election
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held pursuant to Section 7 of this Ordinance.
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ENACTED this LJ+h
St?~<.f^--, ,2001.
day of ~i;;;~
,2001.
day of
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FILED with the Secretary of State the
EFFECTIVE ./~i- ~ / ~ ei2 Ptl /
BOARD OF COUNTY COMMISSIONERS
OF LAKE COUNTY, FLORIDA
James ~ki~th~ ~
Board of County Commissioners of
Lake County, Florida
/2/i~~
V {
Robert A. Pool, Vice-Chair an
This Î~ day of~h\Jtt.'\.; ,2001. .
APPROVED AS TO FORM AND LEGALITY:
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Assistant County Attorney
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