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Home My WebLink AboutVI (B) Discussion/Action re: Resolution No. 97-07, relating to Sales Surtax Agenda 8-19-97 Item VI B FOLEY & LARDNER ATTORNEYS A T LAW CHICAGO POST OFFICE BOX 2193 SACRAMENTO JACKSONVILLE ORLANDO, FLORIDA 32802-2193 SAN DIEGO LOS ANGELES 111 NORTH ORANGE AVENUE, SUITE 1800 SAN FRANCISCO MADISON ORLANDO, FLORIDA 32801-2386 TALLAHASSEE MILWAUKEE TELEPHONE (407)423-7656 TAMPA ORLANDO FACSIMILE(407)648-1743 WASHINGTON D.C. WEST PALM BEACH MEMORANDUM VIA HAND DELIVERY TO: Ellis Shapiro, City Manager FROM: Paul E. Rosenthal, Esq. , City Attorney tf�i n v/ DATE: August 12 , 1997 RE: Sales Surtax Resolution Please find enclosed a Memorandum to the City Commission, along with proposed Resolution No. 97-07 regarding the proposed sales tax increase. It is necessary that you attach to the Resolution an Exhibit A which is the City of Ocoee Project List. The document should be labeled as Exhibit A and have the name of the City of Ocoee indicated thereon. In connection therewith, I am enclosing a copy of Section 5. 1 from the draft of the Interlocal Agreement. Please make sure that the Ocoee Project List complies with all of the requirements of Section 5. 1. 1 (ii) thereof. The Resolution is consistent with the form of resolution provided by Jean Bennett to you under cover of letter dated August 6, 1997 , except that references to expenditures related to law enforcement and stormwater have been deleted so as to be consistent with the Ocoee Project List. I am attaching hereto a blacklined copy of the Resolution showing changes from the form provided by the County. Attached hereto is a copy of Section 5 . 1 from the Interlocal Agreement. Please make sure that the Ocoee Project List complies with all of the requirements of Section 5 . 1. 1 (ii) thereof. Please note that Scott Glass ' Executive Summary is a copy of a fax which you sent to me. I suggest that you or Jean Grafton obtain a clearer copy from Commissioner Glass and attach it to my memorandum to the City Commission. Finally, I am enclosing herewith a proposed transmittal letter to the Orange County Chairman. PER:cm Enclosure (It C:\WPSI\DOCS\OCOE\MEMOS\SHAPIR0.81218/12/971OR!YF.per I mcl®a ESTABLISHED 1 8 4 2 A MEMBER OF GLOBALEX WITH MEMBER OFFICES IN BERLIN, BRUSSELS, DRESDEN, FRANKFURT, LONDON,SINGAPORE,STOCKHOLM AND STUTTGART FOLEY & LARDNER ATTORNEYS AT L A W CHICAGO POST OFFICE BOX 2193 SACRAMENTO JACKSONVILLE ORLANDO, FLORIDA 32802-2193 SAN DIEGO LOS ANGELES 111 NORTH ORANGE AVENUE, SUITE 1800 SAN FRANCISCO MADISON ORLANDO, FLORIDA 32801-2386 TALLAHASSEE MILWAUKEE TELEPHONE(407)423-7656 TAMPA ORLANDO FACSIMILE(407)648-1743 WASHINGTON D.C. WEST PALM BEACH MEMORANDUM TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Paul E. Rosenthal, Esq. , City Attorney DATE: August 12 , 1997 RE: Sales Surtax Resolution No. 97-07 The Orange County Commission has enacted a sales tax ordinance that allows residents to vote on whether to increase the sales tax by 1%. The election will be held by mail ballot with the deadline for the return of the ballots being November 4 , 1997 . In order for the City of Ocoee to be eligible for a share of the funds collected from the proposed sales tax increase, it is necessary that the City do the following on or before August 25, 1997 : (1) Approve and deliver to the Orange County Chairman a list of specific Projects the capital cost of which the City intends to pay, in whole or in part, from the proceeds of the Sales Surtax. This must include a brief description of each Project, plus a reasonable estimate of the cost of each Project, with the sum of all such estimated costs of the Projects on the City' s list being equal to or greater than the expected monies to be disbursed to the City from the Sales Surtax. (2) Adopt and deliver to the Orange County Chairman a Resolution of the City Commission requesting a share of the Sales Surtax proceeds in order to pay such capital costs. Additionally, prior to the receipt of any funds, the City must enter into a separate Accountability Agreement with the County. I am enclosing herewith an Executive Summary of the Local Government Infrastructure Surtax, dated August 6, 1997 , which has been prepared by Commissioner Glass for the Orlando City Council. ESTABLISHED 1 8 4 2 A MEMBER OF GLOBALEX WITH MEMBER OFFICES IN BERLIN, BRUSSELS, DRESDEN, FRANKFURT, LONDON,SINGAPORE,STOCKHOLM AND STUTTGART Attached hereto is proposed Resolution No. 97-07 regarding the inclusion of the City of Ocoee in the disbursement of sales tax proceeds. Adoption of the Resolution does not indicate support of the Ocoee City Commission for the proposed sales tax increase, but only makes the City eligible to participate should the sales tax increase be adopted by referendum. Exhibit A to the Resolution is the City of Ocoee Project List which sets forth those capital projects which would be funded from the sales surtax proceeds. Any sales surtax proceeds can only be spent for the cost of financing, planning and constructing capital projects identified on the Project List. At a later date, the County will provide the City with an Accountability Agreement for consideration and approval by the City. The City Manager has recommended that the City Commission approve the Resolution in order to be eligible to participate in the receipt of any sales surtax proceeds. RECOMMENDATION: It respectfully is recommended that the City Commission adopt Resolution No. 97-07 and the Project List attached as Exhibit A thereto and direct that the Resolution and Project List be delivered to the Orange County Chairman on or before August 25, 1997 . PER:cm Enclosure C:\WP51\DOCS\OCOE\MEMOS\COMMIS.812I8/12/97I ORIRE PER:mcirma Local Government Infrastructure Surtax Executive Summary -August 6, 1997 Scott A. Glass, Assistant City Attorney Sections 212.054 and 212.055, Florida Statutes, authorize the governing authority of each Florida county to levy a discretionary sales surtax of 0.5%or 1%. The levy must be approved by voter referendum. The Orange County Board of County Commissioners ("BCC") enacted an ordinance on August 5th levying a 1% sales surtax, subject to referendum by mail ballot in November. If approved, the proceeds of the surtax would be distributed in accordance with the terms of an interlocal agreement between the county, the municipalities representing a majority of the county's municipal population (i.e., Orlando), and the school board. By statute, the proceeds may only be used to finance, plan, and construct infrastructure and to acquire land for public recreation or conservation or protection of natural resources,and to close certain landfills. This executive summary will highlight the terms of the various documents necessary to place the sales surtax in place as proposed by the County. The City has already adopted a project list and will be asked to approve the interlocal agreement on August 1 lth. In order to understand fully the interlocal agreement, an initial understanding of the other documents is required. Sales Surtax Ordinance • Levies the tax and directs distribution of the proceeds per interlocal agreement • restricts the use of tax proceeds: • no spending on operations - only capital projects • only for projects on the project lists • no changes to project list without 4 approvals: (1) Oversight Board by 2/3 vote (2) BCC (3) Orlando City Council (4) School Board • no "lottery" games (i.e., no using proceeds to replace existing money) • repeals "5th cent" tourist tax on Oct. 1, 1998 or sooner if 0-rena and Citrus Bowl debt is retired • takes effect ONLY if voters approve tax on November 4th • "sunsets" on January 1, 2008 - CANNOT be extended • may only be amended or repealed by voter referendum • sunsets if Interlocal Agreement is not signed by August 25th 1 Interlocal Agreement • Parties - County - City of Orlando - School Board • Distribution: • Requires 100% distribution from State to County Comptroller • Comptroller then disburses: School Board 40.0% - Orange County & Municipalities 45.3% FDOT(I-4 improvements) 05.4% FDOT(other state roads) 05.5% OOCEA (western beltway) 02.3%* LYNX 01.5% * Western beltway caps at $50 million. Excess is then split 50% to school board, 50% to county & cities to be distributed pro rata. Also, OOCEA may, when system is complete and operating, reimburse the $50 million in which case it would be used for other regional transportation projects. • Disbursement to county &municipalities is per statutory formula • Cities eligible if: - over 500 population - provide project list and estimated costs by 8/25/97 - provide resolution requesting a share by 8/25/97 - execute an"Accountability Agreement"before first disbursement • Restrictions on spending • school board and county funds held until needed(cities get theirs right away) • all proceeds segregated—no commingling of funds • proceeds may only be used for projects on the Projects List • no supplanting of other revenues—no "lottery" games • borrowing restricted to longer of 2 years or comity's financing or financing of other participants as approved by county 2 • Lynx and Light Rail Restrictions: • no money to be spent on additional Lynx buses until Lynx board has made a determination that an expanded Lynx fleet will be financially feasible with regard to operation and maintenance expenses. Financial feasibility can take into account government subsidies. • Lynx may not expend money on light rail until County and City have determined that the project is financially feasible. • no money to be spent on light rail by County or City until party ;rc ..Ds°:. spend the money has made a determination that the project is financially feasible. Financial feasibility can take into account government subsies* * Prior to spending surtax funds on light rail the City is also required to enter into discussions with the County regarding the possible future termination of the County's obligation to appropriate and pay "increment revenues"or other funds to the City's downtown CRA. Please note, the City is only required to enter into discussions. The expenditure of the surtax funds is not tied to the outcome of such discussions. • Reporting requirements: • quarterly • extensive financial data and status reports • record-keeping requirements • Audits and Sanctions: • audits initiated by oversight board or county comptroller • audits performed by comptroller or, in extraordinary cases, by independent auditors selected by oversight board • sanctions (delay/reduction/termination of funding) for: • unauthorized/ illegal expenditures • noncompliance • failure/refusal to move the projects towards completion • Sanctions only imposed with dual approval of: • independent Oversight Board • independent County Comptroller 3 • Additional restrictions to be placed on County and School Board: • Neither County nor School Board shall increase ad valorem tax millage for funding capital improvements during life of sales surtax. If County or School board exceed current millage rates attributable to capital improvements (County - 0.25 mil, School Board - 2 mills) amount of excess will be deducted from offending parties' share of sales surtax proceeds and be distributed to other recipients.* • County and School Board shall each form a Citizens' Oversight Board to review and pre-approve design, plans, specifications, and construction contract documents for each project to be undertaken by the respective entity.* • These proposals were made by Commissioner Edwards at the 8/5/97 BCC meeting and have been tentatively approved by the BCC. They have not yet been approved by the School Board. • Termination of Interlocal Agreement: • terminates automatically if voters reject tax at referendum • otherwise, terminates 1/1/13 or when all proceeds have been expended Accountability Agreements • eligible cities and transportation agencies required to execute to get share • cities' agreements mirror terms imposed on Orlando in interlocal • transportation agencies' agreements mirror terms imposed on county in interlocal Project List Resolution • only listed projects may utilize surtax proceeds • lists may only be amended with approval of • Oversight Board by 2/3 vote • BCC • Orlando City Council • School Board • projects may be added once all existing projects have been fully funded 4 Oversight Board Ordinance • 7 voting members, 1 non-voting member: • County comptroller(non-voting) • County chairman appointment w/BCC approval • Mayor of Orlando appointment w/ City Council approval • School Superintendent appointment w/ School Board approval • Orange County Homeowners' Association appointment • Orange County Council of PTAs/PTSAs appointment • Greater Orlando Chamber of Commerce appointment • Executive Director of the Metropolitan Planning Organization • Eligibility requirements for appointees: • no elected officials, former elected officials (w/in 24 mos. of appt.), or candidates • no public employees • no immediate family of the above • no persons doing business with, or regulated by, any of the 16 participating entities • 3 year terms • : subject to "sunshine law", public records act, and code of ethics • staff support from comptroller's office, each participant pays pro rata share of cost (Orlando's projected share is 8.22%. Estimated cost for Orlando for the first year is less than$20,000. The City's projected revenue for the first year is $13,910,360.) • power to investigate and request audit of all uses of sales surtax - • file an annual public report and hold an annual public hearing to discuss the report • impose sanctions jointly with comptroller • sunsets 5 years after tax expires • can only be eliminated early by voter referendum, not by BCC How much money are we talking about? See attachment"A". What projects will the City do, and when? See attachment "B". 5 Proposed 10 Year Sales Tax Program Regional Transportation Needs and 40% to Schools Revenue Distribution 6% Annual Growth FY 1998 FY 1999 FY 2000 FY 2001 FY 2002 FY 2003 FY 2004 FY 2005 FY 2006 FY 2007 Total Total Collections 167,827,284 177,896,921 188,570,736 199,884,980 211,878,079 224,590,764 238,066,210 252,350,183 267,491,193 283,540,665 2,212,097,016 . ^ Schools 67,130,914 71,158,768 75,428,295 79,953,992 84,751,232 89,836,306 95,226,484 100,940,073 106,996,477 113,416,266 884,838,806 Regional Transportation 24,641,913 26,120,428 27,687,653 29,348,912 31,109,847 32,976,438 34,955,024 37,052,326 39,275,465 41,631,993 324,800,000 60 County/Cities 76,054,458 80,617,725 85,454,789 90,582,076 96,017,000 , 101,778,020 107,884,702 114,357,784 121,219,251 128,492,406 1,002,458,210 ~` ^ Orange Co. 54,409,359 57,673,920 61,134,356 64,802,417 68,690,562 72,811,996 77,180,716 81,811,558 86,720,252 91,923,467 717,158,603 Apopka 1,505,878 1,596,231 1,692,005 1,793,525 1,901,137 2,015,205 2,136,117 2,264,284 2,400,141 2,544,150 19,848,673 Belle Isle 456,327 483,706 512,729 543,492 576,102 610,668 647,308 686,147 727,316 770,954 6,014,749 Eatonville 197,742 209,606 222,182 235,513 249,644 264,623 280,500 297,330 315,170 334,080 2,606,391 Edgewood 91,265 96,741 102,546 108,698 115,220 122,134 129,462 137,229 145,463 154,191 1,202,950 Maitland 775,755 822,301 871,639 923,937 979,373 1,038,136 1,100,424 1,166,449 1,236,436 1,810,623 10,225,074 Oakland 60,844 , 64,494 68,364 72,466 76,814 81,422 86,308 91,486 96,975 102,794 801,967 Ocoee 1,513,484 1,604,293 1,700,550 1,802,583 1,910,738 2,025,383 2,146,906 2,275,720 2,412,263 2,556,999 19,948,918 Orlando 13,910,360 14,744,982 15,629,681 16,567,462 17,561,509 18,615,200 19,732,112 20,916,039 22,171,001 23,501,261 183,349,607 Windermere 136,898 145,112 153,819 163,048 172,831 183,200 194,192 205,844 218,195 231,286 1,804,425 , Winter Garden 988,708 1,048,030 1,110,912 1,177,567 1,248,221 1,323,114 1,402,501 1,486,651 1,575,850 1,670,401 13,031,957 Winter Park 2,000,232 2,120,246 2,247,461 2,382,309 2,525,247 2,676,762 2,837,368 3,007,610 3,188,066 3,379,350 26,364,651 Fredonia Transportation Notts: LRT $21,000,000 1) School allocation 40%of total collections State Roads $118,500,000 2) Regional Transportation allocation subtracted from remaining 60% LYNX buses $16,100,000 3) Assumes funds distributed to jurisdictions according to statutory formula after Schools and Regional Transportation deduction Western Belt $50,000,000 4) Forecast assumes new sales tax collection starts January 1, 1998 and runs 10 years assuming 6% annual growth (1997-98 base) 1-4 $119,200,000 . $324,800,000 City of Orlando Planning and Development Department Pile:Gunn 7.15 proposal antpo►tntion Planning Bureau 71, 7/30/97 11:33.AM Attachment "A" 1 Propoied 10 Year PXOgItitiM Regionru;. Transportation Needs and 40% to Schools City of Orlando Projects IleumWag 11195 Coot Proposed Saks Tat Capacity FY 1998 FY 1999 FY 2000 FY 2001 FY 2002 FY 2003 _ FY 2004 FY 2005 FY 2006 FY 2007 18 Yr.Total 110.300.000 Light Rail-Central Fl Pkwy to Livingston St••• 12,100,000 S4,200.000 S4,200,000 I S15,710.000 SR 436-Cony Ford to Beeline-6 la.•• 110,300,000 1 S 16 361,659 Colonial Drive-Tam a to Bum S2,076.540 S6,737,958 514,575.351 S23.390,049 p by-enhancement S1.840,464 S5.742,248 S5,971,938 S2,070,272 S2.153,083 52,239,206 120,017211 i' 15,833,000 Conway Road-Ilo(Tner to the Beeline••4 Ia S1,312,266 51,364,757 S1,419,347 SI,476,121 11,535,166 4 S7 309,050 Crystal Lake Dr /Maguire Blvd 1 la+intertctm S1.710.111 , S7,107,658 .CS 11. 961,t21 51,000,291 S2.Ot0,611 52,163,t36 19,766329 v. 7 51,195.215 Alden R -Orange Princeton-2 la realign 11,472,312 12.t}41,648 11,592,186186 19 a SI 1 572,000 Mission Rd-OWG to Conroy Rd••-new 4 la 15,106,476 51,407,911 12,928,154 53,045.593 54,751,121 53291,113 515,427,195 i 5746,112 N.International Dr.Improvement•-enhance S839,308 ,308 a S5,120.000 Raleigh St-Kirkman Rd to Ivey La-4 Ia fd)9.169 9 S 1,999,000 Virginia Drive-Orange to Mills-enhancement 52,102,122 12,186,207 53,03 I,S40 S7 319/69 S505,873 S2,188,616 S2,694,490421 016 to S1,185,/51 Bikeways Phase! S133,393 1416,186 1721,389 1150,049 I I S4,480,000 Tampa Ave•Gore Si to Colonial Dr-4 la 51,121,016 12 S7,650,000 Silver Star-Princeton to(range Illostom 7r-4 la 1637,641 S3 315,717 52,751,702 56,712.093 SI,177,667 12 26/,774 f2]53�65 54,199,159 S 11,696,96/ 13 13,180,00(1 Dixie Belle Dr-Curry Ford Rd to Gatlin Ave.)la II S5,454,545 Mercy Drive-Silver Stu to Colonial-4 la S452,613 51,412,133 ft,468,639 S1,527,385 S4,860,790 ,550 In S1,750,000 Lake Underhill Dr-South St.To Conwayupgrade 53,351,109 $1,120,741 51,59l.426 YSSI8,01S 51,077,61/ f1,120,723 52,716,126 l4 f3,650,000 Intersection Upgrades $660,970 i687,409 1711,905 f 1,487,00) 17 5552.272 Commander Drive-Turnbull to Pershing-new 3 Ia 5773,242 1804,171 5836,33! b1t69,792 5904,5{3 i7,7J{,113 to S3,940,000 Orange Ave-Gore to Michigan-61s 111/1,205 f881,205 19 S 16.870,000 Orange Blossom Jr.Colonial to Clircona-Ocoee $1,458,011 11 516 362 51,577,01 T 14.551,120 M 11,192,870 Boggy Creek Rd-Fourth St to Jetport Dr • 16 212,930 f6,492,647 16,752 353 S 19,4/7,931 S3,290,905 S3,422,54I 5.3,559,443 S 10,272.889 • 'S108,766,469 Total Sales Tat Program 14,125,432 111,366,614 S11,349,642 S15,487,818 515,459,206 513,054,603 S1/,370,984 524434,350' 137 25 S Revenue to City from 14 Sales Tax 113.910.360 514.744.982 5/5,629,68/ 516.367,461 5/7,56/,509 118,615,200 119,732,1/2 110,9/6.039 322,117 00/ 123u�161 S183,34fl607 Difference 39.784.929 13.378.36R 1/,280,039 11,079.644 $1,102.304 15,560.596 $1,36/,117 (13,6/8.311) (115,725,024) (11,963,348) 11.240,324 Cumulative Difference 59,784,929 5/3,163.296 1/4,443,335 115.522,979 I/7.625,283 323.185,879 $24,547,007 $20,918.696 55,203,671 12,240,324 • Cestingeaey Project 21 SI,S00,000 Bikeways Phase 11 l 1 i I 22f S32,353,535 John Yount Pkvey••E-W F.xpttiy to US441/1.ce Rd 1 $213,497 5222,037 52311 54/0,310 $l.952,1 I I 5172,175,116 ) 1 5394,7R0 1 5410,571 I I S11,972,714 10,9_SI2,411,69SI S11,949,761 $37,371241 S39,326,353 S 111,109,213 ' • •$2A(funded by Orange County 5220,135,636 ••Cost shored with Orange County •••142 million from sales lag to include$10.5 million each from City of Orlando and Orange County distributions and$21 million from Regional Project lilt. Note: Construction costs Waled by IX annually ley 4(Orise .PM•kK owl Ikwlop.rrnr Deporownt -. lleaprnrlw elver&wpm Attachment "11" r CITY OF OCOEE SALES SURTAX RESOLUTION CITY OF OCOEE RESOLUTION NO. 97-07 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA REGARDING THE INCLUSION OF THE CITY OF OCOEE IN THE DISBURSEMENT OF SALES SURTAX PROCEEDS; PROVIDING FOR THE USE OF SUCH PROCEEDS TO PAY THE; COSTS OF CERTAIN CAPITAL PROJECTS IDENTIFIED BY THE CITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Orange County has called for a levy of a one percent sales surtax, subject to the approval of the voters by referendum, to fund certain capital projects in Orange County, the proceeds of the sales surtax to be distributed in accordance with an interlocal agreement between the County, the City of Orlando, and the School Board of Orange County, which authorizes municipalities in Orange County to receive a share of the sales surtax proceeds for the purpose of funding capital projects, subject to certain conditions and obligations including the submission of a formal resolution by each municipality to the Board of County Commissioners requesting a share of the sales surtax proceeds and identifying those projects the municipality intends to fund with the proceeds; and WHEREAS, it is necessary and desirable to maintain and improve the quality of life and economic prosperity of the citizens of Ocoee, by providing road and transportation facilities for the citizens and visitors of the City, and by providing certain park and recreation facilities for youth, adult, and senior citizens of the City, and by providing certain other necessary facilities for the delivery of municipal services, by undertaking certain capital projects to be funded with sales surtax proceeds; and WHEREAS, the City Commission of the City of Ocoee wishes to request that the Board of County Commissioners of Orange County include the City of Ocoee in the disbursement of sales surtax proceeds to municipalities in Orange County, and wishes to identify for the Board of County Commissioners and the voters of Orange County the specific capital projects that the City of Ocoee intends and promises to undertake with sales surtax proceeds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF OCOEE, FLORIDA: Section 1. Request for Sales Surtax Proceeds. The City Commission of the City of Ocoee hereby requests that the Orange County Board of County Commissioners include the City of Ocoee in the disbursement of sales surtax proceeds to municipalities in Orange County. Section 2. Specific Projects to be Funded with Sales Surtax Proceeds. The City Commission of the City of Ocoee hereby promises to the voters of Orange County that it shall use the sales surtax proceeds disbursed to the City of Ocoee to pay the cost of financing, planning and constructing only those capital projects identified in the Project List of the City of Ocoee, attached hereto and incorporated by referenced as Exhibit "A". Section 3. Effective Date and Expiration Dates. This Resolution shall become effective immediately upon passage and adoption. 2 PASSED AND ADOPTED this day of August, 1997. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE: CITY OF OCOEE THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING APPROVED AS TO FORM AND LEGALITY HELD ON AUGUST _, 1997 this day of August, 1997. UNDER AGENDA ITEM NO. FOLEY & LARDNER By: City Attorney A:uvxrAx.o0218/1v97Ioco Ip€x:aa 3 EXHIBIT A CITY OF OCOEE - SALES TAX PLAN TRANS = Transportation/Roads 10 YEAR PLAN P&R = Parks and Recreation " . 411.„ ESTIMATED d... ..., . .!.I 4. . . ): ‘ PROJECT COST CATEGORY PRIORITY Recreation Park- Beech Recreation Center/A.D. Mims $ 7,850,000 P&R 1 Maguire Rd. Widening (SR 50 to Gotha Rd.) * 7,590,000 TRANS 2 Recreation Park - South 2,000,000 P&R 3 Recreation Park- Sawmill Neighborhood 1,100,000 P&R 4 West Colonial Dr. Widening ( Good Homes Rd. to Winter Garden City Limits) ** 5,460,000 TRANS 5 $ 24,000,000 * Total Project is $ 15,180,000, with the City of Ocoee funding half and Orange County funding half. **The City of Ocoee is committed to assist FDOT and Orange County in the planning, engineering and completion of this project. 8/14/97 Page 1 This redlined draft, generated by CompareRite - The Instant Redliner, shows the differences between - original document : A:\SURTAX.RES and revised document: A:\SURTAX.002 ( c'V- l (A4( Deletions appear as struck-through text surrounded by {} o LI Additions appear as double underlined text surrounded b l; J Y to7 CITY OF OCOEE SALES SURTAX RESOLUTION CITY OF OCOEE RESOLUTION NO. 97-07 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA REGARDING THE INCLUSION OF THE CITY OF OCOEE IN THE DISBURSEMENT OF SALES SURTAX PROCEEDS; PROVIDING FOR THE USE OF SUCH PROCEEDS TO PAY THE COSTS OF CERTAIN CAPITAL PROJECTS IDENTIFIED BY THE CITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Orange County has called for a levy of a one percent sales surtax, subject to the approval of the voters by referendum, to fund certain capital projects in Orange County, the proceeds of the sales surtax to be distributed in accordance with an interlocal agreement between the County, the City of Orlando, and the School Board of Orange County, which authorizes municipalities in Orange County to receive a share of the sales surtax proceeds for the purpose of funding capital projects, subject to certain conditions and obligations including the submission of a formal resolution by each municipality to the Board of County Commissioners requesting a share of the sales surtax proceeds and identifying those projects the municipality intends to fund with the proceeds; and WHEREAS, it is necessary and desirable to maintain and improve the quality of life and economic prosperity of the citizens of Ocoee, by providing road and transportation facilities for the citizens and visitors of the City, and by providing certain park and recreation facilities for youth, adult, and senior citizens of the City, and by providing certain other necessary facilities for the delivery of municipal services, by undertaking certain capital projects to be funded with sales surtax proceeds; and WHEREAS, the City Commission of the City of Ocoee wishes to request that the Board of County Commissioners of Orange County include the City of Ocoee in the disbursement of sales surtax proceeds to municipalities in Orange County, and wishes to identify for the Board of County Commissioners and the voters of Orange County the specific capital projects that the City of Ocoee intends and promises to undertake with sales surtax proceeds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF OCOEE, FLORIDA: Section 1. Request for Sales Surtax Proceeds. The City Commission of the City of Ocoee hereby requests that the Orange County Board of County Commissioners include the City of Ocoee in the disbursement of sales surtax proceeds to municipalities in Orange County. Section 2. Specific Projects to be Funded with Sales Surtax Proceeds. The City Commission of the City of Ocoee hereby promises to the voters of Orange County that it shall use the sales surtax proceeds disbursed to the City of Ocoee to pay the cost of financing, planning and constructing only those capital projects identified in the Project List of the City of Ocoee, attached hereto and incorporated by referenced as Exhibit "A". Section 3. Effective Date and Expiration Dates. This Resolution shall become effective immediately upon passage and adoption. 3 PASSED AND ADOPTED this day of August, 1997. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE CITY OF OCOEE THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING APPROVED AS TO FORM AND LEGALITY HELD ON AUGUST _, 1997 this _ day of August, 1997. UNDER AGENDA ITEM NO. FOLEY & LARDNER By: City Attorney A:\SURTAX.00218/12/97I OCOEE I PER:cm 4 4.5.3 City and Eligible Municipalities. If a reduction or termination of disbursements of funds is imposed against the City under subsection 4.3.9 or against any Eligible Municipality under section 5.1.1 or under the terms of its Accountability Agreement (or if for whatever reason the City or an Eligible Municipality is otherwise determined by a court of competent jurisdiction to be legally ineligible to receive all or any portion of its disbursement under this Interlocal Agreement or an Accountability Agreement), the funds which would have been disbursed to the City or the Eligible Municipality but for the reduction or termination shall be disbursed to the County and the remaining Eligible Municipalities (and, if applicable,the City)pro rata based on the formula used for disbursements under section 3.3. Article V USE OF SALES SURTAX PROCEEDS-ELIGIBLE MUNICIPALITIES AND TRANSPOR TA TION AGENCIES 5.1. Eligible Municipalities. 5.1.1 Eligibility Criteria. To be eligible for a share of the funds to be disbursed from the City/County Holding Account as set forth in section 3.3, a municipality, in addition to complying with the terms of the Sales Surtax Ordinance, Project Resolution and applicable provisions of Florida law, (i) must have had a population of no fewer than 500 residents as of January 1, 1997; and (ii) must deliver or must have delivered to the County Chairman on or before August 25, 1997, a list of specific Projects the capital cost of which the municipality intends to pay, in whole or in part, from the proceeds of the Sales Surtax, plus a brief description of each Project, plus a reasonable estimate of the cost of each Project,with the sum of all such estimated costs of the Projects on the municipality's list being equal to or greater than the sum of all disbursements which the municipality can be expected to receive under section 3.3; and (iii) must deliver or must have delivered to the County Chairman on or before August 25, 1997, a written resolution of the governing body of the municipality requesting a share of the Sales Surtax proceeds in order to pay such capital costs; and (iv) must execute a separate Accountability Agreement with the County. 20 DRAFT The Honorable Linda W. Chapin County Chairman 201 South Rosalind Avenue Orlando, FL 32801 Re: City of Ocoee Sales Surtax Resolution Dear Chairman Chapin: Pursuant to the request of Jean Bennett, please find enclosed the following: (1) Certified copy of City of Ocoee Resolution No. 97-07 as adopted on August 20, 1997 . (2) City of Ocoee Project List identifying specific Projects the capital cost of which the City of Ocoee intends to pay, in whole or in part, from the proceeds of the sales surtax. The Project List was approved by the Ocoee City Commission on August 20, 1997 and is also attached to the above Resolution as Exhibit A thereto. The above documents are provided in accordance with the Interlocal Agreement Regarding Local Government Infrastructure surtax between Orange County, Orlando and the School Board. It is requested that you acknowledge receipt of this letter and the attached enclosures by signing the enclosed copy of this letter and returning it to my attention. Sincerely, Ellis Shapiro City Manager City of Ocoee ES:cm Enclosures cc: Jean C. Bennett, County Administrator (with enclosures) ACKNOWLEDGEMENT OF RECEIPT The undersigned hereby acknowledges receipt of this letter and the referenced enclosures on this day of August, 1997. Name: Title: