Office of Management & Budget

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1 ,BOARD OF COUNTY COMMISSIONERS / DATE: April 22,2008 AGENDA ITEM NO. Consent Agenda 0 Regular venda 8 Public Hearing 0 Countv Administrator s Subiect: Execution of Interlocal Agreements with Municipalities Providing for the Distribution of the Infrastructure Sales Surtax (Penny for Pinellas) from Year 2010 to Year Desartment: Office of Management & Budget Staff Member Responsible: John Woodruff, Director Recommended Action: I RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS (BOARD) AUTHORIZE THE CHAIRMAN TO EXECUTE THE INTERLOCAL AGREEMENTS RECEIVED TO DATE, AND YET TO BE RECEIVED, FROM VARIOUS MUNICIPALITIES RELATED TO THE EXTENSION OF THE PENNY FOR PINELLAS FROM YEAR 2010 TO YEAR Summarv ExplanatiodBackground: On January 9, 2007, the Board authorized a referendum on extending the existing Infrastructure sales surtax for an additional ten years. The extension was subsequently approved by Pinellas County s voters on March 13, As part of the approval process an lnterlocal Agreement was crafted to establish a distribution formula for the ten (10) year extension period consistent with prior distribution formulas for the Surtax between the Board and municipalities within the County. This proposed Interlocal was distributed to all municipalities for their official execution following the March 13M vote. To date the County has received executed agreements from 21 municipalities. The Local Government Infrastructure Surtax statute provides for the approval of the lnterlocal agreement once the governing bodies of the municipalities representing a majority of the County s municipal population have executed the agreement. Execution of the agreements received to date by the Board will officially establish the distribution formula as required to be reported to the State Department of Revenue. This will allow the various stakeholders to proceed with financing plans for future improvements. As the remaining three city s agreements are received, they will become part of the final agreement. It should be noted that the City of St. Petersburg has submitted a companion Interlocal Agreement between the County and the City which further details the County s commitment to implement project s within the St. Petersburg area. The commitments requested by the City are generally as described by the County s Penny for Pinellas allocation plan promulgated prior to the vote on the Penny extension. Staff recommends approval of this companion agreement Page 1 of 2

2 ~ ExhibitslAttachrnents 4 Fiscal ImDadCostlRevenue Summary: Execution of these agreements results in the establishment of a distribution plan for an estimated $1.94 billion in proceeds from the Surtax extension. The County will receive % of the actual proceeds including $225 million taken "off the top" dedicated to countywide court &jail facilities improvements. The municipalities will share the remaining % of the proceeds. Attached: 1. Interlocal Agreements - Town of Belleair, City of Belleair Beach, City of Belleair Bluffs, Town of Belleair Shore, City of Clearwater, City of Gulfport, City of Indian Rocks Beach, Town of Indian Shores, Town of Kenneth City, Town of North Redington Beach, City of Oldsmar, City of Pinellas Park, Town of Redington Beach, Town of Redington Shores, City of Safety Harbor, City of St. Pete Beach, City of St. Petersburg (with companion Interlocal), City of Seminole, City of South Pasadena, City of Tarpon Springs, City of Treasure Island l2006 Page 2 of 2

3 INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT ( Agreement ) is made and entered into as of this day of, 2007, by and between Pinellas County, a political subdivision of the State of Florida, hereinafter referred to as the County, and the municipalities within Pinellas County as set forth on the signature pages attached hereto, hereinafter referred to as the Cities. RECITALS: WHEREAS, Section (2), Florida Statutes, authorizes the County to levy a local government infrastructure sales surtax of one percent (1%) throughout Pinellas County, Florida ( Infrastructure Sales Surtax ), subject to referendum approval, to finance, plan and construct infrastructure as defined therein, and on November 7, 1989, the levy of the Infrastructure Sales Surtax for an initial ten (10) year period was approved by a majority of those voting on the question at a referendum; and WHEREAS, as provided by Section (2), Florida Statutes, the net proceeds of the surtax may be distributed as provided in an interlocal agreement, and the County and the Cities entered into an Interlocal Agreement dated September 19, 1989 providing for the distribution of the Infrastructure Sales Surtax, which expired January 31, 2000; and WHEREAS, on March 25, 1997, the extension of the Infrastructure Sales Surtax for an additional ten (10) years was approved by majority of those voting on the question at a referendum, and the County and the Cities entered into an Interlocal Agreement dated August 6, 1998 providing for the distribution of the Infrastructure Sales Surtax, which expires on January 31,2010; and WHEREAS, the County and the Cities recognize a continuing need to fund critical infrastructure improvements, and the question of extending the Infrastructure Sales Surtax for an additional ten (10) years was approved by the electorate at a special election called for March 13, 2007; and -1-

4 WHEREAS, pursuant to the request of the Florida Department of Revenue, the extension period was adjusted to begin on January 1, 2010, to comply with the requirements of Section (5), Florida Statutes, with collections of the Infrastructure Sales Surtax commencing on February 1, 2010 ( Commencement Date ); and WHEREAS, the parties further recognize that it is in the best interest of the County and the Cities to enter into an interlocal agreement which will run concurrently with the extended levy of the Infrastructure Sales Surtax, if approved, for the purpose of providing for the distribution among the County and the Cities as provided herein. NOW, THEREFORE, in consideration of the covenants herein contained, and other good and valuable consideration, the County and the Cities agree as follows: Section I CONDITION PRECEDENT This Agreement shall be effective upon the satisfaction of the following condition precedent: A. Each City shall furnish to the County evidence that its governing body has adopted a plan which specifies the infrastructure projects to be funded by that City s portion of the Infrastructure Sales Surtax ( Infrastructure Projects ). Section 2. DISTRIBUTION OF INFRASTRUCTURE SALES SURTAX A. Net Proceeds shall mean the amount of the Infrastructure Sales Surtax collected in Pinellas County by the Florida Department of Revenue, less the Department s administrative costs, as provided by law. 6. During the term of this Agreement, the Infrastructure Sales Surtax shall be collected by the Florida Department of Revenue and the Net Proceeds shall be distributed monthly to the County for distribution in accordance with the terms of this Agreement. C. The Net Proceeds shall be distributed between the County and the Cities within a reasonable time after receipt, as follows: -2-

5 (I) Jail and criminal justice related facilities will be funded on a priority basis in the total amount of Two Hundred and Twenty Five Million Dollars ($225,000,000.00) pro-rata over the ten (IO) year term of this Agreement. Therefore, before the County distributes the Net Proceeds received by it for any month, it shall apply to the funding of jail and criminal justice related facilities so much of such Net Proceeds as shall equal the lesser of (I) the Net Proceeds received by the County for such month, or (ii) an amount which, when added to all Net Proceeds so applied previously, will result in an average monthly funding of One Million Eight Hundred Ninety Thousand Seven Hundred Fifty Six and 30/100 Dollars ($1,890,756.30) for such month and all prior months for which the County has received Net Proceeds during the term of this Agreement as provided in Section 4. (2) The remainder of the Net Proceeds will be distributed as follows: Pinellas County Belleair Belleair Beach Belleair Bluffs Belleair Shore Cleawater Dunedin G u lfport Indian Rocks Beach Indian Shores Kenneth City Largo Madeira Beach North Redington Beach Qldsmar Pinellas Park Redington Beach Redington Shores Safety Harbor St. Pete Beach St. Petersburg Seminole South Pasadena Tarpon Springs Treasure Island % % % % % % % % % % % % % % % % % % % % % % % I.6751% % -3-

6 D. In the event any municipality in Pinellas County does not sign this Agreement, or notifies the County in writing that it does not wish to receive any undistributed Net Proceeds to which it is entitled, its percentage of proceeds shall be distributed pro-rata to the other parties in accordance with the formula set forth in Section 2(C)(2) (after excluding such City s percentage). Section 3. EXECUTION AND EFFECTIVE DATE This Agreement may be signed in counterparts by the parties hereto. This Agreement shall take effect upon the last date of execution by a party to this Agreement, but in no event later than February I, Section 4. TERM OF AGREEMENT The term of this Agreement shall run concurrently with the levy of the Infrastructure Sales Surtax, said levy being authorized for ten (IO) years commencing on January 1, Section 5. ANNUAL REPORTING REQUIREMENTS Each City signing this Agreement shall annually file with the County its Capital Improvement Plan and shall identify therein any material changes in the Infrastructure Projects. Section 6. PRIOR INTERLOCAL SUPERSEDED. The distribution terms of this Agreement shall supersede the distribution formula contained in the prior interlocals between the parties hereto, and the distribution of the Infrastructure Sales Surtax shall be governed specifically by the terms of this Agreement as of the Commencement Date. During the period between when this Agreement is approved by the parties hereto and the Commencement Date, the Infrastructure Sales Surtax shall be distributed in accordance with the Interlocal Agreement dated August 6, 1998, which terminates on January 31, Section 7. ABILITY TO PLEDGE The parties respective portions of the Infrastructure Sales Surtax may be pledged by the -4-

7 County or the Cities to secure revenue bonds or other obligations as provided in Section (2), Florida Statutes. Section 8. SEVERABILITY If any provision of this Interlocal Agreement is held invalid, the invalidity shall not affect other provisions of the lnterlocal Agreement which can be given effect without the invalid provision or application, and to this end, the provisions of this lnterlocal Agreement are severable. Section 9. AMENDMENTS TO AGREEMENT This Agreement may be amended, in writing, upon the express written approval of the governing bodies of all the parties. Section IO. FILING OF AGREEMENT This Agreement shall be filed with the Clerk of the Circuit Court as provided in Section (I), Florida Statutes. IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers thereof, as of the day and year first above written. ATTEST: KEN BURKE, CLERK PINELLAS COUNTY, FLORIDA, by and Through its Board of County Commissioners Deputy Clerk [SEAL] Chairman APPROVED AS TO FORM C ADDITIONAL SIGNATURE PAGES FOLLOW > -5-

8 TOWN OF BELLEAIR /4 Citjj Clerk

9 ..,... -, AlTEST: CITY OF BELLEAIR BEACH

10 CITY OF BELLEAI

11 CITY OF BELLEAIR SHORE

12 CITY OF CLEARWATER zity Manager COUNTERSIGNED: APPROVED AS TO FORM:

13 CITY OF GULFPORT pity Clerk 1

14 CITY OF INDIAN ROCKS BEACH

15 City Clerk - Marcia Grantham

16 CITY OF KENNETH CITY i&& #. &&d Mayor

17 EDINGTOMEACH CitNlerk I

18 CITY OF WDSMAR City Clerk Approved as to Form:

19 CITY OF PINELLAS PARK w am F. Mischler rm and content: +L

20 CITY OF REDINGTON BEPCH

21 why City Cldrk TOWN OF REDINGTON SHORES

22 & B- Cimerk I

23 CITY OF ST. PETE BEACH

24 CITY OF ST. PETERSBURG Mayor

25 CITY OF SEMINOLE CitfClerk City Manager APPROVED AS TO FORM:

26 CITY OF SOUTH PASADENA Mayor

27

28 CITY OF TREASURE ISLAND City Manager h* D u Mayov

29 ST. PETERSBURG/PINELLAS COUNTY INTERLOCAL AGREEMENT THIS ST. PETERSBURGMNELLAS COUNTY INTERLOCAL AGRIZEMENT ( S/P Agreement ) is made and entered into as of this day of, ZOO-, by and between the City of St. Petersburg, Florida ( City ), a municipal corporation, and Pinellas County (( County ), a political subdivision of the State of Florida. RECITALS: WHEREAS, Section (2), Florida Statutes, authorizes the County to levy a local government infrastructure sales surtax ( Surtax ) of one percent (1%) throughout Pinellas County, Florida, subject to referendum approval, to finance, plan and construct infrastructure as defined therein; and WHEREAS, as provided by Section (2), Florida Statutes, the Surtax may be distributed in an interlocal agreement between the governing bodies of the Cities/Towns of Pinellas County (L Cities ) that represent a majority of the County s municipal population and the County; and WHEREAS, on November 7, 1989, the levy of the Surtax for an initial ten (10) year period was approved by a majority of those voting on the question at a referendum, and the County and Cities entered into an interlocal agreement dated September 19, 1989, providing for the distribution of the Surtax, which expired on January 31,2000; and WHEREAS, on March 25, 1997, the extension of the Surtax for an additional ten (10) years was approved by a majority of those voting on the question at a referendum, and the County and Cities entered into an interlocal agreement dated August 6, 1998, providing for the distribution of the Surtax, which expires on January 31, 2010; and WHEREAS, on March 13,2007, the extension of the Surtax for an additional ten (10) years was approved by a majority of those voting on the question at a referendum; and WHEREAS, the County and Cities recognize a continuing need to fund critical infrastructure improvements and believe it is in the best interests to enter into an interlocal agreement as to the distribution of the Surtax approved in the March 13,2007 referendum( Interloca1 Agreement ); and WHEREAS, the County has presented to the City the Interlocal Agreement to be signed by the governing bodies of the Cities; and

30 WHEREAS, the County recognizes that there are several projects of county wide importance that should be constructed within and adjacent to the City as listed in Appendix A ; amd WHEREAS the County has agreed to construct or fund the construction of the projects that are listed in Appendix A. NOW, THEREFORE, in consideration of the covenants herein contained, and other good and valuable consideration, the County and Cities agree as follows: Section 1. CONDITIONS PRECEDENT This S/P Agreement shall be effective upon the satisfaction of the following conditions precedent: A. The governing bodies of the Cities representing a majority of the municipal population of the County have signed the Interlocal Agreement along with the County. B. The Conditions Precedent contained in the Interlocal Agreement have been met which are a requirement for the Interlocal Agreement to become effective. Section 2. PROJECTS WITHIN AND ADJACENT TO THE CITY OF ST. PETERSBURG TO BE FUNDED COUNTY S SHARE OF THE PROCEEDS OF THE SURTAX A. The County agrees to construct those projects listed in Appendix A and to fund such construction from the County s share of the proceeds of the Surtax as delineated in Section 2, paragraph C, subsection 2 of the Interlocal Agreement. Section 3. EXECUTION OF S/P AGREEMENT This S/P Agreement may be signed in counterparts by the City and County hereto. Section 4. TERM OF S/P AGREEMENT The term of this SP Agreement shall be for ten (10) years, commencing on January 1, 2010 and ending on January 31,2020, and run concurrently with the levy of the Surtax. Section 5. ANNUAL REPORTING REOUIREMENTS The County shall annually provide to the City its progress on the projects listed in Appendix A and its expenditures for each such project. Section 6. AMENDMENTS TO THE S/P AGREEMENT Any amendment to this SP Ajgeement must be in writing and approved by both the City and the County. 2

31 Section 7. FILING OF S/P AGREEMENT This SP Agreement shall be filed with the Clerk of the Circuit Court, as provided in Section (1 l), Florida Statutes. IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed by the proper officers thereof, as of the day and year first above written. ATTEST: CITY OF ST. PETERSBURG, FLORIDA don subject to Resolution No, STATE OF FLORIDA Rick Baker, Mayor, and Eva Andujar, City Clerk, on behalf of the City Florida, who are per- r who have produced identification. as PROVED AS T v 3

32 PINELLAS COUNTY, FLORIDA, by and Through its Board of County Commissioners Deputy Clerk Chairman APPROVED AS TO FORM TY ATTORNEY STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of 3-9 by as (Title) of Pinellas County, who is personally known to me or who has produced as identification. NOTARY PUBLIC Sign: Print: Notary Public, State of Florida My commission expires:

33 APPENDIX 'A' County Program(1) City Projects(a) City Projects Total County Programs Total I. Pinellas Trail Expansion a) North Bay Trail 1 st Street North ( 1 st Avenue North - 62nd Avenue North) b) Pinellas Trail Extension (34th Street Overpass) $5.5 million $ 8.0 million 11. General & School Sidewalk Program a) Install missing sidewalk segments along County Roads in City $ 1.6 million S 10.0 million 111. IV. Intersection Capacity Program - Mast Arms, Crosswalks, Ramps a) 3gth Avenue North - 58th Street, 4gh Street, 2gth Street, $2.0 million $44.5 million 16* Street, Dr. M.L. King Street Countywide Road Improvement Programs a) Mast Arms at County Road Intersections in City $ 5.0 million. $50.0 million V. Roadway Beautification Program a) Cencral Avenue (Pinellas Trail to Sunset Park) $2.0 million $6.0 million VI. Community Parks Acquisition and Development a) Adam PropertyKhilds ParWClam Bayou S 4.0 Million $10.0 million VII. Environmentally Sensitive Lands Acquisition a) Clam Bayou Preserve $3.0 million $ 18.0 million VIII. Stormwater Conveyance System Improvement Program a) Master Storm Drainage Project F-13-1, Bear Creek $19.4 million million IX. Affordable Housing Land Assembly Fund a) To be Determined $2.0 million $30.0 millia Total $44.5 million T1mel-n struetion of Cltv Proiectq All City Projects listed above shall be completed based on a prioritization plan as developed by Pinellas County that provides for a minimum expenditure of up to $14.83 million by June 30,2013, another minimum expenditure of $14.83 millionby June 30,2016, and a final minimum expenditure of $14.83 million by December 30,2019, for a balance totaling $44.5 million.

34 CITY PROJECTS I. a) b) 11. a) 111. a) 1V. a) V. a) VI. a) VII. a) VIII. a) IX. a) North Bay Trail ( lst Avenue South - 62nd Avenue North) Scope of Work - Bike Lanes, Bike Trail, and Minor Right-of-way acquisition.. Cost = $2.0 million Pinellas Trail Extension (34th Street South - 7th Avenue South) Scope of Work - Pedestridike Trail overpass as part of the City's Downtown Trail Connection. Cost = $3.5 million Missing Sidewalk Segments along County Roads (see Attachment A). Cost = $1.6 million 3Xth Avenue North at 58* Street, 49* Street, 2gth Street, 16th Street Dr. M.L. King Street North. All intersections ranked high for accident locations. Scope of Work - Mast Arms, Cross Walks, Lane Improvements and Ramps Cost - Six (6) intersections at $333,333 per = $2.0 million Mast Arms at County Road Intersections within City. Scope of Work - Replace existing wire span traffic signals with mast arms at twenty three (23) intersections. Cost = $5.0 million Central Avenue (Pinellas Trail - Sunset Park) Scope of Work - Streetscaping and landscaping to include planted medians, sidewalks, crosswalks, decorative street lights, street trees, benches, on-street parking. Cost = $2.0 million Childs ParWAdams Property/ Clam Bayou Scope of Work - Procure/consolidate property abutting Childs Park Lake (2-3 residential properties). Install open pavilion Environmental Education Center, surrounding trail, and educational signage. Procure/develop private residential tract offered to City (Adams property) for passive park purposes and/or develop Clam Bayou Parklands to include picnic shelter, playgrounds, launch ramp and parking facilities. Cost = $4.0 million Clam Bayou Preserve Acquire submerged and uplands in accordance with Clam Bayou Restoration Master Plan, to be zoned and managed as preserve lands. Cost = $3.0 million Master Storm Drainage Project F-13-1, Bear Creek (see Attachment B) Cost = $19.4 million Affordable Housing Land Acquisition and Development (City-wide) Cost = $2.0 million 6

35 Attachment A Missing Sidewalk Segments along County Roads in St. Petersburg. We have surveyed County Roadways within the limits of St. Petersbwg and have quantified 7.78 miles of sidewalks do not exist along same. Inherent with missing sidewalks are ADA ramps that would need to be installed, estimated at 160 total. The below cost estimate includes new sidewalks, ADA ramps, and an anticipated length of short retaining walls between the back of the sidewalk and adjacent grade, made necessary by steel declines from property lines to back of curb. Sidewalks 7.78 miles x 5280 x 6 wide x $5.00/S.F. = $1,232,352 Ramps 160 x 500 each = $ 80,000 Retaining Walls 5000 L.F. x $60.00/L.F. = $ TOTAL = $1,612,352 USE = $1,600,000 7

36 !* Attachment B PENNY FOR PPJELLAS - ROUND Master Storm Drainage Projects - The below project is identified in the City of St. Petersburg Master Storm Drainage Plan, fully and/or partially located within Pinellas County Rights-of-way or easements, and discharges into County Drainage facilities. Scope = Quad 10 x 10 Box Culverts (30 ) and 50 x 10 ditch (8,290 ). The below stated costs have been updated to F-13-1 and F-13-2 Bear Creek! 19,400,000 8