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CITY OF CLERMONT
Office of the City Manager
October 12, 2001
Sandy Minkoff
County Attorney
Lake County Board of County Commissioners
P.O. Box 7800
Tavares, FL 32778
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Dear Sir,
Enclosed is the Interlocal Agreement Regarding Distribution of Local
Government Infrastructure Surtax, executed as approved by the City Council at
their meeting of October 9,2001.
Please call if I may be of further assistance.
Teresa Studdard
Deputy City Clerk
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P.o. BOX 120219 . CLERMONT, FLORIDA 34712-0219
PHONE: 352/394-4081 . FAX: 352/394-1452
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INTERLOCAL AGREEMENT
REGARDING
DISTRIBUTION OF LOCAL GOVERNMENT INFRASTRUCTURE SURTAX
This Interlocal Agreement ("Agreement") is made this ? ..\,-rl day of C5t:P--
2001, by and between Lake County ("Lake County"), a political subdivision of the State of
Florida, the City of Clennont, a Florida municipal corporation ("Cities"), and The School Board
of Lake County, Florida ("School Board"), a body corporate existing under the laws ofthe State
of Florida.
WITNESSETH
WHEREAS, Section 212.055, Florida Statutes authorizes the Lake County Board of
County Commissioners to levy a discretionary local government infTastructure sales surtax for
purposes of funding infTastructure; 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 voting in a referendum on November 6,
200 I, 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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2. Municipalities. 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 permitted 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
permitted 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 term 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:
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a)
The School Board shall receive disbursements equaling one-third (33.33%) of the
net proceeds of the Surtax revenue per year.
c)
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
b)
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 Estimates of Population. The
annual adjustment shall be determined as of September 1, each year during which
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this Agreement is in effect.
Consent. Lake County and the Cities consent to the distribution of the Surtax
revenue to the School Board, as provided in Section 4 above.
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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 Inspection. 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 Oversie:ht 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
ofthe 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.
II. 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, 200 I.
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12. Effective Date. This Agreement shall take effect upon the date the last party
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. Governine 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 Aereement. 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.
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 StreetIP 0 Box 7800
Tavares, FL 32778-7800
School Board:
Superintendent
School Board of Lake County
201 West Burleigh Boulevard
Tavares, FL 32778
City of Clermont:
Wayne Saunders, City Manager
City of Clermont
Post Office Box 120219
# 1 Westgate Plaza
Clermont, FL 34712-0219
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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.
ATTEST:
LAKE COUNTY
BOARD OF COUNTY COMMISSIONERS
James C. Watkins, Clerk ofthe
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
CITY OF CLERMONT:
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Harold S. Turville, Jr., Mayor
Teresa Studdard
Deputy City Clerk
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EXHIBIT "A"
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ORDINANCE NO. 2001--
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
LAKE COUNTY, FLORIDA, CREATING THE LAKE COUNTY SALES
SURTAX OVERSIGHT ADVISORY COMMITTEE; PROVIDING FOR A
TITLE; PROVIDING FOR A PURPOSE; PROVIDING FOR DUTIES;
PROVIDING FOR MEMBERSHIP; PROVIDING FOR PROCEDURES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, a referendum is bemg held on November 6, 2001, in which the electors of Lake
County will vote as to whether to extend the existing one-cent sales surtax an additional fifteen (15)
years; and,
WHEREAS, jfthe surtax is extended, the Board of County Commissioners of Lake County,
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florida, finds that it is in the best interest of the citizens of Lake County to create an oversight
committee to track the use of revenue generated by the surtax.
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NOW THEREFORE, BE IT ORDAINED by the Board of County Commi~goners of Lake
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County, florida, that:
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Section 1.
Division 11, of Article IV of the Lake County Code Chapter 2,
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Adminh:tration, entitled Sales Surtax Oversight Advisory Committee, consisting of
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Sections 2-90.42 through 2-90.46, is created to read as follows:
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DIVISION 11. SALES SURTAX OVERSIGHT ADVISORY COMMITfEE
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Section 2-90.42. lite. The "Lake County Sales Surtax Oversight Advisory Committee" is
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hereby established and hereinafter referred to as the "Sales Surtax Oversight Advisory Committee."
Section 2-90.43. Purpose. The Sales Surtax Oversight Advisory Committee is hereby
created to review the expenditures of the revenue generated by the sales surtax to ensure the surtax
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revenue is being used only for the purposes specified in the November 6, 2001 referendum and
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Section 2-90.44. Duties. The Sales Surtax Oversight Advisory Committee shall have the
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following duties and obHgations:
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1.
To review the expenditures of the one-cent sales tax revenue;
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2.
To provide a bi-annual written and oral report in April and in October on the
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expenditures of the sales tax revenue at a joint public meeting of the Board of County
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Commissioners, The School Board and the municipalities which receive surtax
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revenues;
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To include in the bi-annual reports written recommendations as to the needs and
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concerns of the citizens and methods of addressing those concerns.
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Section 2-90.45. Membership.
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The Sales Surtax Oversight Advisory Committee shall consist of no more than nine (9)
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members and no less than six (6) members as appointed by the Lake County Board of County
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Commissioners as follows:
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1. Two (2) members of the public at large as designated by the Board of County
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Commissioners; and,
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2. Two (2) members of the public at large as designated by The School Board;
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3. Two (2) members of the public at large as designated by the Lake County League of
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Cities; and,
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4. Three (3) Lake County Constitutional Officers, or their named designees, to the extent
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possible.
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The members designated by The School Board and the Lake County League of Cities shall
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be submitted to the Board of County Commissioners, which shall, as a ministerial duty, appoint such
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persons to the Sales Surtax Oversight Advisory Cowd1Ï1tee. All members shall have voting authority.
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The Constitutional Officer members shall serve as members during their term as a Constitutional
Officer. The remaining members shall serve four (4) year terms. The members shall serve without
compensation.
Section 2-90.46. Procedures.
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Section 2.
The Sales Surtax Oversight Advisory Committee shall meet at regular intervals as
determined by the Sales Surtax Oversight Advisory Committee.
The members of the Sales Surtax Oversight Advisory Committee shall elect a
Chairman and Vice-Chairman.
All meetings shall be held in a public place and shall be open to the public pursuant
to Chapter 286, Florida Statutes, Section 286.011.
Pursuant to Chapter 286, Florida Statutes, Section 286.011(6), meetings shall not be
held at any facility or location which discriminates on the basis of sex, age, race,
creed, color, origin, or economic status or which operates in such a manner as to
unreasonably restrict public access to such a facility.
All meetings shall be noticed and minutes kept.
Robert's Rules of Order, Newly Revised, shall be the final authority on all questions
of parliamentary procedure.
A quorum for conducting business shall be a majority of the members.
The County Manager shall determine who shall serve as staff to the Sales Surtax
Oversight Committee.
This Ordinance shall not be repealed or amended without two (2) public hearings.
Severabilitv. Ifany section, sentence, clause or phrase of this Ordinance is
held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall
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in no way affect the validity of the remaining portions of this Ordinance.
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Section 3.
Inclusion in Code. It is the intention of the Board ofCo1D1ty Commissioners
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that the provisions of this Ordinance shall become and be made a part of the Lake CO1D1ty Code and
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that the sections of this Ordinance may be renumbered or relettered and the word "ordinance" may
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be changed to "section", "article", or such other appropriate word or phrase in order to accomplish
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such intentions.
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Section 4.
Effective Date.
This Ordinance shall take effect only upon
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approval of a majority of those voting in the November 6, 2001 referendum on whether
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to extend the existing one-cent sales surtax an additional fifteen (15) years.
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ENACTED this
day of
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FILED with the Secretary of State
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EFFECTIVE
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BOARD OF COUNfY COMMISSIONERS OF
LAKE COUNTY, FLORIDA
Catherine C. Hanson, Chairman
. 2001.
day of
This
ATTEST:
James C. Watkins, Clerk of the
Board of County Commissioners
of Lake County, Florida
APPROVED AS TO FORM AND
LEGALITY :
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Valerie C. Fuchs, Assistant County Attorney
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