HomeMy WebLinkAboutII Discussion and Direction to Staff re Resolution to Support Orange County Chairman Crotty's Mobility 2020 Transportation Plan May 9, 2003
ORANGE COUNTY MOBILITY 20/20
Document Summary
INTRODUCTION:
To implement the recommendations forwarded by Chairman Richard T. Crotty's
Transportation Commission in its report, Mobility 20/20— The Orange County
Transportation Mobility Initiative, the Board of County Commissioners will be asked to
approve four documents:
I. Orange County Transportation Sales Tax Ordinance;
2. Resolution approving the Transportation Sales Tax Project List;
3. Transportation Sales Tax Governing Board, Citizens' Oversight Board,
and Transit Board Ordinance; and
4. Orange County/Orlando Interlocal Agreement regarding the
Transportation Sales Tax.
As explained below, the City of Orlando is also a party to the Interlocal Agreement. On
May 5,2003, the City Council approved it and authorized the mayor to execute it.
The following is a summary of the purpose and principal provisions of each document:
TRANSPORTATION SALES TAX ORDINANCE:
The tax and the referendum. The sales-tax ordinance levies the "half-cent"
transportation sales tax (section 3). However, the tax does not take effect unless the
voters approve it at referendum (subsee. 11(b)). As required by state law, the tax will not
take effect until January 1,2004 and will expire twenty (20) years later, on December 31,
2023.
The ballot summary is set forth in section 7. The ordinance requires the ballot summary
to be on the ballot in Spanish, too.
Ballot Question and Ballot Language. The ballot title and explanatory statement is as
follows:
Orange County Transportation Initiative to Relieve Traffic
Congestion,Enhance Mobility and Improve Pedestrian Safety.
To relieve traffic congestion, this proposal provides funding to widen.
improve and extend roads, major highways, and intersections countywide,
enhance mobility, improve pedestrian and traffic safety, and begin
development of a rapid-transit system. Funding would be provided by a
voter-approved half-cent per dollar sales tax for a period of twenty years.
Requires that all funds be spcnt on capital and construction costs.
Requires oversight of all expenditures by an independent oversight
commission.
FOR the half-cent sales tax
AGAINST the half-cent sales tax
Limits on the use of the tax revenues. The ordinance limits the use of sales-tax revenue.
The revenues (as well as all investment earnings and sales-tax bond proceeds) are
allowed to be spent only on the projects identified or contemplated in the project list. The
board will be asked to approve the project list as an exhibit to the resolution described
below.
Spending sales-tax funds on something not set forth in the project list, whether the
expenditure is by the county, by Orlando or any other city or by any other government
agency, is a violation of the ordinance and subject to a range of sanctions by both the
county comptroller and the oversight board described below (subsec. 6(a)).
Changing the project list. Once approved, the project list can be changed, but the
process of changing it is subject to severe restrictions and requirements(subsec. 6(c)).
Generally, to add, delete or modify a project, the affected jurisdiction must get an
approving vote of no fewer than five of the seven oversight-board members and a second
approving vote as follows:
• In the case of Orange County projects, two-thirds (2/3) of the
Board of County Commissioners;
• In the case of Orlando projects, two-thirds (2/3) of the City
Council; and
• In the case of all other projects, two-thirds (2/3) of the "governing
board" described below (subsec. 6(c)).
If the oversight board either votes against the proposed change to the project list, or votes
to approve it, but the approving vote is by fewer than five of the seven members, the
affected jurisdiction can still get the project list changed, but at that point, the approving
vote of the Board of County Commissioners, the City Council or the governing board
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(whichever is applicable) ratchets up to a required four-fifths (4/5)vote, not just two-
thirds (subset. 6(c)).
For transit and freight-train-mitigation projects, the change must be approved first by the
transit board,then by the governing hoard. If the transit hoard's approval is by less than
a unanimous vote of all three of its members, the governing board's approval must be by
a two-thirds (2/3) vote.
In other words, the voters have good reason to be assured that, once the tax is approved,
the project list will not be subject to frivolous or frequent changes.
There are two exceptions to the onerous requirements described above. First, if a
jurisdiction has been frugal and efficient and ends up with a surplus of sales-tax funds
after completing its projects, it can add more projects to the project list by getting
approval by simple majority vote of the oversight board. Second, before undertaking
their specific pedestrian-safety projects (such as sidewalks, bike trails, intersection
improvements, etc.), the cities other than Orlando must either have them specified in their
individual "Accountability Agreements"with the county or get them approved by the
oversight board. These projects likewise need only a simple majority vote by the
oversight board(subsec. 6(c)).
Finally, a project may be added to the project list only if it lies within the boundaries of
Orange County (subsec. 6(a)).
Other matters. Any attempt to amend the taxpayer protections in the sales-tax ordinance
after the tax is approved at referendum, will require a second referendum (subsec. 8(b)).
If the tax is not approved at the referendum, the ordinance automatically sunsets on
January 1,2004 (subsec. 11(c)).
In addition to the above, the ordinance covers the following additional technical points:
• The ordinance specifies that the tax revenues are to be distributed
in accordance with the interlocal agreement(sec. 4).
• The ordinance specifies various trust accounts that the county
comptroller must establish and use in the distribution of the sales-
tax revenues (subscc. 5(b)).
• The ordinance directs the comptroller to segregate the sales-tax
revenues in separate funds and accounts and specifies the
limitations under which the comptroller can transfer the funds
between the trust accounts (subscc. 5(b)).
• The ordinance prohibits the use of sales-tax revenues for
operational expenses of any kind (subsec. 6(a)).
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• The ordinance specifies that the numerous restrictions and
limitations on the use of the sales-tax revenues will continue
despite any repeal or termination of the ordinance itself(subsec.
11(c)).
RESOLUTION APPROVING TRANSPORTATION SALES TAX PROJECT
LIST:
The resolution approves the list of transportation projects that may be paid with sales-tax
funds. The resolution also allows sales-tax funds to be spent on acquiring land for
conservation and protection of natural resources as necessary to mitigate the
environmental impacts of the numerous transportation projects.
The list of projects is an attachment to the resolution. It organizes the numerous projects
into four large groups:
• "Major Road Projects", which consist of improvements to nine
state roads, including Interstate 4, that the Florida Department of
Transportation will undertake.
• "Local Road Projects", which are city, county and state road
projects that will be undertaken by the county, by Orlando, and by
eight other municipalities.
• "Pedestrian-Safety Projects", which are numerous sidewalks, bike
trails, pedestrian overpasses, traffic-signal systems, and
intersection improvements that will be undertaken by the county
and by all cities within the county (other than Bay Lake and Lake
Buena Vista).
• "Transit and Freight-Mitigation Projects", which consist of rapid-
transit and other mass-transit systems, railroad overpasses and
underpasses to be constructed for purposes of mitigating the effects
of freight-train crossings on vehicular traffic in the county, and
possible rerouting of freight trains to areas of lesser traffic impacts.
The project list contains both estimated project costs and estimates of the portion of the
cost that will be paid from sales-tax funds. All estimates have been discounted to 2003
dollars. Thus, the amounts actually spent in later years will likely be greater than the
estimates.
As to local road projects, the Intedocal Agreement and future"Accountability
Agreements" with the municipalities require and will require at least 20% of the road cost
to come from some source other than sales tax. The requirement is to ensure that the
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county and the several cities have an incentive to continue to make new development pay
its fair share of the cost of road improvements.
The project list is approved by resolution, not ordinance, so that changes to the list, as
difficult as they generally will be to make, will not have to be done by amending
ordinances.
TRANSPORTATION SALES TAX GOVERNING BOARD, CITIZENS'
OVERSIGHT BOARD, AND TRANSIT BOARD ORDINANCE:
Three new boards. This ordinance, sometimes called the"oversight-board ordinance",
creates three new boards. First, it establishes the"governing board" consisting of all
seven members of the Board of County Commissioners plus the mayor and the first
mayor pro tern of Orlando. Also, one alternate member is to be an elected official
nominated by the county chairman and confirmed by the governing board. the
governing board will be asked periodically to consider and either approve or disapprove
of changes to the project list. Its role is defined in section 6 of the sales-tax ordinance
and in various parts of the interlocal agreement.
Second, the ordinance establishes the oversight board consisting of seven voting
members, plus the county comptroller serving as a non-voting member, as follows:
• A professional engineer currently or recently licensed by Florida.
• A planner certified by the American Institute of Certified Planners
who has been nominated by the Orlando Mayor.
• A certified public accountant currently or recently licensed by
Florida.
• A member nominated by a citizen "watchdog" group selected as a
nomination source by the Board of County Commissioners (for
example, a group such as the Orange County Homeowners
Association, County Watch or the League of Women Voters).
• An attorney admitted to practice in Florida.
• A member nominated by a state chartered environmental
organization selected as a nomination source by the Board of
County Commissioners.
• A member with experience in transportation construction.
• Ex officio, the Orange County Comptroller(a nonvoting member).
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Third, the ordinance established the transit board consisting of the County Chairman, the
Mayor of Orlando, and the Secretary of District 5 of the Florida Department of
Transportation. The transit board will create, implement and manage a transit systems
plan, propose and prioritize transit and freight train mitigation projects to be paid for with
sales tax proceeds, and make recommendations regarding such projects to the governing
board.
Thus, the governing board and the transit board are composed of elected officials. The
oversight board is a citizens' board.
No conflicts of interest. The ordinance has strict prohibitions against appointment of
anyone to the oversight board who may be getting sales-tax funds.
Four members of the oversight board (specifically, the members other than the county
comptroller,the watchdog-group member, and the planner) arc to be nominated by the
county chairman and confirmed by the governing board. All members must be county
residents. After the initial staggered terms, all members will serve three-year terms, up to
a maximum of two full terms.
Powers and duties of the oversight board. The oversight board will have the power to
monitor, inspect, investigate, and audit all deposits, investments, uses, and expenditures
of the sales tax. It will initiate audits and monitor compliance by all government agencies
with the restrictions imposed on the use of the sales tax. Its duty will consist of ensuring
that all government agencies comply with the restrictions imposed on the use of the sales
tax. It will be required to hold public hearings at least annually and to report to the
citizens of Orange County regarding the use of the sales tax.
As described above, the sales-tax ordinance grants the authority to approve or disapprove
changes to the project list to the oversight board. As described below,the interlocal
agreement grants to the oversight board the power to initiate audits of the use of sales-tax
revenues and to impose equitable sanctions against any government agency, including the
county, for misuse of the funds. It shares the audit and sanction powers with the county
comptroller.
In other words,the oversight board is a potent instrument for ensuring accountability in
the use of sales-tax dollars.
Sunset provisions. As with the sales-tax ordinance and the project resolution, the
oversight-board ordinance will sunset if the sales tax is not approved at referendum.
Otherwise, the ordinance will remain in effect until the fifth anniversary of the expiration
of the sales tax (that is, January I, 2029). Any attempt to amend the ordinance to dilute
the powers or composition of the oversight board must be approved at referendum.
ORANGE COUNTY/ORLANDO INTERLOCAL AGREEMENT REGARDING
TRANSPORTATION SALES TAX:
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Overview. The Transportation Commission inventoried the capital-improvement plans
not just for Orange County,but for all the major transportation agencies in Central
Florida. It inventoried all transportation-funding sources, not just the local-option sales
tax. The commission's report summarized all the major foreseeable capital expenditures
for roads and calculated how much additional tax revenue would be needed to accelerate
major road projects such that they might be completed in ten years.
From this analysis, the commission concluded that the only way to accelerate the long-
range major road projects and to provide funding for rapid transit and freight-mitigation
projects was to get voter approval of a half-cent sales tax.
The authorizing statute, section 212.055(2) of Florida Statutes, gives two options for
distributing the sales-tax revenues if and when approved by the voters. The first option is
known as the"statutory formula". There is little need to describe the formula in detail
because it simply will not allow the county to undertake the state-road, mass-transit, and
freight-mitigation projects recommended by the transportation commission. The formula
would require some 30% of all sales-tax revenues each year throughout the 20 years to go
to the 13 municipalities in the county, which would leave insufficient funding for those
projects.
The only way the county can avoid the statutory formula is to negotiate and enter into an
interlocal agreement with "the governing bodies of the municipalities representing a
majority of the county's municipal population ...." In Orange County, that means the
county must strike a deal with the Orlando City Council.
In other words, to implement the transportation commission recommendations to levy the
half-cent sales-tax and undertake a sweeping transportation-construction program, the
Board of County Commissioners and the City Council must agree to disburse the sales-
tax revenue each year in a way that provides the needed funding for the major state-road
projects, the rapid-transit projects, and the freight-mitigation projects.
That is the primary purpose of the interlocal agreement. The agreement also imposes
severe restrictions and strict accountability requirements on the use of the sales-tax
revenue.
Deposits of the Revenues. The interlocal agreement instructs the Florida Department of
Revenue to distribute all sales-tax revenues to the county comptroller (sec. 3.1).
Promptly when she receives each distribution from DOR, the county comptroller must
deposit the funds in certain accounts and sub-accounts (sec. 3.2).
After making sure that funds to service county debt wilt be available when needed
(subsec. 3.2.1),the comptroller first deposits money in the accounts for all the local-road
projects (subsec. 3.2.2). These projects are a top priority. The related accounts will get
all the needed funding in the first ten years. Each deposit is divided among sub-accounts
for the county and each of the eight cities that will be undertaking the local-road projects:
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Apopka, Eatonville, Edgewood, Maitland, Ocoee, Orlando, Winter Garden, and Winter
Park(subset. 3.2.2). The amount of the various deposits depends on the estimated costs
of the various road projects.
Next, the comptroller will make deposits to the pedestrian-safety project accounts
(subsec. 3.2.3). The amounts deposited will be divided among the county and all cities
(other than Bay Lake and Lake Buena Vista) by population, except that each city is
guaranteed a minimum of$250,000 regardless of its size. The population-based
allocations are based on the 2000 census. The allocations will be adjusted after the 2010
census. These projects are also a high priority and likewise get funded fully in the first
ten years of the tax levy.
Any balance remaining after the above deposits must be deposited into a holding account
named the"Major Roads and Transit Holding Account" (subsec. 3.2.4). Funds will
accumulate in this account and be used eventually for the FDOT road projects, the transit
projects, and the freight-mitigation projects.
Disbursement to Cities and State Agencies. The comptroller is required to disburse the
local-road and pedestrian-safety funds immediately to the City of Orlando (subsec. 3.3.1).
The other municipalities will get their revenues, but only if and when they execute
appropriate"accountability agreements" and comply with certain other requirements as
described below(subsec. 3.3.3). The form of these agreements will likely be drafted and
distributed to the other citics later this year, but before the comptroller starts getting
sales-tax disbursements from DOR next year.
Similarly, FDOT and each other transportation agency(if any)will get their respective
funding only if and when an appropriate "accountability agreement" in form and
substance acceptable to the Board of County Commissioners is negotiated and executed
by the particular agency (subsec. 3.3.4).
Restrictions on Use of the Tax Revenues. Section 4.1 contains extensive restrictions on
the county's use of the sales-tax dollars. For example, this section imposes the following
restrictions:
• The tax dollars can be used only for projects on the project list.
• Tax dollars in the county's local-road account cannot be used for
pedestrian-safety projects and vice versa.
• If the county enjoys a surplus of funds for any reason,it may
likewise use the surplus only for projects approved by the
oversight board and the Board of County Commissioners.
• The county must continue to make benefiting parties (such as land
developers) pay a fair share of the cost of local-road projects.
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• The county may issue bonds to accelerate its projects, but it may
do so only in a way that does not jeopardize the contract right of
the cities to get their full amount of sales-tax funding.
• If the county gets reimbursed for any of its projects from, say, the
state or federal government, it must treat the reimbursement
revenues as if they were sales-tax revenues.
Section 4.2 imposes equally strict limitations on the use of sales tax dollars by the City of
Orlando. Generally, the restrictions imposed against Orlando mirror those imposed
against Orange County.
Strict Accountability and Sanctions. Both the county and Orlando are required to make
detailed, extensive reports each calendar quarter to the oversight board (subsec's. 4.1.6
and 4.2.7). In addition, both the oversight board and the comptroller have the authority.
both separately and jointly, to audit the county and the city (subsec's. 4.1.8 and 4.2.9). If
either the county or the city is discovered to have failed or refused to comply with Florida
law, the sales-tax ordinance, the project list, or the interlocal agreement, or otherwise is
found to have spent any of the money in an illegal or unauthorized fashion, the
comptroller or the oversight board (or both) can impose equitable sanctions such as
delaying, reducing, or terminating the disbursement of the sales-tax funds or filing a
lawsuit to recover the unauthorized expenditures (subsec's. 4.1.9 and 4.2.10).
Pooled Environmental-Mitigation Funding. In section 4.6, the interlocal agreement
declares the county's intent to secure approvals from regulatory agencies, such as the
water-management districts,to pool all the funds that the county, the cities, and the
transportation agencies (such as FDOT) will have to spend to mitigate the environmental
impacts of the sales-tax projects. The county would then use the funds to purchase
environmentally valuable lands and assemble conservation lands in a way that enhances
public benefit and use. The city agrees to cooperate and participate in the mitigation
options established by the county.
Municipalities. The municipalities other than Orlando (and Bay Lake and Lake Buena
Vista) must meet the following requirements (subset. 5.1.1) to be eligible to get funding
for pedestrian-safety projects:
• the municipality must deliver a list of the specific pedestrian-safety
projects to be funded with sales tax dollars and the estimated costs
of each;
• the municipality must approve a resolution of its city council
approving the use of sales tax funds to pay the cost of all the
projects on the project list(not just the municipality's projects);
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• the municipality must get approval of its pedestrian-safety projects
from the oversight board or must have them identified with
specificity in the particular Accountability Agreement; and
• the municipality must execute an accountability agreement
consistent with the interlocal agreement and acceptable to the
Board of County Commissioners.
The accountability agreements must mirror the restrictions imposed in the interlocal
agreement on the county and Orlando and may have such other provisions as the board
deems prudent(subsec. 5.1.4).
Transportation Agencies. The interlocal agreement recognizes implicitly that the county
has a substantial task in eventually reaching accountability agreements with the
transportation agencies. For example, the accountability agreement with FDOT
regarding the improvements to Interstate 4 and the other state roads likely will have
numerous issues for negotiation.
Consequently, the interlocal agreement grants no third-party rights or entitlements
whatsoever to FDOT or any other transportation agencies (sec. 5.2). It expressly declares
that, if accountability agreements are not negotiated and executed between the county and
any of the transportation agencies, resulting in substantial sales tax funding not being
disbursed as planned, the county will have two options: it could terminate the sales tax
early, presumably as of the date the local-road and pedestrian safety projects will be
funded. Alternatively, it can negotiate with the city to agree on a use of the freed-up
funds for other purposes.
In other words, although many conditions must be fulfilled before the projects for FDOT
and possibly other transportation agencies can he funded, the Board of County
Commissioners will retain full control and all its prerogatives with respect to the sales
tax. The board will be obligated to fund the major-road and mass-transit projects only if
and when it gets the required agreements in form and substance satisfactory to the board.
The board will have no binding legal obligations until it is fully satisfied with the
proposed agreements and is willing to assume the binding obligations.
Otter matters. The interlocal agreement terminates on January I, 2004, if the voters
refuse to approve the sales tax at referendum. Otherwise, it terminates simultaneously
with the repeal or expiration of the tax (that is, probably on December 31,2023). In any
event,the numerous restrictions and requirements imposed by the agreement on the use
of the sales-tax revenues survive termination of the agreement and continue to apply so
long as the funds remain available and unspent.
The various municipalities other than Orlando (and Bay Lake and lake Buena Vista)
have third-party rights of enforcement under the interlocal agreement (sec. 8.3). FDOT
and other transportation agencies, in contrast, have no rights of third-party enforcement
whatsoever. Moreover, amendments to the interlocal agreement between the city and the
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county that would affect the rights of municipalities cannot he approved by the two
parties without the consent of the governing bodies of all the other municipalities (sec.
8.2).
Because the interlocal agreement imposes a number of responsibilities, as well as a
considerable measure of additional authority, upon the county comptroller, she is being
asked to consent to all of the provisions that apply to her under the interlocal agreement.
SUMMARY
If approved by the Board of County Commissioners and the City Council, this sales-tax
financing plan for transportation improvements in Orange County will be, perhaps, the
most complex local-option sales-tax transaction in the history of Florida. It is a sweeping
and expansive proposal, and the documents reflect the complexity. Nevertheless, after all
details have been completed, county staff believes that the documents described above
reflect the recommendations forwarded to the Orange County Board of County
Commissioners by the Chairman Richard T. Crotty's Transportation Commission in its
Mobility 20/20 --The Orange County Transportation Mobility Initiative_
Il
#144339 vs
1 DRAFT
2 May 9,2003
3 ORANGE COUNTY
4 TRANSPORTATION SALES TAX
5 ORDINANCE
6
7 ORDINANCE NO. 2003 -
8
9
I AN ORDINANCE RELATING TO TAXATION IN ORANGE
11 COUNTY, FLORIDA; PROVIDING A SHORT TITLE AND
12 LEGISLATIVE FINDINGS; LEVYING ON ALL TAXABLE
13 TRANSACTIONS, AT THE RATE OF ONE-HALF OF ONE
14 PERCENT (0.5%), THE "LOCAL GOVERNMENT
15 INFRASTRUCTURE SURTAX" PURSUANT TO SECTION 212.054
16 AND SUBSECTION 212.055(2) OF FLORIDA STATUTES (2002);
17 PROVIDING FOR DISTRIBUTION OF THE SURTAX PROCEEDS
18 AND CREATION OF CERTAIN TRUST FUNDS AND TRUST
19 ACCOUNTS IN CONNECTION THEREWITH; IMPOSING
20 RESTRICTIONS ON THE USE OF SALES SURTAX PROCEEDS
21 (AND ALL RELATED INTEREST AND OTHER INVESTMENT
22 EARNINGS); PROVIDING THAT THE TAX WILL TAKE EFFECT
23 ONLY UPON APPROVAL BY THE ELECTORATE; PROVIDING
24 FOR A REFERENDUM; REQUIRING FURTHER VOTER
25 APPROVAL FOR REPEAL OF THE ORDINANCE IN ITS
26 ENTIRETY AND FOR AMENDMENTS AND REVISIONS TO OR
27 REPEAL OF CERTAIN SECTIONS AND SUBSECTIONS OF THE
28 ORDINANCE; PROVIDING FOR CODIFICATION AND
29 SEVERABILITY; PROVIDING EFFECTIVE DATES AND
30 EXPIRATION OR "SUNSET" DATES.
31
32
33 BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
34 ORANGE COUNTY:
35
36 Section 1. Short Title. This ordinance shall be known and may be cited as the
37 "Orange County Transportation Sales Tax Ordinance".
38
39 Section 2. Legislative Findings. The Board of County Commissioners of Orange
40 County, Florida, hereby makes the following legislative findings and declares them to be, in part,
41 the legislative, legal, and public policy bases for the enactment of this ordinance:
42
43 (a) It is necessary and desirable to promote and protect the health and safety of the
44 traveling public in Orange County and maintain and improve the quality of life and economic
45 prosperity of the citizens of Orange County by providing road and transportation facilities for the
46 citizens and visitors of the county.
47
48 (b) Orange County Chairman Richard T. Crotty convened the County Chairman's
49 Transportation Commission, consisting of active and knowledgeable citizens and leaders of
50 business, governmental, academic, civic, social and professional organizations, to study the
51 transportation needs of the county. The commission identified a need for additional capital to
52 construct road and other transportation facilities in Orange County and considered a wide range
53 of options for additional revenue. At the conclusion of its deliberations, the commission issued
54 its report, entitled Mobility 20/20—The Orange County Transportation Mobility Initiative.
55 Among other things, the report recommended the levy of a half-cent sales tax.
56
57 (c) Subsection 212.055(2) of Florida Statutes (2002) authorizes the levy of the local
58 government infrastructure surtax at the rate of one-half of one percent(0.5%), subject to the
59 approval of the electors of the county in a referendum, to finance, plan, and construct
60 infrastructure, and to acquire land for public recreation or conservation or protection of natural
61 resources.
62
63 (d) Subsection 212.055(2) authorizes the proceeds of the sales tax to be distributed
64 and disbursed among a county and the municipalities within the county in accordance with an
65 interlocal agreement entered into between the county and the municipality or municipalities
66 representing a majority of the municipal electors in the county.
67
68 (e) The levying of a discretionary sales tax in Orange County at the rate of one-half
69 of one percent (0.5%), with the tax revenues to be distributed and disbursed among the county
70 and several municipalities within the county, with portions of the county's share to be disbursed
71 further to certain transportation agencies, all to pay the cost of acquiring, financing, planning,
72 and constructing transportation infrastructure (and to mitigate the environmental impacts
73 thereof), will relieve certain material deficiencies now existing in the transportation system in
74 Orange County.
75
76 (t) The approval of a discretionary sales tax by the electors of the county, if it occurs,
77 will be granted in large part because the voters are confident that the proceeds will he used (i)
78 only to fund transportation projects that promote and protect public safety and preserve and
79 enhance the quality of life and general economic prosperity in the county and (ii) only with
80 regular reports of all expenditures and the status of all funded projects to be provided to an
81 independent citizens group, which in turn will report at least annually to the public, to assure that
82 the proceeds are used only to fund those projects included or contemplated in an approved
83 project list.
84
85 (g) The diverse community organizations and citizens who support the levy of a half-
86 cent sales tax have voiced their concern that the proceeds be responsibly and prudently managed
87 by the various government agencies that would receive the funds and have also voiced support
88 for the creation of an independent board of citizens to monitor the use of the proceeds. In
89 response to this concern the board of county commissioners has, contemporaneously with
90 enactment of this ordinance, enacted Ordinance No. 2003- which establishes
91
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92 (i) the Orange County Citizens' Transportation Oversight Board (the
93 "oversight board") to monitor, scrutinize, and provide recommendations with respect to the use
94 of the proceeds of the sales tax; and
95
96 (ii) the Orange County Mobility 20/20 Governing Board (the"governing
97 board"), which consists of the county chairman, all county commissioners, and the mayor and
98 the first mayor pro tern of the City of Orlando, and which will review and approve or disapprove
99 proposed changes to transportation projects to be paid for with sales tax funds; and
100
101 (iii) the Orange County Transit Board(the "transit board"), which consists of
102 the county chairman, the mayor of the City of Orlando, and the secretary of District 5 of the State
103 of Florida Department of Transportation, which will create, implement, and manage a transit
104 systems plan and will determine and oversee which governmental agency or agencies will
105 construct, operate, and maintain improvements to implement and manage the transit systems
106 plan, and which will recommend additions and deletions of and material changes to, and
107 otherwise determine the priorities for, transit and freight-train-mitigation projects to be paid for,
108 in whole or in part, with sales tax proceeds.
109
110 Section 3. Levy of Sales Tax. Pursuant to Subsection 212.055(2) of Florida Statutes
III (2002), there is levied on all taxable transactions in Orange County, at the rate of one-half of one
112 percent(0.5%), the discretionary sales surtax known as the "local government infrastructure
113 surtax" (the "sales tax ").
114
115 Section 4. Distribution of Sales Tax Proceeds. As allowed by subsections
116 212.054(4) and 212.055(2) (c) of Florida Statutes (2002), the proceeds of the sales tax less the
117 cost of administration shall be distributed by the State of Florida Department of Revenue as set
118 forth in an interlocal agreement which the county and the City of Orlando, Florida ("Orlando"),
119 have entered into contemporaneously with the enactment of this ordinance. That agreement
120 constitutes the interlocal agreement contemplated under subparagraph(c)1 of subsection
121 212.055(2)of Florida Statutes (2002) and is to be available for inspection and copying by the
122 public during working hours at the office of the clerk to the board of county commissioners.
123
124 Section 5. Transportation Sales Tax Trust Fund and Trust Accounts.
125
126 (a) Transportation Sales Tax Trust Fund. There is hereby created the Orange
127 County Transportation Sales Tax Trust Fund into which sales tax proceeds shall be deposited by
128 the county as required by the interlocal agreement.
129
130 (b) Trust Accounts. There are hereby created within the trust fund the following
131 trust accounts:
132
133 County Road Projects Trust Account
134
135 County Pedestrian Safety Projects Trust Account
136
137 Orlando Road Projects Trust Account
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138
139 Orlando Pedestrian Safety Projects Trust Account
140
141 Other Municipalities Road Projects Trust Account
142
143 Other Municipalities Pedestrian Safety Projects Trust Account
144
145 Major Roads and Transit I Iolding Account
146
147 Surplus Sales Tax Trust Account
148
149 The Orange County Comptroller is authorized to establish additional accounts and suhaccounts
150 within the trust fund as may be necessary or useful in the administration of the sales tax proceeds
151 and in complying with the requirements of Florida law, this ordinance, the interlocal agreement,
152 and the covenants and agreements entered into by the county from time to time in connection
153 with any borrowings payable from the proceeds of the sales tax, so long as such additional
154 accounts and suhaccounts are not inconsistent with the requirements and restrictions of this
155 ordinance and the interlocal agreement. Furthermore, the comptroller is authorized and directed
156 to take such additional steps as necessary or useful under generally accepted governmental
157 accounting principles to ensure that the balances in the several accounts at the end of each fiscal
158 year carry forward to the subsequent fiscal year.
159
160 (c) Segregation of Fund and Accounts. The transportation sales tax trust fund and
161 all its accounts and suhaccounts shall be separate and apart from all other existing and future
162 county funds, accounts, and suhaccounts, and there shall be no other county revenues deposited
163 or otherwise commingled in either the trust fund or its accounts and suhaccounts. However,
164 notwithstanding the foregoing, all interest and other investment earnings on the monies deposited
165 in the trust fund and its several accounts and subaccounts shall be retained in the trust fund and
166 shall be credited to the same account or subaccount as the monies on which they were earned.
167 Thereafter, the interest and other investment earnings will follow the monies on which they were
168 earned and will be subject to the same requirements and restrictions as are imposed by this
169 ordinance and the interlocal agreement on the monies on which they were earned.
170
171 The designation and establishment of the trust fund and the various accounts and
172 subaccounts in and by this ordinance shall be in keeping with generally accepted governmental
173 accounting principles. Cash and investments required to be accounted for in the trust fund and
174 its several accounts and subaccounts may be deposited in a single bank account, commingled for
175 investment purposes, and/or pooled with other county monies in a common investment program
176 or programs, provided that standard accounting records are maintained to reflect control or
177 restricted allocation of the monies for the various purposes of the trust fund and its several
178 accounts and subaccounts.
179
180 (d) Transfers Between Accounts. Monies deposited in the several accounts within
181 the transportation sales tax trust fund may not be transferred to other accounts within the trust
182 fund except as follows:
183
4
184 (1) the comptroller may transfer monies to correct deposits made to improper
185 accounts; or
186
187 (2) the comptroller may make any transfers expressly authorized or required
188 by the interlocal agreement; or
189
190 (3) in the case of an account other than the Major Roads and"transit holding
191 Account, if all costs of all projects to be paid from the account have been paid in full (or
192 provision for full payment has been made), then the remaining funds shall be deemed surplus and
193 may he transferred to another account, but only if:
194
195 A. no fewer than five members of the oversight board vote to recommend
196 approval of the transfer and, subsequently, no fewer than two-thirds(2/3)
197 of the members of the governing board vote to approve the transfer; or
198
199 B. the oversight board votes to recommend approval of the transfer by a vote
200 of fewer than five members or votes to recommend against the transfer,
201 but the transfer is subsequently approved by vote of no fewer than four-
202 fifths (4/5) of the members of the governing board; or
203
204 (4) in the case of the Major Roads and Transit Holding Account, if all costs of
205 all transit and freight-train-mitigation projects to be paid from the account have been paid in full
206 (or provision for full payment has been made), then the remaining funds shall be deemed surplus
207 and may be transferred to another account, but only if no fewer than two-thirds (2/3) of the
208 members of the transit board vote to recommend approval of the transfer and, subsequently, no
209 fewer than two-thirds (2/3) of the members of the governing board vote to approve the transfer.
210
211 Section 6. Restrictions on Use of Sales Tax Proceeds; Project List
212
213 (a) General Restrictions. As required by subsection 212.055(2) of Florida Statutes (2002),
214 the proceeds of the sales tax authorized by that subsection and levied by this ordinance, and any
215 interest or other investment earnings accrued thereto, may be expended by the county and
216 Orlando, and by any other municipalities and any other governmental agencies to which the
217 county disburses proceeds under the interlocal agreement or other contract, only to acquire,
218 finance, plan, and construct transportation-related infrastructure within the boundaries of the
219 county, and to acquire land for conservation or protection of natural resources in mitigation of
220 the environmental impacts caused by the construction or acquisition of roads and other
221 transportation facilities.
222
223 As contemplated by subparagraph (d)1 of subsection 212.055(2) of Florida Statutes
224 (2002), neither the sales tax proceeds nor any proceeds of any bonds, notes or other instruments
225 of indebtedness payable in whole or in part from sales tax proceeds (nor any interest or other
226 investment earnings accrued to or earned on either sales tax proceeds or the proceeds of any such
227 borrowing) may be used for operational expenses of any infrastructure or for any purpose not
228 authorized by this ordinance or the interlocal agreement.
229
5
230 For purposes of the foregoing, "infrastructure" shall have such meaning as is provided
231 expressly or implicitly in subsection 212.055(2) of Florida Statutes (2002).
232
233 As set forth in paragraph (e) of subsection 212.055(2) of Florida Statutes (2002), if the
234 county or any municipality or any transportation agency receiving sales tax proceeds pledges
235 such proceeds for the purpose of servicing new bond indebtedness, in no case may the
236 jurisdiction issue such bonds more frequently than once per year. Furthermore, each jurisdiction
237 issuing bonds payable from sales tax proceeds must comply with all requirements and
238 restrictions in the interlocal agreement which are applicable to the issuance of such bonds.
239
240 The county and Orlando, as well as all other municipalities and any transportation
241 agencies to which the county disburses sales tax proceeds under the interlocal agreement or other
242 contract, must comply fully with the restrictions in paragraph (f) of subsection 212.055(2) of
243 Florida Statutes (2002).
244
245 (b) Permissible Infrastructure. Sales tax proceeds, the proceeds of any borrowings
246 payable from sales tax proceeds, and any interest or other investment earnings on either may be
247 used by the county and Orlando, and by any other municipalities and transportation agencies to
248 which the county disburses proceeds under the interlocal agreement or other contract, only (i) to
249 acquire, finance, plan, and construct the infrastructure identified or contemplated in the "sales tax
250 project list" attached to Orange County Resolution No. 03- , which has been adopted and
251 approved by the board of county commissioners contemporaneously with the enactment of this
252 ordinance, and (ii) to acquire land for conservation or protection of natural resources in
253 mitigation of the environmental impacts caused by such infrastructure. The resolution and the
254 project list must remain in the custody of the county comptroller, as clerk to the board of county
255 commissioners, and will be available during working hours for inspection and copying by the
256 public.
257
258 If any individual item of infrastructure or land acquisition identified or contemplated in
259 the project list is later determined not to meet or otherwise not to comply with the general
260 restrictions of subsection (a), or otherwise the cost of it is later determined not to be eligible
261 under Subsection 212.055(2) of Florida Statutes (2002) to be paid from sales tax proceeds (or the
262 proceeds of a borrowing payable from sales tax proceeds), it shall be deemed severed and
263 stricken from the project list. Thereafter, the cost of that item of infrastructure or land
264 acquisition may not be paid from sales tax proceeds, or from the proceeds of any borrowing
265 payable from sales tax proceeds, or from any interest or other investment earnings on either.
266
267 In addition to the provisions of subsection (a) and this subsection(b), the county and
268 Orlando, and all other municipalities and transportation agencies to which the county disburses
269 proceeds under the interlocal agreement or other contract, must comply with all requirements and
270 restrictions imposed by the interlocal agreement or other contract pertaining to the receipt,
271 deposit, investment, and expenditure of sales tax proceeds, the proceeds of borrowings payable
272 from sales tax proceeds, and the interest and other investment earnings on either.
273
274 (c) Amendments to Project List. Orange County Resolution No. 03- and the
275 Sales Tax Project List collectively constitute a declaration to the citizens of Orange County of
6
276 the projects which the county, the several municipalities, and certain transportation agencies
277 intend and covenant in good faith to undertake and pay for with the proceeds of the sales tax, if it
278 is or has been approved by the voters. Those governmental bodies and agencies recognize that if
279 the voters grant or have granted approval of the sales tax,they will do so or have done so in large
280 part because of the covenant on how the revenue will be used. However, the government
281 agencies are mindful also that there could arise circumstances from time to time which could
282 result in adverse consequences to the citizens and the public interest if the project list cannot be
283 amended. .1herefore, the project list is declared to be subject to amendment from time to time,
284 but only as follows:
285
286 (1) Adding, Deleting, or Changing Projects. Except and with the exclusion of the
287 approval processes set forth in paragraphs(2), (3), and (4), the project list may be amended to
288 add a project, to delete a project, to make a material change to the scope of a project, or any
289 combination of the foregoing, only upon written request of the jurisdiction charged with
290 undertaking the project, and only upon review and approval by the oversight board, the transit
291 board, and/or the board of county commissioners, the Orlando city council, or the governing
292 board (as appropriate), as follows:
293
294 i. no fewer than five members of the oversight board vote to recommend
295 approval of the requested amendment and, subsequently, the request is
296 approved
297
298 • by the affirmative vote of no fewer than two-thirds (2/3) of the
299 members of the board of county commissioners in the case of
300 county projects,
301
302 • by the affirmative vote of no fewer than two-thirds (2/3) of the
303 members of the Orlando city council in the case of Orlando
304 projects, or
305
306 • by the affirmative vote of no fewer than two-thirds (2/3) of the
307 members of the governing board in the case of all other projects: or
308
309 ii. the oversight board recommends approval of the request by a vote of
310 fewer than five members or recommends denial of the request, but the
311 request is subsequently approved
312
313 • by the affirmative vote of no fewer than four-fifths (4/5) of the
314 members of the board of county commissioners in the case of
315 county projects,
316
317 • by the affirmative vote of no fewer than four-fifths (4/5)of the
318 members of the Orlando city council in the case of Orlando
319 projects, or
320
7
321 • by the affirmative vote of no fewer than four-fifths (4/5) of the
322 governing board members in the case of all other projects.
323
324 (2) Adding Projects for Surplus Funds. In the case of a jurisdiction that has paid in
325 full all costs of its projects listed in the project resolution (or has otherwise provided for full
326 payment of such costs), the project list may be amended to add more projects to be undertaken
327 by that jurisdiction and paid for with sales tax proceeds (or with the proceeds of a borrowing
328 payable from sales tax proceeds), but only upon the written request of the jurisdiction and only
329 upon the approving votes of the majority of the members of the oversight board. The oversight
330 board may withhold its approval only for good and substantial cause.
331
332 In the case of projects to be undertaken by the county, appeals from decisions of the
333 oversight board are to he taken to the board of county commissioners. In the case of projects to
334 be undertaken by Orlando, appeals from oversight board decisions are to be taken to the Orlando
335 city council. In all other cases, appeals from oversight board decisions are to the governing
336 board, where a majority vote is required to override the decision of the oversight board.
337
338 (3) Approval of Pedestrian-Safety Projects. In the case of sidewalk, pedestrian-
339 overpass, bike-trail, traffic-signal-system, or intersection-improvement projects, if and to the
340 extent the pertinent contract between a municipality(other than Orlando) and the county
341 identifies the projects with specificity, the projects may be undertaken by the municipality
342 without further approvals. Otherwise, the projects may be undertaken only after the project list
343 has been amended to add the project, and the project list may be amended only upon approval of
344 the proposed project by a majority of the oversight board. The oversight board may withhold its
345 approval only for good and substantial cause. Appeals from oversight board decisions are to the
346 governing board, where a majority vote is required to override the decision of the oversight
347 board.
348
349 (4) Adding, Deleting, or Changing Transit Projects or Freight-Train-Mitigation
350 Projects; Transit Systems Plan and Determination of Agency Responsible for Transit
351 Projects. The transit board is the entity that will create, adopt and implement a transit systems
352 plan,subject to approval of the plan by the governing hoard as set forth in this paragraph (4). To
353 the extent allowed by law, the cost of preparing the plan shall be paid from the proceeds of the
354 sales tax. After the transit systems plan is prepared by the transit board and approved by the
355 governing board, it may be amended only upon recommendation of the transit board and
356 approval thereafter by the governing board in accordance with this paragraph (4).
357
358 Subject to the approval of the governing board, the transit board shall determine the
359 agency or agencies that will construct, operate, and maintain the infrastructure to implement and
360 manage the transit systems plan. Thereafter, the transit board shall oversee the approved agency
361 or agencies throughout the construction, operation, and maintenance of the transit projects set
362 forth in the transit systems plan.
363
364 In accordance with the transit systems plan, the project list may be amended to add,
365 delete, or make a material change to the scope of a transit project or a freight-train-mitigation
366 project, or any combination of the foregoing. However, such addition, deletion, or material
8
367 change shall be consistent with the transit systems plan and, along with approval of the transit
368 systems plan and approval of the agency or agencies to implement the several transit projects set
369 forth in the transit systems plan,may occur only
370
371 (i) upon recommendation of approval of the proposed addition, deletion, or
372 modification by the transit board, and
373
374 (ii) upon approval of the recommended addition, deletion, or modification by the
375 governing board.
376
377 When recommending approval of the transit systems plan, approval of the agency or agencies to
378 be responsible for undertaking transit projects, or approval of a project addition, deletion, or
379 modification, if the transit board renders its recommendation by the unanimous vote of all its
380 members, the governing board may approve the recommendation by an approving vote of a
381 majority of its members. If the transit board renders its recommendation of any of the foregoing
382 with other than a unanimous vote of all its members, the approval of the governing board may
383 occur only by the approving vote of no fewer than two-thirds (2/3)of all its members.
384
385 In its consideration of proposed changes to the project list under paragraphs (1), (2), and
386 (3) of this subsection(c), the oversight board may not withhold its approval of a proposed
387 additional project or a proposed change to a project already on the project list based on the
388 design of the project if the design is not inconsistent with design standards customarily used by
389 the particular jurisdiction.
390
391 Upon the approval of an amendment to the project list pursuant to this subsection, or
392 upon the execution by the county and a municipality of a contract identifying with specificity the
393 pedestrian-safety projects to be undertaken by the municipality and paid for with the proceeds of
394 the sales tax, the comptroller shall modify the project list accordingly. For purposes of this
395 subsection (c), the severing and striking of a project from the project list, as contemplated in
396 subsection (b), because of its noncompliance with subsection (a) or ineligibility for funding
397 under subsection 212.005(2) of Florida Statutes (2002), shall not be deemed to be an amendment
398 to the project list.
399
400 Section 7. Referendum.
401
402 (a) Referendum Called. This ordinance and the proposed levy of the sales tax shall
403 be presented to the Orange County electorate at a referendum. The board of county
404 commissioners hereby authorizes, directs, and requests the supervisor of elections to conduct the
405 referendum, pursuant to applicable Florida law, with the date of the referendum to be
406 , 200 . The board further authorizes the cost of the referendum to be
407 paid from the general funds of the county and directs the county chairman to prepare and effect
408 such budget transfers as may be necessary for that purpose.
409
410 (h) Ballot Question. The question on the ballot shall be as follows:
411
412
9
413 Orange County Transportation Initiative to Relieve Traffic Congestion,
414 Enhance Mobility and Improve Pedestrian Safety.
415
416 To relieve traffic congestion, this proposal provides funding to widen, improve
417 and extend roads, major highways, and intersections countywide, enhance
418 mobility, improve pedestrian and traffic safety, and begin development of a rapid-
419 transit system. Funding would he provided by a voter-approved half-cent per
420 dollar sates tax for a period of twenty years. Requires that all funds be spent on
421 capital and construction costs. Requires oversight of all expenditures by an
422 independent oversight commission.
423
424 FOR the half-cent sales tax
425
426 AGAINST the half-cent sales tax
427
428 The ballot question shall also appear on the ballot in Spanish, and the county administrator, the
429 county attorney, and the supervisor of elections are requested, authorized and directed to prepare
430 or obtain an accurate and appropriate Spanish translation of the above and to include it on the
431 ballots distributed to county voters.
432
433 Section 8. Amendments.
434
435 (a) Prior to Referendum. This ordinance may be amended, revised, or repealed by
436 the board of county commissioners at any time prior to the referendum called for in section 7.
437
438 (b) After Referendum. After approval by the electorate of the proposed levy of the
439 sales tax at the referendum called for in section 7, any amendment to or revision or repeal of
440 sections 3, 4, 5, or 6, or this subsection 8(b), or subsections 11(d) or(c), and any repeal of this
441 ordinance in its entirety, shall take effect only upon approval thereof by a majority of the electors
442 of Orange County voting in a subsequent referendum called for that purpose, except for an
443 amendment to section 3 to reduce the rate of the sales tax (including a reduction to a rate of zero
444 cents), which may take effect without referendum approval. Otherwise, at any time after the
445 referendum called for in section 7, the other sections and subsections of this ordinance may be
446 amended, revised, or repealed in the manner provided by law. No repeal of this ordinance or
447 reduction in the rate of the sales tax may take effect if it would impair any contract rights of the
448 owners of any bonds, notes or other instruments of indebtedness payable in whole or in part,
449 directly or indirectly, from the revenues derived from the sales tax.
450
451 Section 9. Codification. The publisher of the Orange County Code is directed to
452 codify only sections 1 through 6 and subsections 8(h), 11(d), and 11(e) of this ordinance. The
453 remaining sections shall not be codified, but shall be in full force and effect as provided by
454 Section 11. Further, the publisher is authorized and directed to renumber and reletter the several
455 sections, subsections, paragraphs.and subparagraphs, and to substitute words such as "chapter,"
456 "article," and "division" for such words as "ordinance," all as may be necessary or useful to
457 ensure proper codification.
458
10
459 Section 10. Severability. If any provision of this ordinance or the application thereof
460 to any person, governmental body, or circumstance is held invalid, the invalidity shall not affect
461 other provisions or applications of this ordinance which can be given effect without the invalid
462 provision or application, and to this end the provisions of this ordinance arc declared severable.
463
464 Section 11. Effective Dates; Expiration Dates.
465
466 (a) Immediate Effectiveness. Sections 7, 8, 10, and this section 11 shall take effect
467 upon the filing of this ordinance with the State of Florida Department of State as required by
468 paragraph(b) of subsection 125.66(2) of Florida Statutes(2002).
469
470 (b) Delayed Effectiveness. If and only if the levy of the sales tax is approved by a
471 majority of the electors of the county voting in the special referendum election to be held as
472 required by section 7, all other sections of the ordinance shall take effect on January 1, 2004.
473
474 (c) Repeal Upon Voter Disapproval. If the levy of the sales tax is not approved by a
475 majority of the electors of the county voting in the referendum,this ordinance shall expire and
476 shall be deemed repealed in its entirety on January 1,2004, without further action by the board
477 of county commissioners.
478
479 (d) Sunset. In all events, this ordinance shall be in effect only through December 31,
480 2023. It shall "sunset" and expire thereafter, without further action by the board of county
481 commissioners, at which time it shall be deemed repealed and of no further force and effect, and
482 the sales tax levied hereunder shall terminate.
483
484 (e) Survival of Restrictions on Use of Tax Proceeds. Notwithstanding the
485 provisions of subsection(d)for the expiration and repeal of this ordinance, the restrictions
486 imposed by this ordinance and the interlocal agreement on the distribution and use of sales tax
487 proceeds, the proceeds of any borrowings payable from sales tax proceeds, and all interest and
488 other investment earnings on either of them shall survive such expiration and repeal and shall be
489 fully enforceable in a court of competent jurisdiction.
490
491 ENACTED THIS 20TH DAY OF MAY, 2003, BY THE BOARD OF
492 COUNTY COMMISSIONERS OF ORANGE COUNTY, FLORIDA.
493
494 ORANGE COUNTY, FLORIDA
495
496
497 BY:
498 Richard T. Crotty
499 County Chairman
500
501
502 DATE:
503
504 ATTEST: Martha O. Haynie, County Comptroller
11
#167737 v6
505 As Clerk of the Board of County Commissioners
506
507
508 BY:
509 Deputy Clerk
510
17
#167➢37 v7
DRAFT
May 9,2003
of the
ORANGE COUNTY BOARD OF COUNTY
COMMISSIONERS
approving the
TRANSPORTATION SALES TAX PROJECT LIST
Resolution No. 03-
WHEREAS, by enactment of the Orange County Transportation Sales Tax Ordinance
(the "sales tax ordinance"), the Orange County Board of County Commissioners has levied a
"half-cent" local government infrastructure surtax (the "sales tax"), subject to the approval of the
electors of Orange County in a referendum; and
WHEREAS, the proceeds of the sales tax, if approved by the voters, may be used under
Florida law only to pay the cost of financing, planning and constructing "infrastructure" (as that
term is defined in Subsection 212.055(2) of Florida Statutes (2002)) and to acquire land for
public recreation or conservation or protection of natural resources; and
WHEREAS, the Board of County Commissioners declared that the revenues of the tax, if
approved by the voters, would be used only to pay the cost of transportation-related
infrastructure, including the cost of acquiring land in mitigation of the environmental impacts of
undertaking such transportation-related infrastructure; and
WHEREAS, if the electors of the County approve the sales tax, they will do so in large
part because they will be assured of the specific transportation projects or the specific types of
transportation projects that will be paid for, whether in whole or in part, whether directly or
indirectly, from the proceeds of the tax; and
WHEREAS, the Board of County Commissioners, both for itself and for the City of
Orlando, Florida(the "City"), certain other municipalities within the County, and certain
transportation agencies, now wishes to declare to the citizens of Orange County those specific
projects and types of projects which the board and the other governing bodies and transportation
agencies intend and promise in good faith to undertake and pay for with the proceeds of the sales
tax, such that the citizens may make an informed decision whether to approve the sales tax; and
WHEREAS, the transportation projects identified or contemplated in this resolution are
derived from the report entitled"Mobility 20/20—The Orange County Transportation Mobility
Initiative" ("Mobility 20/20") approved on December 18, 2002, by the Orange County Chairman
Richard T. Crotty's 'transportation Commission, and many of the projects are found in the long-
range capital improvements plans of the various transportation agencies in Central Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF ORANGE COUNTY, FLORIDA:
Section 1. Approval of"Sales Tax Project List." The Sales Tax Project List
attached to this resolution as Exhibit A is hereby approved.
Section 2. Declaration of Projects to be Funded with Sales Tax Revenues and
Sales Tax Bond Proceeds.
(a) On behalf of the County, the City, other municipalities in the County, and
the several transportation agencies identified in the Sales Tax Project List, the Board of County
Commissioners hereby declares to the citizens of Orange County that, if the sales tax is approved
by the electors at referendum, the revenues derived from the sales tax, the proceeds of any bonds,
notes, or other debt instruments payable from sales tax revenues, and any investment earnings on
either shall be spent only to pay (i) the cost of financing, planning and constructing the
transportation-related infrastructure identified or contemplated in the Sales Tax Project List, and
(ii) the cost of acquiring land for conservation or protection of natural resources in mitigation of
the environmental impacts caused by the construction or acquisition of the transportation-related
infrastructure identified or contemplated in the Sales Tax Project List.
(b) If any project identified in the project list is later determined to be legally
ineligible for funding with sales tax proceeds, it shall be deemed severed and stricken from the
project list. Thereafter, the costs of the project shall not be paid from sales tax revenues, sales
tax bond proceeds,or any interest or other investment earnings thereon.
(c) It is further the expectation of the Board of County Commissioners that
sales tax funds will be disbursed to the City, the other municipalities in the County, and the
several transportation agencies only if and when, in each case, an appropriate interlocal
agreement is entered into under which the municipality or the transportation agency(as the case
may he) becomes obligated to undertake and complete the projects identified or contemplated in
the Sales Tax Project List in a timely, efficient, and effective manner and to fulfill the intent of
the declarations made in this resolution.
Section 3. Amendments. The Sales Tax Project List may be amended only as
provided in section 6 of the sales tax ordinance.
Section 4. Effective Date and Expiration Dates.
(a) This resolution shall take effect only if and when the sales tax is approved
by the electors at the referendum required by section 7 of the sales tax ordinance.
(b) In the event the electors of Orange County disapprove the sales tax at the
referendum required by section 7 of the sales tax ordinance, this resolution shall be deemed
repealed, without further action by the board of county commissioners, and shall be null and void
without ever taking effect.
2
ADOPTED THIS DAY OF , 2003.
ORANGE COUNTY, FLORIDA
By: Board of County Commissioners
By:
Richard T. Crotty
County Chairman
ATTEST: Martha O. Haynie, County Comptroller
As Clerk of the Board of County Commissioners
By:
Deputy Clerk
3
Orange County
Sales Tax Project List
Exhibit A to Orange County Resolution 03-
Project From To Estimated Total Estimated Portion
Project Cost ku 'rn Re Funded From
Sales Tax 10
MAJOR ROAD PROJECTS:
FDOT/ROAD PROJECTSj31
SR 15(Narcoosoe Rd./11oimer Rd.) Conway Road SR 528(BeeLine Expv.) S67 100,000 867,I00,000
SR 50(West Colonial Dr.) Lake County Line Pine Hills Rd. 166.700,000 166,700,000
SR 50 Intersection and Intermodal Tampa Avenue SR 436 19.000.000 19,000.000
Enhancements
r West of SR 436 East of Old Cheney I Iwy. 135,000,000 II7 300000
SR 423(John Young Pkwy_) Shader Rd. SR 424(Edgewater Dr.) 73,800.000 73,800,0011
SR 423(John Young Pkwy.) SR 50 Shader Rd. I?800000 17.800.000
SR 434(Forest City Rd) Edgewater Dr. SR 414(Maitland Blvd 17,000.000 17.000,000
SR 482(Sand Lake Rd.) 1-4 Presidents Dr. 40,800,000 40.800,000
Program Subtotal: S531,200,000 S519,5(10,000
FDOT/INTERSTATE 4
I-4 Ultimate improvementsw SR 536(Fpeot Center North of Maitland Blvd. S1,920,800000 S757,000000
Dr.)
Program Subtotal: SI,920,800,000 $157,000,000
MAJOR ROAD 82,458,000,000 S1,276,5(01,0(10
PROJECTS'OFFAL:
Contingency CONTINGENCY S54,000,0110 S54,090,11110
'TOTAL:
LOCAL ROAD PROJECTS:*
COUNTY
Alaluva Tr. Avalon Park Blvd. Curry Ford Rd. $16,338,100 51.508,900
Boggy Creek Rd. Orange County line SR 417 11,333,700 7,963,700
Boggy Creek Rd.(45%OC 55%Orlando) SR 417 Jetport Dr. 13,500,000 10676,200
CR 535 Chase Rd. Marleon Dr. 10.330900 4,658000
CR 545(Avalon Rd) Seidel Rd. West SR 50 82,952,400 19,746,800
CR 545(Avalon Rd.) Osceola County Line Seidel Rd. 32,860,400 21,328.300
Dean Rd. University Blvd. Orange County Line 8,128,000 1,343,500
Econloekhatchee Tr. Curry Ford Rd. University Blvd. 51,187,200 17,423.100
I lartzog Rd. CR 545(Avalon Rd.) SR 429 11,659,3011 6,788.300
Lake Underhill Rd. Chickasaw'Tr. Rouse Rd. 27,791,100 10,353,800
Pine I fills Rd.—Extension Beggs Rd. SR 500/US 441 22,8658/)0 4,751.900
Pine I tills Rd.(30%0C 70%Orlando) Conroy Rd. Old Winter Garden Rd. 7.950,600 6,287,600
Plymouth Sorrento Rd. SR 500/US 441 Punka('Rd. 16,815,100 5,252,401)
John Young Pkwy.Interchange at John Young Parkway 52,000,000 41,123,300
e Sand lake
Rd./Turnpike
John Young Pkwy.Interchange at SR 50 47,200,000 37,327,300
Program Subtotal: S413,119,200 S196,533,11)11
(Page 1 of 3 of Exhibit A)
4
*(PROJECTS AND AMOUNTS OF LOCAL ROADS
SUBJECT TO CHANGE)
5
Project From To Estimated Total Estimated Portion-1
Project Cost" Be Funded From Sales
Tax()'
LOCAL ROAD PROJECTS(Continued)
APOPKA
6'$St. US 441 or Sheeler Rd. Park Ave. $2,500,000 $1977,100
Th -
ompson Rd. SR 436(Semoran SheelerRd. 1500,000 1.186,200
Blvd.)
Vick Rd. Old Dixie Hwy. l'onkan Rd. 6,000,000 4,745.000
Welch Rd. Rock Springs Rd. Piedmont-Wekiva Rd. 10,000,000 7,906.300
Program Subtotal: $20,000,000 515,816,600
EATONVILLE
lake Destiny Drive Lee Road Kennedy Blvd. $1,200,000 $949,000
Program Subtotal: $1,200,000 _ $949,0011
EDGEWOOD
Ilolden Ave. SR 500/US 441 Orange Ave. $1,850,000 $Ip63,000
Program Subtotal: 51,850,000 SI,463,000
MAITLAND
Keller Rd. Fennell St. Kennedy Blvd. $2,800,000 $2.214.300
I loratio Ave. Maitland Ave. Swoop':Ave. 1,800,000 1,423.500
Sxvoope Ave Extension George Ave. Sybelia Ave __ 4,500,000 3,558,700
SR 414(Maitland Blvd) US 19-92 1-4 3,000,000 2.372.500
SR 414(Maitland Blvd.)Off Ramps SR 414(Maitland Orlando Ave. 2,060,400 1,629.400
Blvd.)
Program Subtotal: SI 4,160,400 $11,198,400
OCOEE
Clark Rd. A.D.Mims Rd. McCormick Rd. SI 0,500,000 $4,591.600
Maguire Rd. Story Rd. Silver Star Rd. 7,200,000 3,149,500
Maine St/Story Rd. City of Winter Garden SR 50(at Blackwood 9,000,000 7,117,500
Ave.)
Program Subtotal: $26,700,000 $14.856,600
ORLANDO
Alafaya Tr.Extension SR 15(Narcoossee SR 417 $23,300,000 $1%426,400
Rd.)
Andes Avenue Lake Underhill Rd. SR 5(1 12,500,000 9,885,400
Boµgv Creek Rd.(45%OC,55%Orlando) SR 417 Jetport Dr. 16,500,000 13,048,700
Fairgreen St. Maguire Blvd. Old Cheney Rd. 6,240,000 4,934.800
Maguire Blvd-/Crystal lake Dr South St. SR 50 15,825,000 12,514.900
Pine Hills Rd.Extension(30%OC,70% Conroy Road Old Winter Garden Road 18,551,40(1 14,671,000
Orlando)
Program Subtotal: $92,916,400 $73,481,200
WINTER GARDEN
91'St. SR 50 SR 438(Plant St.) $7.300,000 $5.773100
Beulah Rd.Realignment 9i6 St. SR 50 4,000,000 3,163,301)
SR 438(Plant St)Study SR 537(Dillard St.) SR 429 4,200,000 3,321500
Story Rd __. City ofOw¢ Dillard St. 6,500,000 5,140,400
Program Subtotal: $22,000,000 SI7}98}00
WINTER PARK
lake Ave Pine Ave. Gray Ave. $2,600,000 82,056,200
Orlando Ave.(US 17-92l'SM) Monroe Ave. Norfolk Ave 6.500,000 5,140,400
Palmer Ave. Park Ave. I akemont Ave. 1,400,000 1,107,200
Program Subtotal: $111,5011.000 $8,303,8011
LOCAL ROAD $602,446,000 $340,000,000
PROJECTS TOTAL:
(Page 2 of 3 of Exhibit A)
6
Project Type Description Estimated Total Estimated Portion To Be
Project CostO1L) Funded From Sales
Ts'cow"
PEDESTRIAN-SAFETY PROJECTS:
Pedestrian Overpasses Construction ofpedestrian overpasses in both cities and $22,500,000 S22.500.000
unincorporated areas
Sidewalks Construction ofsideavalks in both cities and unincorporated 70,000.000 45.000.000
areas
Bicycle Trails Construction of bicycle trails in both cities and 15,000,000 15. 00,000
_ unincorporated areas
'frank Signal Sy stems Installation of traffic signals and traffic-management 7),000,000 60110011110
systems in both cities and unincorporated tares
Intersection Improvements Improvements to intersections in both cities and 35,000,000 45,000,000
unincorporated areas
PEDESTRIAN- S232,500,000 $1 X7$00,W0
SAFETY PROJECT
TOTAL
TRANSIT AND FREIGHT-MITIGATION PROJECTS:
Transit Improvements 1 (I)Begin development of rapid-transit system through $1,600.000,000 S400,III10,000
preparation of a transit-systems plan and construction and
acquisition of commuter-rail,light-rail,and/or other rail-
transit systems and(ii)possible enhancement of existing
mass-transit systems
Freight-Train Mitigation (i)Construction of overpasses and underpasses at train- 400.000,000 300,000.000
crossing intersections and other freight-train mitigation
facilities and/or lit)re-routing of freight-trains to:vow of
Tess traffic impact
TRANSIT AM) $2,000,000,000 5700,000,111111
FREIGHT
MITIGATION
PROJECT TOTAL:
Program Totals: $5,292,946,000 52,504,000,000
Footnotes:
(I) All amounts are in 2003 dollars. Actual dollar amounts expended in later years will likely be
greater.
(2) The"ultimate" improvements to I-4 will consist of six general-use lanes, up to four special-use lanes
(which may include"HOV" or"high-occupancy-vehicle" lanes, toll lanes, or some other
configuration to be negotiated with FDOT and set forth in a future agreement between FDOT and
the County with terms and conditions acceptable to the Board of County Commissioners), and, in
certain sections, a 44-foot-wide light-rail corridor.
(3) "FDOT" is the State of Florida Department of Transportation.
(4) The estimates do not govern the allocation by the various jurisdictions of the sales-tax revenues
among the several types of pedestrian-safety projects. Each municipality and the county is free to
allocate funding among the types of pedestrian-safety projects according to its needs and priorities.
(Page 3 of 3 of Exhibit Al
7
137027 vl9
DRAFT
May 9, 2003
ORANGE COUNTY / ORLANDO
INTERLOCAL AGREEMENT
regarding
TRANSPORTATION SALES TAX
Approved by the Orange County
Board of County Commissioners
,2003
Approved by the City of Orlando
City Council
,2003
ORANGE COUNTY / ORLANDO
INTERLOCAL AGREEMENT
regarding
TRANSPORTATION SALES TAX
This Interlocal Agreement is made and entered into as of the day of
, 2003, by Orange County, Florida, a charter county and political
subdivision of the State of Florida and the City of Orlando, Florida, a municipal corporation
organized and existing under the laws of the State of Florida.
RECITALS
WHEREAS, in September of 2002 Orange County Chairman Richard T. Crotty
convened the County Chairman's Transportation Commission, which consisted of active and
knowledgeable citizens and leaders of business, governmental, academic, civic, social, and
professional organizations. The commission studied extensively the transportation needs and
options in the county and, ultimately, recommended in its report the levy of a"half-cent" sales
tax to fund construction of needed transportation projects; and
WHEREAS, by enactment of the Orange County Transportation Sales Tax Ordinance,
Ordinance No. 2003- , on ,2003, the Orange County Board of
County Commissioners levied the local government infrastructure surtax at the rate of one-half
of one percent(0.5%), pursuant to section 212.054 and subsection 212.055(2), Florida Statutes
(2002), to pay the cost of transportation projects, subject to ratification by the electors of Orange
County in a referendum; and
WHEREAS,the ordinance authorizing the levy of the Sales Tax calls for the Sales Tax
proceeds to be distributed by the State of Florida Department of Revenue in accordance with an
interlocal agreement to be executed by the County and the City, as authorized by subsections
212.054(4) and 212.055(2), Florida Statutes (2002); and
WHEREAS, pursuant to subsection 212.055(2)(c)1 of Florida Statutes (2002), the City.
as the municipality representing a majority of Orange County's municipal population, and the
County intend now to enter into this Interlocal Agreement to set forth not only how the Sales Tax
Revenues will be distributed by the Department of Revenue, but also (i)how the tax revenues (as
well as the proceeds of any Sales Tax Bonds and all interest and other investment earnings
thereon) will be subsequently deposited, disbursed and expended, (ii) the requirements and
restrictions imposed on the use and expenditure of all Sales Tax Funds, (iii) the means by which
the County, the City, other municipalities and certain transportation agencies will be held
accountable for compliance with such requirements and restrictions, and (iv) various other
matters in connection with the Sales Tax Funds.
NOW, THEREFORE, the County and the City agree as follows:
Article I
AUTHORITY AND PURPOSE
1.1 Authority. This Interlocal Agreement is entered into pursuant to the powers and
authority granted to the parties under the Constitution and laws of the State of Florida, including
expressly (but not limited to) Sections I and 2 of Article VIII of the Constitution of the State of
Florida, Chapters 125 and 166, Florida Statutes (2002), section 163.01, Florida Statutes (2002),
subsections 212.054(4) and 212.055(2), Florida Statutes (2002), and the Sales Tax Ordinance.
1.2 Purpose. This Interlocal Agreement constitutes the interlocal agreement allowed
under subparagraph (c)l of subsection 212.055(2) of Florida Statutes (2002) to govern the
distribution of the proceeds of the local government infrastructure surtax. It also sets forth
restrictions, conditions, and requirements pertaining to deposit, disbursement, investment, and
expenditure of the proceeds of the surtax and other related funds.
Article//
DEFINITIONS
In this Interlocal Agreement, the following words and phrases shall have the following
meanings:
2.1 "Accountability Agreement" means an agreement between the County and a
Municipality or an agreement between the County and a Transportation Agency under which the
Comptroller disburses Sales Tax Funds and within which there must be requirements and
restrictions with respect to the use of Sales Tax Funds that are substantially similar to those
contained in subsections 4.2.3 through 4.2.10, inclusive, and in sections 4.3 through 4.6 of this
Interlocal Agreement.
2.2 "Board" means the Board of County Commissioners of Orange County, Florida.
2.3 "Calendar Quarter" means each consecutive three-month period during a Fiscal
Year, the first commencing October 1, the second commencing January I. the third commencing
April 1, and the fourth commencing July 1.
2.4 "City" means the City of Orlando, Florida. a municipal corporation.
2
2.5 "City Council" means the City Council for the City of Orlando, Florida.
2.6 "Comptroller" means the Orange County Comptroller and those employees of
the Comptroller who are authorized from time to time to act on her or his behalf in connection
with the provisions of this Interlocal Agreement.
2.7 "Contract Revenues" means the Sales Tax Funds disbursed by the Comptroller
and received by the City under this Interlocal Agreement and the Sales Tax Funds disbursed by
the Comptroller and received by the other Municipalities and the Transportation Agencies under
Accountability Agreements.
2.8 "Contract Revenue Bonds" means bonds, notes, or other instruments of
indebtedness of any type, irrespective of which governmental entity may be the debtor, when
Contract Revenues or any investment earnings thereon are pledged, in whole or in part, directly
or indirectly, to service the debt incurred through the instrument or when the principal of or any
interest on the debt instrument is otherwise contractually payable from or expected actually to be
paid from Contract Revenues or any investment earnings thereon, whether in whole or in part,
whether directly or indirectly.
2.9 "County" means Orange County, Florida, a charter county and political
subdivision of the State of Florida.
2.10 "County Chairman" means the Orange County Chairman, the elected chair of
the Board of County Commissioners as described in the Orange County Charter, and those
County employees who are authorized from time to time to act on his or her behalf in connection
with the provisions of this Interlocal Agreement.
2.11 "County Pedestrian Safety Projects Trust Account" means the account by that
name which was established by the Sales Tax Ordinance.
2.12 "County Road Projects Trust Account" means the account by that name which
was established by the Sales Tax Ordinance.
2.13 "County Trust Accounts" means the County Road Projects Trust Account, the
County Pedestrian Safety Projects Trust Account,the Surplus Sales Tax Trust Account, and the
Major Roads and Transit Holding Account.
2.14 "CTC Report" means the report issued on December 18, 2002,by County
Chairman Richard T. Crotty's Transportation Commission, entitled Mobility 20/20 -- The
Orange County Transportation Mobility Initiative.
2.15 "Distribution" means a single transfer of Sales Tax Revenues to the Comptroller
from the State of Florida Department of Revenue pursuant to subsection 212.055(2)(c), Horida
Statutes (2002) and section 3.1 of this Interlocal Agreement.
3
2.16 "Distribution Amount" means the amount of Sales Tax Revenues received by
the Comptroller in a particular Distribution.
2.17 "FDOT" means the State of Florida Department of Transportation, a department
within the executive branch of the state.
2.18 "Fiscal Year" means each twelve-month period beginning October I and ending
September 30 and recording revenues and expenditures on an accrual basis consistent with
generally accepted accounting principles used for financial reporting purposes. In this Interlocal
Agreement, a Fiscal Year is identified either by the two calendar years it spans (e.g., Fiscal Year
2003-04) or by the calendar year containing the last nine months of the Fiscal Year (e.g., Fiscal
Year 2004). Furthermore, the term is used in this Interlocal Agreement for convenience only;
the parties recognize that the actual fiscal year for the Transportation Agencies may be a
different time period.
2.19 "Governing Board" means the Orange County Mobility 20/20 Governing Board
created by Orange County Ordinance 2003- enacted on 2003.
2.20 "Infrastructure" has the same meaning in this Interlocal Agreement as is set
forth expressly or as is implied under subsection 212.055(2), Florida Statutes (2002), except that
for purposes of this Interlocal Agreement the term is limited to public facilities, land, vehicles,
and other capital improvements or purchases that pertain to transportation.
2.21 "Interlocal Agreement" means this agreement entered into by the County and
the City, as it may be amended from time to time.
2.22 "Major Roads and Transit Holding Account" means the account by that name
which was established by the Sales Tax Ordinance.
2.23 "Municipalities" means all municipalities within the County's boundaries, other
than the City, that had a population of no fewer than 500 as of January 1, 2003.
2.24 "Municipality" means one of the Municipalities.
2.25 "Orlando Pedestrian Safety Projects Trust Account" means the account by
that name which was established by the Sales Tax Ordinance.
2.26 "Orlando Road Projects Trust Account" means the account by that name
which was established by the Sales Tax Ordinance.
2.27 "Orlando Trust Accounts" means the Orlando Road Projects Trust Account and
the Orlando Pedestrian Safety Projects Trust Account.
2.28 "Other Municipalities Pedestrian Safety Projects Trust Account" means the
account by that name which was established by the Sales Tax Ordinance.
4
2.29 "Other Municipalities Road Projects Trust Account" means the account by
that name which was established by the Sales Tax Ordinance.
2.30 "Oversight Board" means the Orange County Citizens' Transportation Oversight
Board created by Orange County Ordinance No. 2003- enacted on
2003.
2.31 "Project" means the financing,planning, acquiring, and construction of
Infrastructure and the acquisition of land for conservation or protection of natural resources in
connection with the mitigation of environmental impacts caused by the construction or
acquisition of roads and other transportation facilities, the cost of all of which is allowed under
Florida law to be paid from Sales Tax Funds.
2.32 "Project List" means, collectively, Orange County Resolution No. 03-M-
adopted by the Board on ,2003, and its attached "Sales-Tax Project List",
as the resolution and its project list may be amended from time to time. A copy of the Project
List as it was adopted by the Board is attached to this Interlocal Agreement as Exhibit D.
However, the Project List is subject to amendment from time to time as set forth in section 6 of
the Sales Tax Ordinance, and there is no requirement for such amendments to be approved by the
parties to this Interlocal Agreement as amendments to Exhibit D.
2.33 "Sales Tax" means the local government infrastructure surtax levied under the
Sales Tax Ordinance. The term does not mean, and shall not be construed under any
circumstances to mean, any other sales tax, all or part of the revenues of which may be disbursed
from time to time to the County, the City, the Municipalities, or the Transportation Agencies.
2.34 "Sales Tax Bonds" means any bonds, notes, or other instruments of indebtedness
of any type, irrespective of which governmental entity may be the debtor, when Sales Tax Funds
of any type are pledged, whether in whole or in part, whether directly or indirectly, to service the
debt incurred through the instrument or when the principal of or any interest on the debt
instrument is otherwise contractually payable from or expected actually to be paid From Sales
Tax Funds, whether in whole or in part, whether directly or indirectly. For purposes of this
Interlocal Agreement, all Contract Revenue Bonds are Sales Tax Bonds.
2.35 "Sales Tax Bond Proceeds" means the proceeds received from the sale or
issuance of Sales Tax Bonds.
2.36 "Sales Tax Funds" means all Sales Tax Revenues, all Sales fax Bond Proceeds,
all Contract Revenues, all proceeds from the sale of Contract Revenue Bonds, and all interest
and other income or revenue earned on any type of investments of Sales Tax Revenues, Sales
Tax Bond Proceeds, Contract Revenues, and the proceeds from the sale of Contract Revenue
Bonds.
2.37 "Sales Tax Ordinance" means Orange County Ordinance No.2003- . the
"Orange County Transportation Sales Tax Ordinance," enacted by the Board on
, 2003.
5
2.38 "Sales Tax Revenues" means the revenue derived from the Sales Tax and
distributed to the Comptroller by the State of Florida Department of Revenue. The term is
synonymous with the term "proceeds of the surtax" in subsection 212.055(2) of Florida Statutes
(2002) and the term "sales tax proceeds" in the Sales Tax Ordinance.
2.39 "Sales Tax Trust Fund" means the Orange County Transportation Sales Tax
Trust Fund established by the Sales Tax Ordinance.
2.40 "Surplus Sales Tax Trust Account" means the account by that name which was
established by the Sales Tax Ordinance.
2.41 "Transit Board" means the Orange County Transit Board created by Orange
County Ordinance 2003 enacted on , 2003.
2.42 "Transit Systems Plan" means a detailed plan that evaluates transit opportunities
that can be used to prioritize transit investments to implement a comprehensive and coordinated
transit network, generally identifies a cost for individual transit components, identifies funding
needs, and determines a phasing schedule for implementing the transit systems plan.
2.43 "Transportation Agencies" means FDOT or any state or local transportation
agency with which the County may enter into an Accountability Agreement to carry out the
purposes of the Sales Tax Ordinance, the Project List, and this Interlocal Agreement.
Article III
DISTRIBUTION, DEPOSIT, AND DISBURSEMENT OF SALES TAX REVENUES
3.1 Distribution. Pursuant to subsection 212.055(2)(c), Florida Statutes, all proceeds
of the Sales Tax less the cost of administration shall be distributed by the State of Florida
Department of Revenue to the Comptroller on behalf of the County, who shall then deposit and
subsequently disburse all such proceeds and any interest and other investment earnings thereon
only as set forth in this Article HI.
3.2 Deposits of Sales Tax Revenues. Within ten business days of receipt of each
Distribution,the Comptroller shall deposit the Sales Tax Revenues received into the Sales Tax
Trust Fund and shall allocate and credit them, as follows:
3.2.1 Debt Service Funds and Accounts. In every year in which there remain
outstanding and unpaid any Sales Tax Bonds issued by the County, the Comptroller shall deposit
Sales Tax Revenues into the several principal, interest, debt service reserve, and other related
bond accounts in the trust fund in such amounts, without limitation, as may he necessary to
ensure the County's compliance with the bond resolution, trust indenture, and other instruments
governing the County's Sales Tax Bonds and the repayment thereof
6
The County and the City acknowledge and intend that the County will be issuing
Sales Tax Bonds from time to time to finance the cost of the Projects in the Project List to be
undertaken by FDOT and, possibly, the other Transportation Agencies or the County itself
Those Sales Tax Bonds are expected to be payable from, and secured by a pledge of and first lien
upon, all Sales Tax Revenues as they are received by the Comptroller in each Distribution, and
this subsection 3.2.1 is intended to ensure the County's ability legally and financially to issue
such debt instruments. However, the parties also expect and intend that the debt service for the
Sales Tax Bonds to be issued by the County for major road Projects and transit and freight-
mitigation Projects will actually be budgeted and paid from Sales Tax Funds deposited by the
Comptroller into the Major Roads and Transit Holding Account under subsection 3.2.4. to the
extent available, as determined by the County. Furthermore, the County and the City agree that,
notwithstanding the foregoing, the owners of Sales Tax Bonds issued by the County will not
have any pledge of or lien upon Sales Tax Funds when and to the extent that they are disbursed
to and are received by the City, the Municipalities, and the Transportation Agencies and, thereby,
become Contract Revenues.
3.2.2 Road-Projects Trust Accounts. Next, in Fiscal Years 2004 through
2014, inclusive, the Comptroller shall make deposits to the several road-projects trust accounts,
to the extent there are Sales Tax Revenues remaining from the Distribution. The amounts
distributed to the City,to the County, and, collectively, to the Municipalities, as well as the
formulas for the calculation thereof, arc shown in Exhibit A to this Interlocal Agreement, which
is incorporated herein by this reference. The amount deposited in each trust account shall be
equal to the percentage shown in Exhibit A for the particular trust account multiplied by the
difference between the Distribution and the amount of the Distribution(if any) deposited under
subsection 3.2.1. However, the cumulative amount deposited in the Orlando Road Projects Trust
Account,the County Road Projects Trust Account, and the Other Municipalities Road Projects
Trust Account during a Fiscal Year may not exceed the amount shown in the column in Exhibit
A headed "Annual Max." for the respective year.
If County Road Projects arc financed through the sale of County Sales Tax Bonds,
then the amount to be deposited each time in the County Road Projects Trust Account shall be
net of the amount of Sales Tax Revenues used pursuant to Section 3.2.1 to pay the debt service
and make required deposits to the related bond accounts on such Count Sales Tax Bonds.
Of the amount deposited each time in the Other Municipalities Road Projects
Trust Account, the Comptroller shall credit the following percentages to subaccounts for certain
Municipalities as follows:
Other Municipalities Road Projects Trust Account
Municipality
Subaccount Percentage
Apopka 22.60%
Eatonville 1.36%
7
Edgewood 2.09%
Maitland 16.00%
Ocoee 21.23%
Winter Garden 24.86%
Winter Park 11.86%
Total 100%
3.2.3 Pedestrian-Safety Trust Accounts. In Fiscal Years 2004 through 2014.
inclusive, after the distribution of Sales Tax Revenue to the road projects trust accounts, the
Comptroller shall allocate and deposit among the three pedestrian-safety projects trust accounts
an aggregate amount from each Distribution equal to a percentage multiplied by the difference
between the Distribution and the amount of the Distribution (if any) deposited under subsection
3.2.1, as follows:
Pedestrian-Safety Trust Accounts
Fiscal Year Percentage Annual Maximum
2004 18.06% $ 16,124,484
2005 18.24% 22,208,790
2006 18.16% 22,941,680
2007 18.04% 23.698,755
2008 17.92% 24,480,814
2009 17.80% 25,288,681
2010 17.68% 26,123,208
2011 17.56% 26,985,273
2012 10.96% 17,516,542
2013 8.74% 14,527,555
2014 2.17% 3,751,741
The cumulative aggregate amount to be allocated among and deposited in the
three pedestrian-safety projects trust accounts during a Fiscal Year may not exceed the amount
shown in the column in the above table headed"Annual Maximum" for the respective year.
If County Pedestrian-Safety Projects are financed through the sale of County
Sales Tax Bonds, then the amount to be deposited each time in the County Pedestrian-Safety
Projects Trust Account shall be net of the amount of Sales Tax Revenues used pursuant to
Section 3.2.1 to pay the debt service and make required deposits to the related bond accounts on
such County Sales Tax Bonds.
8
Of the aggregate amount to be deposited, the amount to be deposited in each
pedestrian-safety projects trust account is as follows:
(a) 20.39%of the deposited amount to the Orlando Pedestrian Safety Projects
Trust Account;
(b) 13.55% of the deposited amount to the Other Municipalities Pedestrian
Safety Projects Trust Account; and
(c) 66.06% of the deposited amount to the County Pedestrian Safety Projects
Trust Account.
Each deposit to the Other Municipalities Pedestrian Safety Projects Trust Account
shall be credited to subaccounts for each Municipality as follows:
Other Municipalities Pedestrian-Safety Trust Account
Municipality
Subaccount Percentage
Apopka 22.94%
Belle Isle 4.64%
Eatonville 1.91%
Edgewood 150%
Maitland 11.15%
Oakland 0.94%
Ocoee 21.04%
Windermere 1.79%
Winter Garden 14.13%
Winter Park 19.96%
Total: 100%
After the decennial census in 2010, the Comptroller shall adjust the above
percentages to reflect the populations of the City, the Municipalities, and the unincorporated
parts of the County as set forth in the Census 2010 Redistricting Data (PI. 94-171) Summary
9
File, or the equivalent, promulgated by the U.S. Census Bureau, including any adjustments
thereto, such that the aggregate amount deposited shall again be allocated to the City, the
Municipalities, and the County according to the respective population share of each (with the
County's population being deemed to be that of its "unincorporated" area). Thereafter, the
deposits to the three pedestrian-safety projects trust accounts shall be based on the adjusted
percentages beginning in the first full Fiscal Year after release of the pertinent 2010 census
information.
3.2.4 Major Roads and Transit Holding Account. The Comptroller shall
then deposit the balance of the Sales Tax Revenues in the Distribution into the Major Roads and
Transit Holding Account.
3.2.5 Surplus Sales Tax Trust Account. From time to time the Comptroller
shall deposit Sales Tax Revenues and interest earnings thereon into the Surplus Sales 'Pax Trust
Account, but only if and to the extent allowed or required under subsection 4.1.4.
3.3 Disbursements of Sales Tax Funds.
3.3.1 To the City. The Comptroller shall disburse to the City the Sales Tax
Funds deposited from time to time in the Orlando Trust Accounts, and the disbursements shall be
made either within ten business days after the funds from the distribution are placed in the
Orlando Trust Accounts or at such later time as the City may direct. Thereafter, the City shall
deposit and use the Sales Tax Funds disbursed to it only as set forth in Section 4.2.
3.3.2 To the County. The Sales Tax Funds deposited from time to time in the
County Trust Accounts shall be deemed to be disbursed to the County upon deposit, and the
County shall use the Sales Tax Funds in those trust accounts only as set forth in Section 4.1.
3.3.3 To the Municipalities.
(a) The Other Municipalities Road Projects Trust Account. The
Comptroller shall disburse to the cities of Apopka, Eatonvillc, Edgewood, Maitland, Ocoee,
Winter Garden, and Winter Park the Sales Tax Funds deposited from time to time in the several
suhaccounts of the Other Municipalities Road Projects Trust Account, but only if and when, with
respect to each such Municipality, the County first enters into an Accountability Agreement as
contemplated in Section 5.1. Disbursements to each such Municipality shall be in the amounts
and shall occur at the times set forth in the applicable Accountability Agreement, and the County
shall ensure that each Accountability Agreement with a Municipality conforms to the minimum
requirements set forth in Section 5.1.
(h) The Other Municipalities Pedestrian Safety Projects Trust Account.
The Comptroller shall disburse the Sales 'lax Funds on deposit from time to time in the Other
Municipalities Pedestrian Safety Projects Trust Account to those Municipalities with which the
County has entered into an Accountability Agreement as contemplated in section 5.1. Each such
disbursement shall be in the amounts and shall occur at the times set forth in the applicable
io
Accountability Agreement, and the County shall ensure that each Accountability Agreement with
a Municipality conforms to the minimum requirements set forth in Section 5.1.
3.3.4 To Transportation Agencies. The Comptroller shall disburse Sales Tax
Funds on deposit from time to time in the Major Roads and Transit Holding Account to
Transportation Agencies, but only to those transportation Agencies with which the County has
entered into an Accountability Agreement as contemplated in section 5.2, and only with each
such disbursement to be in the amounts and at the times set forth in the applicable Accountability
Agreement. The County shall ensure that each such Accountability Agreement with a
Transportation Agency conforms to the minimum requirements set forth in section 5.2.
However,if either the City or the County elects to undertake one or more of the Projects to be
funded from the Major Roads and Transit holding Account, and such undertaking is approved
through a"Local Agency Program (LAP) Agreement" or through a similar type of other
agreement with a Transportation Agency(or Agencies), then upon the request of the City or the
County (whichever is affected), the Comptroller shall establish, as applicable, a subaccount for
the County or the City in the Major Roads and Transit Holding Account, and the then-existing
and future Sales Tax Funds for such Project shall be deposited in the new City or County
subaccount, as applicable.
3.3.5 From the Surplus Sales Tax Trust Account. 'the Comptroller shall
disburse or transfer Sales Tax Revenues and investment earnings thereon from the Surplus Sales
Tax Trust Account from time to time, but only as allowed or required in subsection 4.1.4.
3.4 No Rights to Amounts Certain. The Comptroller shall make the deposits to the
several accounts as described in this article, and thereafter the County, the City, the
Municipalities, and the Transportation Agencies will have available to them only such funds as
are deposited and available for disbursements from their respective accounts. Unless set forth
expressly otherwise in this Interlocal Agreement, neither the County nor the Comptroller have
any obligation to ensure that any funds, accounts, or subaccounts have on deposit any minimum
amounts or any amounts certain. Both the City and the County understand, agree and declare
that the funding estimates and projections set forth in the Project List and the CTC Report were
for analytical purposes only and do not create any express or implied right on the part of any
governmental entity to any minimum amount of future Sales Tax Funds.
3.5 Investment of Sales Tax Revenues. The Comptroller is authorized and directed
to invest the Sales Tax Revenues and other Sales Tax Funds from time to time on deposit in the
Sales Tax Trust Fund. Such investment shall be made in accordance with the policies,
procedures, and practices employed by the Comptroller in the investment of other County funds,
and the Comptroller shall invest the funds in such a way as to (i) ensure the safety of the Sales
Fax Funds invested,(ii) ensure that Sales Tax Funds arc available to make disbursements in a
timely manner to the City, the Municipalities, and the Transportation Agencies under this
Interlocal Agreement and such Accountability Agreements as the County may later enter into
and (iii) maximize investment earnings on Sales Tax Funds. As required by the Sales Tax
Ordinance, all interest and other investment earnings on monies deposited in the several accounts
of the Sales Tax Trust Fund shall be retained in the trust fund and shall be credited by the
Comptroller to the same account as the monies on which they were earned.
II
Article IV
USE OF SALES TAX FUNDS—COUNTY AND CITY
4.1 County Trust Accounts. The County shall use the Sales Tax Funds deposited in
the several County Trust Accounts only in accordance with the following requirements and
restrictions:
4.1.1 County Road Projects Trust Account. The funds deposited from time to
time in the County Road Projects Trust Account shall be used by the County only
(i) to pay the costs of only those County road-construction Projects, road-
widening Projects, and intersection-improvement Projects identified in the
Project List to be undertaken by the County, and only in compliance with
the requirements and restrictions set forth in the Sales Tax Ordinance, the
Project List and this Interlocal Agreement;
(ii) to service the debt on Sales Tax Bonds issued by the County to pay the
cost of the Projects described in (i); and
(iii) to pay the principal of and interest on other Sales Tax Bonds issued by
the County as may be necessary to avoid default.
Upon payment(or upon otherwise providing for payment) in full of all costs of the county-road
Projects identified in the Project List, any funds remaining in the trust account may be used
likewise only to service debt or to pay the costs of other Projects, as the County may propose and
the Oversight Board and the Board may then approve in accordance with Section 6 of the Sales
Tax Ordinance and the provisions of the Project List.
The Projects shall be undertaken and completed by the County to the extent
funding is available in the trust account. However, it is the intent of the County and the City that
the costs of the road Projects to be undertaken by the County are to be paid from Sales Tax
Funds only so long as any third parties that will derive special benefit from a particular Project,
such as businesses, landowners, and land developers, contribute their fair share to the capital cost
of the Project, whether through monetary payments or in-kind contributions (such as design
documents or right-of-way). Also, the County should use other appropriate sources of revenue
such as impact fees and special assessments, to the extent they may be available, to pay a portion
of the capital costs. Therefore, with respect to each road Project, the County shall use Sales lax
Funds to pay only a portion of the actual capital cost, and the maximum eligible portion is equal
to the total actual capital cost of the Project multiplied by the following fraction:
• the numerator is the amount shown for the Project in the Project List in the
column labeled "Estimated Portion To Bc Funded From Sales Tax"; and
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• the denominator is the amount shown for the Project in the Project List in
the column labeled"Estimated Total Project Cost".
Furthermore, in addition to the requirements of subsection 4.1.6, the County shall keep its books
and records of this trust account and the expenditures therein in such a way as to be able to
demonstrate full compliance with the foregoing requirement and limitation.
For purposes of the preceding paragraph, the actual capital cost of the Project
includes the fair-market value of in-kind contributions by such parties as businesses, landowners
and land developers, but only if the cost of the goods, services, or land contributed, if it had been
incurred by the County, would have been treated under generally accepted accounting principles
as a capital cost of the Project. Furthermore, the value of right-of-way the title to which was
acquired by the County prior to January 1, 1998, shall not constitute part of the capital cost of a
Project for purposes of the preceding paragraph.
Finally, if the County elects to issue Sales Tax Bonds to finance the Projects the
cost of which is to be paid from the Sales Tax Funds on deposit in this trust account, it shall
notify the City of its intent to issue such bonds or other debt instruments not later than the
twentieth business day before the date on which the Board is scheduled to vote to approve
issuance of the debt. Furthermore,the County may then close the sale of the bonds or other debt
instruments only if the aggregate of the principal, interest, and redemption premium to be paid
by the County in each Fiscal Year from Sales Tax Funds on deposit in the trust account does not
exceed (i)the"Annual Max." amount shown in Exhibit A for the County Road Projects Trust
Account for the particular Fiscal Year or(ii) the amount the County then reasonably expects and
projects actually to be on deposit in the trust account during the particular Fiscal Year, whichever
is less. However, the validity and enforceability of the County's Sales Tax Bonds, once issued,
shall not be affected in any manner whatsoever by the County's failure or refusal to comply with
the foregoing requirements and restrictions.
4.1.2 County Pedestrian Safety Projects Trust Account The funds deposited
from time to time in the County Pedestrian Safety Projects Trust Account may be used by the
County only
(i) to pay the costs of only those sidewalk-construction Projects, pedestrian-
overpass Projects, bike-trail Projects, traffic-signal Projects, and
intersection-improvement Projects identified or contemplated in the
Project List, and only in compliance with the requirements and restrictions
set forth in the Sales Tax Ordinance, the Project List, and this Interlocal
Agreement:
(ii) to service the debt on Sales Tax Bonds issued by the County to pay the
costs of the Projects described in (i); and
(iii) to pay the principal of and interest on other Sales Tax Bonds issued by the
County as may be necessary to avoid default.
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The Projects must be undertaken and completed by the County to the extent funding is available
in the trust account. Upon payment(or upon otherwise providing for payment) in full of all costs
of the pedestrian-safety Projects identified or contemplated in the Project List, any funds
remaining in the trust account may be used likewise only to service debt or to pay the costs of
other Projects, as the County may propose and the Oversight Board or the Board may then
approve in accordance with Section 6 of the Sales Tax Ordinance and the provisions of the
Project List.
If the County elects to issue Sales Tax Bonds to finance the Projects the cost of
which is to be paid from the Sales Tax Funds on deposit in this trust account, it shall notify the
City of its intent to issue such bonds or other debt instruments not later than the twentieth
business day before the date on which the Board is scheduled to vote to approve issuance of the
debt. Furthermore, the County may then close the sale of the bonds or other debt instruments
only if the aggregate of the principal, interest, and redemption premium to be paid by the County
in each Fiscal Year from Sales Tax Funds on deposit in the trust account does not exceed (1)the
County's aggregate share of the deposits to be made under subsection 3.2.3 during the Fiscal
Year (that is, 66.06% [or such adjusted percentage as may be required under subsection 3.2.3lof
the"Annual Maximum" shown for the particular Fiscal Year in the table in subsection 3.2.3) or
(ii)the amount the County then reasonably expects and projects actually to be on deposit in the
trust account during the particular Fiscal Year, whichever is less. however, the validity and
enforceability of the County's Sales Tax Bonds, once issued, shall not be affected in any manner
whatsoever by the County's failure or refusal to comply with the foregoing requirements and
restrictions.
4.1.3 Major Roads and Transit Holding Account.
(a) Permitted Uses. The City and the County acknowledge that the primary
impetus for the enactment of the Sales Tax Ordinance was the CPC Report and its
recommendations. After setting aside a reasonable portion of the Sales Tax Revenues for the
Projects to be undertaken by the City, the County, and the Municipalities, the parties expect that
all or most of the balance of the Sales Tax Revenues will be needed or useful for the major-state-
road Projects on the Project List and the mass-transit systems and freight-train-mitigation
Projects to be undertaken pursuant to the Transit Systems Plan and the Project List. Therefore,
the funds deposited from time to time in the Major Roads and Transit Holding Account may be
used by the County only (i) to make the transfers required in subsection 4.1.4, (ii) to pay the
principal of and interest on Sales Tax Bonds issued by the County to finance the major-road
Projects identified in the Project List and the transit and freight-mitigation Projects identified in
the Transit Systems Plan and added to the Project List, and (iii)otherwise to provide funding,
whether directly to the County, to the City or the County under a LAP agreement or agreements,
or to the Transportation Agencies under Accountability Agreements, as appropriate, for the
following:
• Improvements to Interstate Highway 4 to be undertaken by FDOT as
contemplated by the CTC Report and set forth in the Project List;
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• Improvements to State Road l5 (I loffner and Narcoossee Roads), State
Road 50 (Colonial Drive), State Road 423 (John Young Parkway), State
Road 434 (Forest City Road), and State Road 482(Sand Lake Road), all to
be undertaken by FDOT as set forth in the Project List and as
contemplated in the CTC Report;
• Development of a Transit Systems Plan(if and to the extent development
of a Transit Systems Plan would constitute a lawful purpose for
expenditure of Sales Tax Funds) and, pursuant to the Transit Systems Plan
and the Project List, design and construction of(and land acquisition for)
all or part of a rapid-transit system such as a commuter-rail, light-rail. or
other rail-transit system, as well as possible enhancement of existing
mass-transit systems; and
• Pursuant to the Transit Systems Plan and the Project List, design and
construction of(and, if necessary, land acquisition for) overpasses and
underpasses at train-crossing intersections, as well as other freight-train-
mitigation facilities, and Projects to effect relocation and rerouting of
freight trains to areas of the County with less impact on vehicular traffic.
(b) Approvals and Prioritization of Transit and Freight-Train-Mitigation
Projects. The City and the County agree that, subject to Governing Board approvals
required under section 6 of the Sales Tax Ordinance, the"transit Board is the entity that will
create, implement, and manage the Transit Systems Plan, using Sales Tax Funds (to the extent
lawful) from the Major Roads and Transit Holding Account to prepare the Transit Systems Plan,
and will determine and oversee which agency or agencies will construct, operate and maintain
improvements to implement and manage the Transit Systems Plan. Transit and freight-
mitigation Projects to be funded from the Major Roads and Transit Holding Account and added
to the Project List must be approved by the 'Iransit Board and the Governing Board pursuant to
this subsection and section 6 of the Sales Tax Ordinance. The Transit Board and the Governing
Board, pursuant to this subsection, will also review and recommend approval or disapproval of
any proposed additions or deletions of or material changes to transit and freight-mitigation
Projects to be paid for, in whole or in part, with Sales Tax Funds, as set forth in section 6 of the
Sales Tax Ordinance.
Notwithstanding paragraph (a)of this subsection 4.1.3„ neither the County nor any
Transportation Agency may use any Sales Tax Funds in the Major Roads and Transit Holding
Account for any mass-transit Project or freight-train-mitigation Project unless and until the
Project has been (i) determined by the Transit Board to be consistent with the 'I'ransit Systems
Plan, (ii) recommended for approval by the Transit Board, and(iii) approved by the Governing
Board for addition to the Project List as set forth in section 6 of the Sales Tax Ordinance.
Furthermore, no such Project that has been added to the Transit Systems Plan or the Project List,
as applicable, after receiving the recommendation of the Transit Board and the approval of the
Governing Board may be deleted from the I ransit Systems Plan or the Project List, nor may the
scope of the Project be modified in any material way, without such deletion or modification
likewise receiving the recommendation of the Transit Board and the approval of the Governing
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Board as set forth in section 6 of the Sales Tax Ordinance.
(c) Accountability Agreements Required. The Comptroller may disburse
Sales Tax Funds in the Major Road and Transit Holding Account to a Transportation Agency
only if the County has first entered into an Accountability Agreement with the agency specifying
the Project or Projects to be undertaken by the agency setting forth the amounts and timing of the
disbursements, complying with the minimum requirements of section 5.2, imposing restrictions
and requirements substantially similar to those imposed on the City in subsections 4.2.3 through
4.2.10, inclusive, and in sections 4.3 through 4.6, inclusive(if and to the extent negotiated and
agreed to by the parties to the Accountability Agreement), and containing such other provisions
as the Board deems prudent and consistent with good business practice, sound public policy,and
the public interest. However, no fewer than 15 business days before the County executes each
such Accountability Agreement, it shall deliver a draft of the proposed agreement to the City for
the City's review and comment.
(d) Requirements Before Borrowing. If during the Fiscal Years in which the
Comptroller is required to distribute Sales Tax Revenues as set forth in subsections 3.2.2 and
3.2.3 the County elects to issue Sales Tax Bonds to finance major-road Projects, transit Projects,
or freight-mitigation Projects as contemplated in the Project List, the County shall ensure that the
following occur:
CO no later than 20 business days before seeking Board approval for the sale
and issuance of proposed Sales Tax Bonds,the County shall provide to the
City for its review and comment copies of all proposed bond resolutions,
bond indentures, draft official statements or other prospectuses, and other
related bond documents, plus the proposed plan of finance and any pro
forma financial projections; and
(ii) the County shall not issue such Sales Tax Bonds for either major-road
Projects or transit or freight-mitigation Projects in an aggregate principal
amount greater than that which is necessary, based on the County's
reasonable pro Jorma financial projections, to finance the cost of those
Projects as set forth in the Project List and the Transit Systems Plan (if
applicable), nor shall the County issue its Sales Tax Bonds for such
Projects if the aggregate principal amount to be outstanding and all
interest and redemption premium (if any) thereon is such that, based on
the County's reasonable pro forma financial projections, the debt cannot
he serviced from the amounts projected to be on deposit in the Major
Roads and Transit Holding Account.
However, the validity and enforceability of the County's Sales Tax Bonds, once issued, shall not
be affected in any manner whatsoever by the County's failure or refusal to comply with the
foregoing requirements and restrictions.
(e) Additional Accounts Allowed. From time to time the County and the
Comptroller may establish additional accounts and subaccounts within the Sales Tax Trust Fund,
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as they may deem necessary or useful, and may transfer Sales Tax Funds from the Major Roads
and Transit Holding Account from time to time to such additional accounts and subaccounts as
necessary to comply with the terms of Accountability Agreements with Transportation Agencies
and to finance or otherwise pay the cost of major-road. transit, and freight-mitigation Projects.
4.1.4 Surplus Sales Tax Trust Account. The County and the City expect and
project the aggregate amounts of Sales Tax Revenues to be distributed each Fiscal Year to the
Comptroller to be as follows:
Fiscal Year Projected Sales Tax Revenues
2004 $ 89,301,000
2005 121,747,030
2006 126,319,241
2007 131,372,011
2008 136,626,891
2009 142,091,967
2010 147,775,646
2011 153,686,671
2012 159,834,138
2013 166,227,504
2014 172,876,604
2015 179,791,668
2016 1116,983,335
2017 194,462,668
2018 202,241,175
2019 210,330,822
2020 218,744,055
2021 227,493,817
2022 236,593,570
2023 246,057.312
2024 62,111.555
Promptly after receipt from the Florida Department of Revenue of the final
Distribution of Sales Tax Revenues paid to and collected by the department during a Fiscal Year.
the Comptroller shall determine on an accrual basis the difference between the projected and
actual Sales Tax Revenues for the Fiscal Year. If the actual aggregate amount of all
Distributions of Sales Tax Revenues paid and collected during the Fiscal Year exceeded the
projected amount for the year as shown above, the Comptroller shall transfer an amount of Sales
Tax Funds (other than Sales Tax Bond Proceeds and any investment earnings thereon) equal to
the excess from the Major Roads and Transit Holding Account to the Surplus Sales Tax Trust
Account, but only if and to the extent such funds are then on deposit in the account. If the actual
aggregate amount was equal to or less than the projected amount. the Comptroller shall take no
action.
For purposes of the foregoing, if the Distributions received by the Comptroller do
not identify (or if the Comptroller otherwise cannot determine)the time period during which the
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Sales Tax Revenues in the Distribution were paid to and collected by the department, then the
Comptroller shall deem the first Distribution received after November Is' each year to he the
final Distribution of Sales Tax Revenues paid and collected during the previous Fiscal Year.
From time to time the Sales Tax Funds on deposit in the Surplus Sales Tax Trust
Account shall be disbursed by the Comptroller as follows:
A. First, in every year in which there remain outstanding and unpaid any Sales
Tax Bonds issued by the County, the Comptroller shall transfer Sales Tax
Revenues and related interest earnings from the Surplus Sales Tax Trust
Account to the several principal, interest, debt service reserve, and other
accounts in the Sales Tax Trust Fund related to the County's Sales Tax Bonds
such amounts as may be necessary to ensure the County's compliance with the
bond resolution, trust indenture, and other instruments governing the County's
Sales Tax Bonds and the repayment thereof.
B. Next, if in any previous Fiscal Year,the sum of the deposits actually made
under subsection 3.2.2 to the three road-projects trust accounts was less than
the sum of the annual maximums for the three accounts (as set forth in Exhibit
A), and if such shortfalls have not been remedied by previous transfers of
Sales Tax Funds from the Surplus Sales 'Fax Trust Account, then to the extent
monies are available in the account the Comptroller shall transfer Sales Tax
Funds from the Surplus Sales Tax Trust Account to the three road-projects
trust accounts in amounts equal to the sum of all unremedied shortfalls in
deposits in those accounts during previous years. If the amount available for
transfer is less than the sum of all unremedied shortfalls, the transferred sum
shall be allocated among the three accounts pro rata based on the shortfall
amounts.
C. Next, if in any previous Fiscal Year, the sum of the deposits actually made
under subsection 3.2.3 to the three pedestrian-safety trust accounts was less
than the sum of the annual maximums for the three accounts (as set forth in
subsection 3.2.3), and if such shortfalls have not been remedied by previous
transfers of Sales Tax Funds from the Surplus Sales Tax Trust Account, then
to the extent monies are available in the account the Comptroller shall transfer
Sales Tax Funds from the Surplus Sales Tax Trust Account to the three
pedestrian-safety trust accounts in amounts equal to the sum of all unremcdied
shortfalls in deposits in those accounts during previous years. If the amount
available for transfer is less than the sum of all unrcmcdicd shortfalls, the
transferred sum shall be allocated among the three accounts pro rata based on
the shortfall amounts.
D. Next, if in any previous Fiscal Year, the sum of the deposits actually made
under subsection 3.2.4 to the major Roads and Transit Holding Account is less
than the projected deposit shown for that year in Exhibit B, and if such
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shortfalls have not been remedied by previous transfers of Sales Tax Funds
from the Surplus Sales Tax Trust Account, then to the extent monies are
available in the account the Comptroller shall transfer Sales Tax Funds from
the Surplus Sales Tax Trust Account to the Major Roads and Transit Holding
Account in amounts equal to the sum of all unremedied shortfalls in deposits
in that account during previous years.
All Sales Tax Funds on deposit in the Surplus Sales Tax Trust Account as of
January I, of 2009, 2014, 2019, and 2024, (as well as all Sales Tax Funds deposited in the
account at any time after January 1, 2024) and not needed to remedy shortfalls in deposits, as
contemplated in paragraphs B, C, and D, or to service the debt on Sales Tax Bonds issued by the
County, as contemplated in paragraph A, shall be deemed surplus funds and shall be distributed
promptly by the Comptroller among the County, the City, and the other Municipalities according
to their population as reported by the most recent Census Redistricting Data Summary File, or
the equivalent, promulgated by the U.S. Census Bureau, including any adjustments thereto (with
the County's population being deemed to be that of its"unincorporated"areas). Thereafter,
such distributed funds shall be used only to finance or otherwise pay the cost of such Projects as
the County,the City, or the Municipalities may propose and the Oversight Board,the Governing
Board, the Board, or City Council (as appropriate) may approve under section 6 of the Sales Tax
Ordinance.
4.1.5 No Supplanting of Revenues; Use of Reimbursement Revenues.
(a) Supplanting Prohibited. The County acknowledges and understands that the
Sales Tax was submitted to the electors of Orange County on the premise, among others, that the
Projects to be undertaken by the County with the funds in the several County Trust Accounts
would be in addition to, not in substitution of, its other capital-improvement programs.
Therefore, the County covenants that, throughout the period during which Sales Tax Funds are
being used to pay the costs of the Projects identified or contemplated in the Project List, the
County will not use Sales lax Funds to replace or supplant any user fees or to reduce ad valorem
taxes existing prior to the levy of the Sales Tax.
Nothing in the preceding paragraph prohibits the County from using inter-fund loans to
accelerate one or more Projects and later using Sales Tax Funds to repay the loan.
(b) Use of Reimbursement Revenues. With respect to any Project undertaken
by the County and paid for, in whole or in part, with Sales Tax Funds, if the County is
reimbursed by any public agency or any private party for any portion of the cost of the Project,
all reimbursement revenue (up to an amount equal to the amount of Sales Tax Funds spent on the
Project) must be treated by the County as Sales Tax Funds and will be subject to all requirements
and restrictions of this Interlocal Agreement. If the County is reimbursed by FDOT or any other
state or federal governmental agency for Sales Tax Funds expended for Projects involving the
state or interstate highway systems,the reimbursement revenue received by the County (up to an
amount equal to the amount of the Sales Tax Funds spent on the Project in question) will be
deposited into the Major Roads and Transit Holding Account(regardless of whether the County.
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the City, or a Municipality was the entity applying for the reimbursement) and will be used in
accordance with the restrictions in this Interlocal Agreement applicable to that account.
4.1.6 Reporting Requirements. On or before the sixtieth calendar day after the
end of each Calendar Quarter, the County in cooperation with the Comptroller's office shall
submit to the Oversight Board a report setting forth the following:
A. the beginning balances and ending balances in, and the amounts deposited
by the Comptroller into, the several County Trust Accounts during the
Calendar Quarter;
B. a summary of the funds held in each trust account and the amounts of
investment earnings received thereon during the Calendar Quarter;
C. an itemization, broken down by Project, of all expenditures made with the
funds in each of the County Trust Accounts during the Calendar Quarter;
D. a description of the status of all the County's Projects identified in the
Project List, including a narrative description of the work completed on
each Project, a comparison between the work completed and the Project
schedule, a description of any change orders then pending or executed, a
budget summary comparing planned expenditures to actual expenditures,
and, in the case of any completed Project, a copy of a certification from an
architect or professional engineer licensed to practice in the State of
Florida that the Project has been completed according to the plans and
specifications;
E. the existence of any surplus funds in any accounts or subaccounts of the
Sales Tax Trust Fund; and
F. such other information as required by the Sales Tax Ordinance, the Project
List or this Interlocal Agreement, or as may be reasonably requested from
time to time by the Oversight Board.
Further, the County shall make available to the Oversight Board the staff the
County has assigned to the several Projects, and the County's assigned staff shall attend
meetings of the Oversight Board as the Oversight Board may request from time to time, respond
to such questions as the Oversight Board may pose from time to time, and supply additional
information as the Oversight Board may request from time to time.
4.1.7 Project Records. The County shall maintain its books, records, documents
and other evidence of its use of Sales Tax Funds in a manner which complies with generally
accepted governmental accounting principles, procedures and practices and which is sufficient to
reflect properly and fully all costs and expenditures of any nature incurred in connection with the
Projects or otherwise paid or to be paid in whole or in part from Sales"lax Funds, and such
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books, records, documents and other evidence shall be retained for a period of at least ten years
after the expiration of this Interlocal Agreement.
4.1.8 Audits. The County shall allow any audit or audits which the Oversight
Board may initiate from time to time with respect to the funds deposited in the County Trust
Accounts, the use and expenditure thereof, and the Projects funded therewith. Notwithstanding
the foregoing, nothing in this subsection reduces or otherwise affects the Comptroller's authority
to audit Sales Tax Funds or any other County funds at anytime. During each such audit, the
Board shall ensure that its officials and employees cooperate fully and provide all accounting
records, files, contracts, plans, invoices, canceled checks, bank statements and other documents,
whether on paper or electronic media, which the auditors may request.
Each audit initiated by the Oversight Board shall be performed by the Comptroller
unless the Comptroller elects not to perform it, or the Comptroller approves having the audit
performed by an independent auditing firm, or the Oversight Board approves by a two-thirds
vote of its members having the audit performed by an independent auditing firm.
All such audits, regardless of who performs them, shall he done according to
generally accepted governmental auditing standards.
To ensure the ability of the Comptroller and the Oversight Board to perform
complete and accurate audits, the County must include, in all its Contracts for design and
construction of Projects to be paid from Sales Tax Funds, audit provisions either substantially as
contained in Exhibit C to this Interlocal Agreement or as the parties may later agree upon in
writing.
Finally, the County shall cause its independent auditor to attest in the County's
financial audit each year whether the County has substantially complied with the requirements
and restrictions of this Interlocal Agreement.
4.1.9 Sanctions. The Comptroller shall have the right, power and duty to
withhold funds from any of the County Trust Accounts and to refrain from making any payment
on behalf of the County if the payment would constitute an unauthorized expenditure under this
section 4.1 or would in any way violate or fail to comply with Florida law governing the Sales
Tax Funds, the Sales Tax Ordinance, the Project List or any part of this Interlocal Agreement.
Furthermore, the County shall be subject to such sanctions as the Comptroller and
the Oversight Board may impose jointly for:
A. refusal or failure to comply with Florida law governing Sales Tax Funds,
the Sales Tax Ordinance, the Project List or this Interlocal Agreement; or
B. using funds in any County Trust Account to pay any expenditure neither
authorized nor contemplated under the Sales Tax Ordinance, the Project
List, and this Interlocal Agreement.
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Such sanctions shall be equitable and shall be commensurate with the nature and
severity of the County s offense. If warranted, the sanctions may include delay, reduction or
termination of disbursements of funds to one or more of the County Trust Accounts, but only
upon a vote of no fewer than two-thirds of the members of the Oversight Board followed by
approval by the Comptroller, and only if such delay, reduction, or termination of disbursements
would not result in material impairment of the contract rights of County creditors or other third
parties.
4.2 City Trust Accounts. When the Comptroller disburses funds from the City Trust
Accounts to the City from time to time as required by section 3.3 of this Interloeal Agreement,
the City shall use the Sales Tax Funds only in accordance with the following requirements and
restrictions:
4.2.1 Orlando Road Projects Trust Account. Immediately upon receipt of any
Sales Tax Funds from the Orlando Road Projects Trust Account, the City shall deposit the funds
received in a trust fund, separate from all other funds and accounts of the City, to he known as
the"Sales 'fax Road Projects Trust Fund." All earnings from investment of monies in the trust
fund shall likewise be deposited in the trust fund, and the City shall not deposit or commingle
any other City revenues in the trust fund.
The Sales Tax Funds deposited from time to time in the City's Sales Tax Road
Projects Trust Fund shall be used by the City only to pay
(i) the costs of only those road-construction Projects, road-widening Projects,
and intersection-improvement Projects identified in the Project List to be
undertaken by the City, and only in compliance with the requirements and
restrictions set forth in the Sales 'Fax Ordinance, the Project List, and this
Interloeal Agreement, and
(ii) the principal of, interest on, and redemption premium, if any, for Contract
Revenue Bonds issued by the City to pay the costs of such Projects.
Upon payment (or upon otherwise providing for payment) in full of all costs of the road Projects
identified in the Project List to be undertaken by the City, any funds remaining in the trust fund
may be used likewise only to service debt and to pay the costs of other Projects, as the City shall
propose and the Oversight Board or the City Council may then approve in accordance with
Section 6 of the Sales Tax Ordinance and the provisions of the Project List.
The Projects must be undertaken and completed by the City to the extent funding
is available in the trust fund. However, it is the intent of the County and the City that the costs of
the road Projects to be undertaken by the City are to be paid from Sales Tax Funds only so long
as any third parties that will derive special benefit from a particular Project, such as businesses,
land owners, and land developers, contribute their fair share to the capital cost of the Project,
whether through monetary payments or in-kind contributions (such as design documents or right-
of-way). Also, the City should use other appropriate sources of revenue such as impact fees and
special assessments, to the extent they may be available, to pay a portion of the capital costs.
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Therefore, with respect to each road Project, the City shall use Sales Tax Funds to pay only a
portion of the actual capital cost, and the maximum eligible portion is equal to the total actual
capital cost of the Project multiplied by the following fraction:
• the numerator is the amount shown for the Project in the Project List in the
column labeled `Estimated Portion To Be Funded From Sales Tax"; and
• the denominator is the amount shown for the Project in the Project List in
the column labeled "Estimated Total Project Cost".
Furthermore, in addition to the requirements of subsection 4.2.6, the City shall keep its books
and records of this trust fund and the expenditures therein in such a way as to be able to
demonstrate full compliance with the foregoing requirement and limitation.
For purposes of the preceding paragraph the actual capital cost of a Project
includes the fair market value of in-kind contributions by such parties as businesses, landowners,
and land developers, but only if the cost of the goods, services, or land contributed, if it had been
incurred by the City, would have been treated under generally accepted accounting principles as
a capital cost of the Project. Furthermore, the value of right-of-way the title to which was
acquired by the City prior to January 1, 1998, shall not constitute part of the capital cost of a
Project for purposes of the preceding paragraph.
4.2.2 Orlando Pedestrian Safety Projects Trust Fund. Immediately upon
receipt of any Sales Tax Funds from the Orlando Pedestrian Safety Projects Trust Account,the
City shall deposit the funds received in a trust fund, separate from all other funds and accounts of
the City,to be known as the"Sales Tax Pedestrian Safety Projects Trust Fund." 'The funds
deposited from time to time in the trust fund may be used by the City only to pay
(i) the costs of only those sidewalk-construction Projects, pedestrian-overpass
Projects, bike-trail Projects, traffic-signal Projects, and intersection-
improvement Projects identified or contemplated in the Project List to be
undertaken by the City, and only in compliance with the requirements and
restrictions set forth in the Sales Tax Ordinance,the Project List, and this
Interlocal Agreement, and
(ii) the principal of and interest on Contract Revenue Bonds issued by the City
to pay the costs of such Projects.
The Projects must be undertaken and completed by the City to the extent funding is available in
the trust fund, and the City shall report to the Oversight Board each year the Projects that it elects
to undertake and complete, in whole or in part, with the Sales Tax Funds on deposit in the trust
fund. Upon payment (or upon otherwise providing for payment) in full of all costs of the
pedestrian-safety projects identified or contemplated in the Project List to be undertaken by the
City, any funds remaining in the trust fund may be used likewise only to service debt or to pay
the costs of other Projects, as the City may propose and the Oversight Board or the City Council
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may then approve in accordance with Section 6 of the Sales Tax Ordinance and the provisions of
the Project List.
4.2.3 Segregation of Trust Funds. The City shall establish and maintain the
separate trust funds required under subsections 4.2.1 and 4.2.2 according to generally accepted
governmental accounting principles. All interest and other earnings from investments of the
monies in the trust funds shall be deposited in the same trust fund from which they arose, and the
City otherwise may not commingle the monies in the trust funds with any other City funds or
revenues. llowever, notwithstanding the restrictions in this subsection 4.2.3, cash and
investments in the trust funds may be deposited in a single bank account, commingled for
investment purposes, and/or pooled with other City monies in a common investment program or
programs, provided that standard accounting records are maintained to reflect control or
restricted allocation of the monies in the separate trust fund only for the various purposes set
forth in this section 4.2.
4.2.4 No Supplanting of Revenues; Use of Reimbursement Revenues.
(a) Supplanting Prohibited. The City acknowledges and understands that the
Sales Tax was submitted to the electors of Orange County on the premise, among others, that the
Projects to be undertaken by the City with Sales Tax Funds would be in addition to,not in
substitution of, the City's other capital improvement programs. therefore, the City covenants
that, throughout the period during which Sales Tax Funds are being used to pay the costs of the
Projects identified or contemplated in the Project List, the City shall not use Sales Tax Funds to
replace or supplant any user fees or to reduce ad valorem taxes existing prior to the levy of the
surtax.
Nothing in the preceding paragraph prohibits the City from using inter-fund loans
to accelerate one or more Projects and later using Sales Tax Funds to repay the loan.
(b) Use of Reimbursement Revenues. With respect to any Project undertaken by the
City and paid for, in whole or in part, with Sales Tax Funds, if the City is reimbursed by any
public agency or any private party for any portion of the cost of the Project, all reimbursement
revenue(up to an amount equal to the amount of Sales Tax Funds spent on the Project) must be
treated by the City as Sales Tax Funds and will be subject to all requirements and restrictions of
this Interlocal Agreement. If the City is reimbursed by FDOT or any other state or federal
governmental agency for Sales Tax Funds expended for Projects involving the state or interstate
highway systems. the reimbursement revenue received by the City (up to an amount equal to the
amount of the Sales Tax Funds spent on the Project in question) will be deposited into the Major
Roads and Transit Holding Account (regardless of whether the County, the City, or a
Municipality was the entity applying for the reimbursement) and will be used in accordance with
the restrictions in this Interlocal Agreement applicable to that account.
4.2.5 Surpluses. Upon payment(or upon otherwise providing for payment) in
full of all costs of the City's Projects identified in the Project list, any funds remaining in either
or both of the City's trust funds shall be used likewise only to pay the costs of additional Projects
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to be undertaken by the City, but only as the City may propose and the Oversight Board and the
City Council may then approve in accordance with Section 6 of the Sales Tax Ordinance and the
provisions of the Project List. Furthermore, surplus funds in the Sales Tax Road Projects Trust
Fund can then be used for pedestrian-safety projects and vice versa.
4.2.6 City Issuance of Contract Revenue Bonds.
(a) Limitations. Nothing in this Interlocal Agreement grants to the City the right
to issue Sales Tax Bonds pledging for the repayment thereof all Sales Tax Revenues received by
the Comptroller. Furthermore, the City may not issue any Contract Revenue Bonds at any time
before the Board has approved and the County Chairman has executed and delivered an
Accountability Agreement(or Agreements) under which FDOT becomes contractually entitled
(subject to such conditions precedent as may be set forth in the Accountability Agreement or
Agreements) to Sales Tax Funds to pay all or part of all the Projects in the Project List to be
undertaken by FDOT.
(b) Right to Issue. Subject to the limitations in paragraph (a), the City may issue
its Contract Revenue Bonds from time to time so long as the proceeds thereof arc used to pay
only the cost of the Projects that would have been paid for with the Contract Revenues that will
service, in whole or in part, the Contract Revenue Bond debt. For such purposes, the City shall
ensure that the proceeds of its Contract Revenue Bonds (as well as all investment earnings
thereon) are deposited only accounts and in subaccounts of its Sales Tax Road Projects Trust
Fund or its Sales Tax Pedestrian Safety Trust Fund, as appropriate.
(c) Creditors' Rights. If and when the City issues its Contract Revenue Bonds,
the County will take no action thereafter which would impair the contract rights of the holders or
owners of the City's bonds. I Iowever, no such borrowing by the City shall act as an impediment
to an early repeal by the County of the Sales Tax Ordinance or a reduction by the County in the
rate of the Sales Tax unless the City's borrowing has a final maturity date on or before the later
of(a) December 31, 2014, or(b) the first date the County could redeem all its outstanding Sales
Tax Bonds, if any, or(c) the final maturity of any Contract Revenue Bonds issued by a
Municipality or by a Transportation Agency that have been approved by the Board.
(d) Compliance with Restrictions. Any Contract Revenue Bond indebtedness
incurred by the City, as well as all proceeds derived from the issuance thereof and all investment
earnings thereon, are subject to applicable requirements and restrictions of Florida law, the Sales
Tax Ordinance, the Project List, and this Interlocal Agreement.
4.2.7 Reporting Requirements. On or before the sixtieth calendar day after the
end of each Calendar Quarter, the City shall submit to the Oversight Board a report setting forth
the following:
A. the amounts disbursed during the Calendar Quarter by the Comptroller to
the City from the City Trust Accounts and the beginning balances and the
ending balances in the trust funds established by the City under
subsections 4.2.1 and 4.2.2;
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B. a summary of the funds held in each trust fund and the amounts of
investment earnings received thereon during the Calendar Quarter;
C. an itemization, broken down by Project, of all expenditures made with the
funds in each trust fund during the Calendar Quarter;
D. a description of the status of all the City's Projects identified or
contemplated in the Project list, including a narrative description of the
work completed on each Project, a comparison between the work
completed and the project schedule, a description of any change orders
then pending or executed, a budget summary comparing planned
expenditures to actual expenditures, and, in the case of any completed
Project, a copy of a certification from an architect or professional engineer
licensed to practice in the State of Florida that the Project has been
completed according to the plans and specifications;
E. the existence of any surplus funds in either of the City's trust funds or any
accounts or subaccounts therein; and
F. such other information as required by the Sales Tax Ordinance,
the Project List or this Interlocal Agreement, or as may be
reasonably requested from time to time by the Oversight Board.
4.2.8 Project Records. The City shall maintain its hooks, records, documents
and other evidence of its use of Sales Tax Funds in a manner which complies with generally
accepted governmental accounting principles,procedures and practices and which is sufficient to
reflect properly and fully all costs and expenditures of any nature incurred in connection with the
Projects or otherwise paid or to be paid in whole or in part from Sales Tax Funds, and such
books, records, documents and other evidence shall be retained for a period of at least ten years
after the expiration of this Interlocal Agreement.
4.2.9 Audits. The City shall allow any audit or audits which the Oversight
Board may initiate from time to time with respect to any Sales Tax Funds disbursed to the City,
the use and expenditure thereof, and the Projects funded therewith. Also, the Comptroller
likewise may initiate such audits with respect to such funds at any time. During each such audit,
the City shall ensure that its officials and employees cooperate fully and provide promptly all
accounting records, files, contracts, plans, invoices, canceled checks, bank statements and other
documents, whether on paper or electronic media, which the auditors may request.
Each audit initiated by the Oversight Board shall be performed by the Comptroller
unless the Comptroller elects not to perform it, or the Comptroller approves having the audit
performed by an independent auditing firm. or the Oversight Board approves by a two-thirds
vote of its members having the audit performed by an independent auditing firm.
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All such audits, regardless of who performs them, shall be done according to
generally accepted governmental auditing standards.
To ensure the ability of the Comptroller and the Oversight Board to perform
complete and accurate audits, the City must include, in all its contracts for design and
construction of Projects to be paid from Sales Tax Funds, audit provisions substantially as
contained in Exhibit C to this Interlocal Agreement.
Finally, the City shall cause its independent auditor to attest in the City's financial
audit each year whether the City has substantially complied with the requirements and
restrictions of this Interlocal Agreement.
4.2.10 Sanctions. The City shall be subject to such sanctions as the Oversight
Board and the Comptroller may impose jointly for:
A. refusal or failure to comply with Florida law governing Sales Tax
proceeds, the Sales Tax Ordinance, Project List or this Interlocal
Agreement; or
B. using any Sales Tax Funds to pay any expenditure neither authorized nor
contemplated under the Sales Tax Ordinance,the Project List, and this
Interlocal Agreement.
Such sanctions shall be equitable and shall be commensurate with the nature and
severity of the City's offense. If warranted, the sanctions may include(i) delay, reduction or
termination of disbursements of funds from the Orlando Trust Accounts to the City or (ii)
judicial action to recover unauthorized expenditures of Sales Tax Funds, but in either case only
upon a vote of no fewer than two-thirds of the members of the Oversight Board followed by
approval by the Comptroller, and only if such delay, reduction, or termination of disbursements
or such suit to recover unauthorized expenditures would not result in material impairment of the
contract rights of City creditors or other third parties.
4.2.11 Audits of Disbursements of Sales Tax Funds. From time to time the City
may audit at its expense the disbursements of Sales lax Funds made by the Comptroller pursuant
to Article HI and other provisions of this Interlocal Agreement. During each such audit, the
Comptroller shall ensure that her employees cooperate fully and provide all accounting records,
files, contracts, plans,invoices, canceled checks, bank statements and other documents, whether
on paper or electronic media, which the City's auditors may request. All such audits shall he
done according to generally accepted governmental auditing standards.
4.3 Prohibition on Expenditures for Wages, Salaries and Overhead.
In addition to the prohibition under Subsection 212.055(2) of Florida Statutes
(2002) against using Sales Tax Revenues for operational expenses of any infrastructure, neither
the County nor the City may use Sales Tax Funds to pay all or any part of the cost of any wages,
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salaries or customary benefits for their respective employees assigned to Projects, except for the
wages, salaries and benefits of employees who have been hired under a bona fide employment
contract that is tied directly to a Project (or Projects) and that will terminate on or before the date
the Project is completed. It is the express intent of the parties to this Interlocal Agreement that
the wages, salary and customary benefits of a permanent County or City employee are not to be
capitalized and paid from Sales Tax Funds merely because the employee is assigned to a Project.
Additionally, neither the County nor the City may use Sales Tax Funds to pay
any of their own indirect costs attributable to any Projects, as determined by generally accepted
governmental accounting principles. However, this subsection does not, in and of itself, prohibit
the County or the City from paying the indirect costs of a third-party contractor hired for the
purpose of completing a Project.
4.4 Reallocations Occasioned by Sanctions or Legal Ineligibility.
4.4.1 County. If a reduction or termination of disbursements of funds is
imposed against the County under subsection 4.1.9 (or if for whatever reason the County is
otherwise determined by a court of competent jurisdiction to be legally ineligible to receive or
use all or any portion of its disbursements under this Interlocal Agreement), 33%of the funds
which would have been disbursed but for the reduction or termination shall be deposited in the
Orlando/ Road Projects Trust Account, 33% shall be deposited in the Orlando Pedestrian Safety
Projects Trust Account, 20.0% shall be deposited in the Other Municipalities Road Projects Trust
Account, and the remaining 14% shall be deposited into the Other Municipalities Pedestrian
Safety Projects Trust Account.
4.4.2 City and Municipalities. If a reduction or termination of disbursements of
funds is imposed against the City under subsection 4.2.10 or against any Municipality under the
terms of its Accountability Agreement (or if for whatever reason the City or 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 Municipality but for
the reduction or termination shall be disbursed to the County Road Projects Trust Account.
4.5 Signage Requirements. The County and the City each shall erect signs at the
site of each Project undertaken by them for construction of either road improvements or rail-
transit improvements, the cost of which is paid, either directly or indirectly, in whole or in part,
from Sales Tax Funds. The signs erected must be of size and quality substantially similar to the
signage that the County and the City customarily erect at their respective public works projects.
At a minimum, each sign must identify the Project under construction and indicate that it is being
paid for by funds derived from the Sales Tax. Also, if on any of its signs the City includes the
names of either its Mayor or its city commissioners, or both, it shall also include on each such
sign, correspondingly, the names of the County Chairman or the county commissioners, or both.
Each sign shall be erected simultaneously with the start of construction and shall remain at least
until construction is substantially complete.
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With regard to other types of Projects paid for, in whole or in part, from Sales Tax Funds,
the County and the City each has the option to erect signs or not to erect signs. however, the
above requirement for the City to include the names of corresponding Board members if the sign
shows the names of any or all City Council members applies in each case where the City elects
to erect a sign.
4.6 Pooled Environmental Mitigation Funds. As contemplated by the CTC
Report, the County will attempt to "pool" the amounts of money that each jurisdiction must
expend under state and federal environmental laws to satisfy mitigation requirements to offset
any environmental impacts of their respective Projects. The County expects that by pooling the
Sales Tax Funds to he expended to provide mitigation for all environmental impacts attributed to
the Projects, it can enhance the amount of environmentally valuable lands in Orange County that
are purchased and placed in public ownership and, when appropriate, restored or enhanced for
the benefit and use of the residents of the City, the Municipalities, and the County. However, the
County recognizes that this effort will succeed only if regulatory agencies, such as the water
management districts, approve the eventual pooling of environmental mitigation funding.
Therefore, the County declares that it will work diligently to obtain from the regulatory
agencies the necessary approvals to identify and establish mitigation options that are necessary to
undertake and implement the pooling of environmental mitigation funding so as to enhance the
quantity and quality of future purchases of environmentally valuable lands in Orange County.
The City declares that it will work cooperatively with the County to secure the approvals
mentioned above and will participate in the mitigation options established by the County.
Should any of the regulatory agencies not approve the pooling of environmental
mitigation funding, then the City and County shall expend funds, without pooling, to offset
environmental impacts on a Project-by-Project basis.
Article V
USE OF SALES TAX FUNDS - MUNICIPALITIES AND
TRANSPORTATION AGENCIES
5.1. Municipalities.
5.1.1 Pedestrian Safety Project Funding—Eligibility Requirements. 'le he
eligible for a share of the funds to be disbursed from the Other Municipalities Pedestrian Safety
Projects Trust Account as set forth in subsection 3.2.3(b), a Municipality, in addition to
complying with the terms of the Sales Tax Ordinance, Project List and applicable provisions of
Florida law, must
A. deliver or must have delivered to the County Chairman on or before
September 5, 2003, a written resolution of the governing body of the
Municipality approving the use of Sales Tax Funds to pay the costs of the
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Projects on the Project List and requesting a share of Sales Tax Funds in
order to pay the capital costs of the Projects to be undertaken by the
Municipality; and
B. execute an Accountability Agreement with the County in form and
substance that complies with this Interlocal Agreement and is acceptable
to the Board; and
C. deliver to the County Chairman a list of specific Projects the capital cost
of which the Municipality intends to pay, in whole or in part, from Sales
Tax Funds to be disbursed from the trust account, plus a description of
each Project, plus an accurate, reliable estimate of the cost of each Project,
plus a description of any other funds which the Municipality expects to be
available to pay the cost of the Project; and
D. have received approval by the Oversight Board or the Governing Board of
the Project or Projects as required by section 6 of the Sales Tax Ordinance
and subsection 5.1.2 of this Interlocal Agreement or, alternatively, must
have had such Projects identified with specificity in the Accountability
Agreement executed by the Municipality and the County.
5.1.2 Approval of Pedestrian Safety Projects to Receive Sales Tax Funds.
From time to time, as is necessary or useful to ensure that the monies in the Other Municipalities
Pedestrian Safety Projects Trust Account are used in a timely manner for Projects to be
undertaken by the Municipalities,the County Chairman shall convene the Oversight Board and
request its review of Projects then proposed by the Municipalities (and not otherwise identified
with specificity in and approved by the pertinent, executed Accountability Agreement). The
Oversight Board shall consider the Projects then being proposed and shall render its decision
with respect to which Projects are eligible to receive disbursements from the trust account and.
for those Projects, how much Sales Tax Funds should be disbursed. The Oversight Board shall
report its decisions to the County Chairman, and any appeals therefrom may be taken to the
Governing Board as contemplated in section 6 of the Sales Tax Ordinance.
Thereafter,the Comptroller shall disburse funds from the appropriate subaccount
as set forth in the appropriate Accountability Agreements and in accordance with the decisions of
the Oversight Board or the Governing Board, as applicable.
So long as a Municipality either gets all its pedestrian-safety Projects indentified
in its executed Accountability Agreement or applies for Oversight Board and/or Governing
Board approval of its Projects (or any combination of the foregoing)on or before December 31,
2010, and so long as the pedestrian-safety facilities it proposes to construct with Sales Tax Funds
received under an Accountability Agreement constitute "Projects" for purposes of this Interlocal
Agreement, then the Municipality shall be entitled to disbursement of all the Sales Tax Funds on
deposit in the respective subaccount provided for the Municipality in subsection 3.2.3.
Furthermore, the aggregate amount to which each such Municipality shall be entitled during the
term of this Interlocal Agreement shall be no less than $250,000, and the Comptroller is
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authorized and directed to transfer Sales Tax Funds from the County Pedestrian Safety Projects
Trust Account to the Municipality's subaccount as necessary to meet this minimum amount.
Any Sales Tax Funds remaining undisbursed and otherwise unencumbered in any
subaccount of the Other Municipalities Pedestrian Safety Projects Trust Account as of January I,
2012, will be deemed surplus funds and will be available for disbursement to any Municipality
for any pedestrian-safety project. In the event such surplus funds occur, the Oversight Board and
the Governing Board shall use the following criteria in deciding which Projects proposed by
Municipalities are then to receive disbursements from the Other Municipalities Pedestrian Safety
Projects Trust Account:
A. whether the proposed Project will properly involve construction of
pedestrian overpasses, sidewalks, bike paths, bike trails, traffic-signal
systems, or intersection improvements;
B. whether the Sales Tax Funds in the trust account are sufficient to fund all
or part of the Project after taking into consideration other Projects that
have previously been approved for disbursement and other Projects then
under consideration for disbursements which may be of higher priority;
C. whether the Project will adequately and properly serve the transportation
needs of the public;
D. whether the Project will provide sufficient benefit to the public when
compared to the Project cost;
E. whether the Municipality and its elected officials and staff are capable of
undertaking the Project in a prudent, competent, and reliable manner; and
F. whether the Project is otherwise meritorious under such other criteria as
the Oversight Board and the Board may in prudence and reasonableness
deem valid to the decision under the circumstances then existing.
If funds remain undisbursed and otherwise unencumbered in the Other
Municipalities Pedestrian Safety Projects Trust Account as ofJanuary 1, 2015, two-thirds(2/3)
of the remaining funds shall be transferred to the County Pedestrian Safety Projects Trust
Account and one-third (1/3) shall be transferred to the City for deposit into the City's Sales 'Fax
Pedestrian Safety Projects Trust Fund, the fund required under subsection 4.2.2.
5.1.3 Other Municipalities Road Projects Trust Account. The Comptroller
shall disburse Sales Tax Funds on deposit in the several subaccounts of the Other Municipalities
Road Projects Trust Account according to the provisions of the applicable Accountability
Agreements with the respective Municipalities. No Sales Tax Funds may be disbursed from any
subaccount unless the County (i) has received accurate and reliable estimates of the cost of each
road Project to he funded from each subaccount and (ii) has entered into an Accountability
Agreement with the respective Municipality.
If for any reason there remain any Sales Tax Funds in the Other Municipalities Road
Projects Trust Account after payment(or after otherwise providing for payment) in full of all
costs of the several Projects identified in the Project List to be undertaken by the Municipalities,
such surplus funds may be used likewise only to pay the costs of other road Projects, as the
several Municipalities may propose and the Oversight Board or the Governing Board may then
approve in accordance with section 6 of the Sales Tax Ordinance. If after approval and funding
of all such additional Projects there remains additional surplus funds in any of the several
subaccounts of the trust account, the Comptroller shall transfer two-thirds (2/3) of such surplus
funds to the County Road Projects Trust Account, and the remaining one-third (1/3) of the
surplus funds to the Orlando Road Projects Trust Account.
5.1.4 Accountability Agreements. In addition to any other requirement and
restriction which, under this Interlocal Agreement, must be incorporated into each
Accountability Agreement with each Municipality, the County shall ensure that each
Accountability Agreement with each Municipality contains requirements and restrictions
substantially similar to those imposed on the City in subsections 4.2.3 through 4.2.10, inclusive,
and sections 4.3 through 4.6, inclusive, of this Interlocal Agreement. Each Accountability
Agreement shall contain, as well, such provisions as the Board deems prudent and consistent
with good business practice, sound public policy, and the public interest.
5.2 Transportation Agencies. The County shall endeavor to draft, negotiate, and
enter into appropriate Accountability Agreements with FOOT and, perhaps, other appropriate
Transportation Agencies, as appropriate and desirable, under which each Transportation Agency
shall undertake Projects on the Project List as set forth in the respective Accountability
Agreement. Each such Accountability Agreement shall impose on the respective Transportation
Agency restrictions and requirements similar to those imposed on the City in subsections 4.2.3
through 4.2.10, inclusive, and sections 4.3 through 4.6 of this Interlocal Agreement, inclusive (if
and to the extent negotiated and agreed to by the parties to the Accountability Agreement), plus
such other provisions as the Board deems prudent and consistent with good business practice,
sound public policy, and the public interest. However, no fewer than 15 business days before the
County executes each such Accountability Agreement, it shall deliver a draft of the proposed
agreement to the City for the City s review and comment.
Nothing in this Interlocal Agreement creates any right or entitlement whatsoever on the
part of any 'fransportation Agency to any Sales Tax Funds. No Transportation Agency shall
have any third-party right of enforcement of any provision of this Interlocal Agreement or of the
Sales Tax Ordinance or the Project List. If for whatever reason the County fails or refuses to
enter into an Accountability Agreement with one or more Transportation Agencies as
contemplated by this Interlocal Agreement, the Project List, and the CTC Report, and if such
failure or refusal to execute an Accountability Agreement results in a substantial amount of
unencumbered Sales Tax Funds that otherwise would have been disbursed to the Transportation
Agency under an Accountability Agreement, had one been executed, then the County may either:
A. exercise its option under section 7.3; or
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B. allow the levy of the tax to continue and to use the Sales Tax Funds that
otherwise would be undisbursed and remain in the Major Roads and
Transit Holding Account only for other Projects on the Project List as the
County and the City may later agree.
Article VI
OVERSIGHT ACCOUNTABILITY REQUIREMENTS
6.1 Accountability Reports. It is the express intent of the County and City that the
accountability provisions in this Interlocal Agreement and the Accountability Agreements shall
be carried out vigorously so as to assure the citizens of Orange County of strict compliance by all
with the requirements and restrictions imposed in connection with the levy of the Sales Tax and
the use of the Sales Tax Funds.
Therefore, the County shall cause the Oversight Board to issue reports to the citizens no
less frequently than once per year, setting forth the status of the various Projects in the Project
List, providing information as may be necessary or useful regarding the use of Sales Tax Funds,
and identifying any failures by the County, the City, any Municipality, or any Transportation
Agency to comply with the requirements and restrictions imposed by Florida law, the Sales Tax
Ordinance, the Project List, this Interlocal Agreement and the several Accountability
Agreements. The reports may contain such additional information as the Oversight Board may
decide and shall be suitably published and disseminated for broad public availability.
Finally, the County shall cause the Oversight Board to hold at least one public hearing no
sooner than 30 days and no later than 90 days after publication and dissemination of each report.
6.2 Liaison Required. For the convenience and effectiveness of the Oversight
Board, the County and the City shall each designate by title an official or employee to serve as
liaison to the Oversight Board, and such official or employee or his or her successor shall remain
the liaison throughout the term of this Interlocal Agreement as a point of contact on which the
Oversight Board may depend, unless a substitute official or employee is designated by title as the
liaison by either the County or the City.
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Article VII
TERM AND TERMINATION.
7.1 Effective Date. This Interlocal Agreement shall take effect as of its date set forth
above.
7.2 Termination Upon Voter Disapproval. If the levy of the Sales Tax is not
approved by a majority of the electors of the County voting in the referendum required by
Section 7 of the Sales Tax Ordinance, this Interlocal Agreement shall terminate in its entirety on
January I,2004, without further action by the parties hereto.
7.3 Termination Otherwise. In all events, this Interlocal Agreement shall remain in
effect only through December 31, 2023, and shall terminate and he void thereafter, except to the
extent set forth in section 7.4.
However, notwithstanding the foregoing, if at any time during the term of this Interlocal
Agreement the Board elects either to reduce the rate of the Sales Tax to zero or to repeal the
Sales Tax Ordinance in the manner allowed under section 8 of the Sales Tax Ordinance, the
Board may declare this Interlocal Agreement terminated, but only if the Board first receives,
from independent legal counsel expert in matters of state and local taxation and finance, an
unqualified opinion to the following effect:
(i) the principal of and interest and redemption premium (if any) on all Sales Tax
Bonds and Contract Revenue Bonds has either been paid in full or provision for
full payment thereof has legally been made, and the rights of all owners of those
bonds will not be impaired in any manner whatsoever by the contemplated actions
of the Board; and
(ii) the contemplated actions by the Board will not impair the rights of any other
creditors of the County,the City, any Municipality, or any Transportation
Agency; and
(iii) the contemplated actions by the Board will not result in the City or any
Municipality getting less than the full amount of funding contemplated under
subsections 3.2.2 and 3.2.3; and
(iv) the contemplated actions by the Board will not materially impair any contract
rights of the City or of any Municipality or of any Transportation Agency with
which the County has entered into an Accountability Agreement.
7.4 Survival of Restrictions on Use of Tax Proceeds. Notwithstanding any
provisions of this Interlocal Agreement relating to its termination, the restrictions imposed by the
Sales Tax Ordinance, the Project List, this Interlocal Agreement, and the several Accountability
Agreements on the distribution and use of Sales Tax Funds shall survive expiration and repeal of
the Sales Tax Ordinance, the Project List, and this Interlocal Agreement and shall remain fully
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enforceable by the Comptroller and the Oversight Board, including enforcement through action
brought in a court of competent jurisdiction.
Article VIII
AMENDMENTS; ENFORCEMENT
8.1 Amendments Generally. In addition to the other requirements imposed by this
article,this Interlocal Agreement may be amended, and its material provisions may be waived,
only by written instrument expressly approved for the County by the Board and for the City by
the City's council, and only if properly executed by all the parties hereto.
8.2 Amendments Requiring Consent of Municipalities. The following types of
amendments to this Interlocal Agreement may not take effect without the written consent of the
governing bodies of all Municipalities:
A. Any change in subsections 3.2.2 and 3.2.3 with respect to the percentages
of deposits to the Other Municipalities Road Projects Trust Account and
the Other Municipalities Pedestrian Safety Projects Trust Account.
B. Any amendment to section 5.1 adding eligibility criteria or otherwise
adversely affecting the interests of any Municipalities; and
C. Any amendment to this section 8.2.
8.3 Enforcement. The County and the City shall have all legal and equitable
remedies provided by Florida law for enforcement hereof In addition, the Municipalities are
declared to be intended beneficiaries by those provisions of this Interlocal Agreement that
expressly and directly affect them and, therefore, have all rights of enforcement hereof as
provided by Florida law for third-party beneficiaries. Finally, the Comptroller and the Oversight
Board shall have such right of enforcement of this Interlocal Agreement as is necessary to ensure
their ability to fulfill the respective responsibilities that this Interlocal Agreement contemplates
will be undertaken by them, and to that extent the Comptroller and the Oversight Board likewise
are third-party beneficiaries.
8.4 Covenant Not to Amend. The County hereby covenants not to enact any
amendments to its Ordinance No. 2003 - or any codified provisions thereof, the effect of
which would be to alter the composition of the Governing Board or the Transit Board, or both,
without the consent of the City Council. To enforce this covenant, the City shall have the right
to an injunction without the necessity of showing irreparable harm.
Article IX
35
MISCELLANEOUS PROVISIONS
9.1 Validity. After consultation with their respective legal counsel, the County and
the City each represents and warrants to the other its respective authority and power under
Florida law to enter into this Interlocal Agreement, acknowledges the validity and enforceability
of this Interlocal Agreement, and waives any future right of defense based on claim of illegality,
invalidity or unenforceability of any nature. The City and the County each hereby represents,
warrants and covenants to and with the other (i) that this Interlocal Agreement has been validly
approved by its respective governing body at a duly held public meeting, and (ii) that this
Interlocal Agreement constitutes a legal, valid and binding contract enforceable against the
respective party in accordance with the terms hereof(assuming the due authorization, execution
and delivery hereof by the other party).
9.2 Ambiguities. Both parties have been allowed equal input regarding the terms and
wording of this Interlocal Agreement and have had the benefit of consultation with legal counsel
prior to its execution, such that all language herein shall be construed equally against the parties,
and no language shall be construed strictly against its drafter.
9.3 Headings. The headings or captions of sections or paragraphs used in this
Interlocal Agreement are for convenience of reference only and are not intended to define or
limit their contents, nor are they to affect the construction of or to be taken into consideration in
interpreting this Interlocal Agreement.
9.4 Severability. The provisions of this Interlocal Agreement are declared by the
parties to be severable.
9.5 Governing Law; Venue. This Interlocal Agreement shall be governed by and
construed in accordance with laws of the State of Florida, and venue for any action arising out of
or related to this Interlocal Agreement shall be in the Circuit Court for the Ninth Judicial Circuit
in Orange County, Florida.
9.6 Full Agreement; Filing with Comptroller. This Interlocal Agreement contains
the entire agreement of the parties with respect to the distribution, disbursement, and use of Sales
Tax Funds. Previous agreements and understandings of the parties with respect to such matters
are null and void and of no effect. As required by subsection 163.01(11), Florida Statutes (2002),
this Interlocal Agreement and all amendments thereto shall be filed with both the Clerk to the
Circuit Court for Orange County and the Comptroller, as clerk to the Board.
9.7 Notices. All notices, elections, requests and other communications hereunder
must be in writing and will be deemed given only when delivered to the other party in the
following manner:
1. when personally delivered; or
36
2. five business days after being deposited in the United States Mail, postage
prepaid, certified or registered; or
3. the next business day after being deposited with a recognized overnight mail-or
courier-delivery service; or
4. when transmitted by facsimile or telecopy transmission, with receipt
acknowledged upon transmission;
and only if addressed as follows (or if addressed to such other person or to such other address as
the receiving party may have specified by written notice as provided herein):
If to County: Orange County Administrator
Orange County Administration Center
201 South Rosalind Avenue, Fifth Floor
Orlando, Florida 32801-4328
Facsimile: (407)836-7399
With copies to: Orange County Comptroller
Orange County Administration Center
201 South Rosalind Avenue, Fourth Floor
Orlando, Florida 32802-0038
Facsimile: (407)836-5599
and
Orange County Attorney
Orange County Administration Center
201 South Rosalind Avenue, Third Floor
Orlando, Florida 32801-4328
Facsimile: (407)836-5888
If to City: Chief Administrative Officer
Orlando City Hall
400 South Orange Avenue
Orlando, Florida 32801
Facsimile: (407)246-3342
With copies to: City Attorney
Orlando City Hall
400 South Orange Avenue
Orlando, Florida 32801
Facsimile: (407)246-2854
In all cases, notices shall be deemed delivered to a party only upon delivery of copies to
the persons indicated above in the same manner as for the party being notified.
37
WHEREFORE, the County and the City have executed this Interlocai Agreement as of
the date and year first above written.
ORANGE COUNTY, FLORIDA
By: Board of County Commissioners
BY:
County Chairman
ATTEST: Martha O. Haynie, County Comptroller
As Clerk to the Board of County Commissioners
BY:
Deputy Clerk
CITY OF ORLANDO, FLORIDA
By: City Council
BY:
Mayor
AIIEST:
City Clerk
Approved as to form and legality
for the use and reliance of the City only:
* * * * * * * * * * * * * * * * * * * * *
Consent of County Comptroller
The Orange County Comptroller consents to and accepts the foregoing provisions which
pertain to the Comptroller and her office.
Martha O. Haynie
38
Orange County Comptroller
39
EXHIBIT A
to
Interlocal Agreement regarding Transportation Sales Tax
Amounts to be deposited in the Several Road-Projects
Trust Accounts in the Transportation Sales Tax Trust Fund
11-2001 F1-2005 11-2006 FY-2000 F1-2008
%of Annual %of Annual Max. %of Annual %of Annual %of Annual
ACCOUNT Distribution Max. Distribution Distribution Max. Distribution Max. Distribution Max.
less 3.2.1 less 3.2.1 less 3.2.1 less 3.2.1 I less 3.2.1
deposits deposits deposits deposits deposits
Orlando Road 638% S 5,692.956 6.44% $ 7.841,098 641% $ 8,099854 6.37% $ R.367.149 6.33% S 8,643,265
Projects Trust
Account
Other 6.07% 5,422.142 6.13% 7,468.097 6.11% 7714.544 6.09% 7.969.124 6.03% 8232_105
Municipalities
Road Projects
Trust Account _
County Road 1705% 15.226,402 1723% 20_971_831 17 15% 21,663,901 1703% 22.378.810 16.92% 23.117311
Projects Trust
Account
11-2009 FY-2010 F1-2011 11-2012 FT-21113 11-2014
%of Annual %of Annual %of Annual Max. %of Annual %of Annual %of Annual
ACCOUNT Distribution Max. Distribution Max. Distribution Distribution Max. Distribution Max. Distribution Max.
less 3,2.1 less 3.2,1 less 3.2.1 less 3.2.1 less 3.2.1 less 3.2.1
deposits deposits deposits deposits deposits deposits
Orlando Road 628% S8,928,493 624% $9.223.133 , 6.20% _ 7. 97 6.16% $ 9.841.904 6.12% $ 10,166,687 1.52% $ 2.625,547
Projects Trust
Account
Other 5.98% 8.503.765 594% 8.784389 5.90% 9.074,274 5 86% 9.33.725 5.83% 9.683.058 1.45% 2.500,650
Municipalities
Road Projects
Trust account _ -
County Road 16.81% 23.880.182 1669% 24.668228 16.58% 25482280 16.47% 26,323.195 16.36% 27.191.860 4.06% 7.022,298
Projects Trust
Account
1
EXHIBIT B
to
Interlocal Agreement on Transportation Sales Tax
Projected Annual Deposits in the
Major Roads and Transit holding Account
Fiscal Year Projected Deposit
2004 $ 46,835,016
2005 63,257,214
2006 65,899,261
2007 68,958,172
2008 72,153,396
2009 75,490,846
2010 78,976,687
2011 82,617,348
2012 96,778,772
2013 104,658,344
2014 156.976.368
2015 179,791,668
2016 186,983,335
2017 194,462,668
2018 202,241,175
2019 210,330,822
2020 218,744,055
2021 227,493,817
2022 236,593,570
2023 246,057.312
2024 62,111,555
EXHIBIT C
to
Orange County/Orlando Interlocal Agreement
Regarding Transportation Sales Tax
Required Audit-Provisions in City and County Contracts
The County and the City each must include, in all their respective consultant, design,
construction, and supply contracts for Projects to be paid from Sales Tax Funds, audit provisions
substantially as follows:
The contractor must keep adequate records and support documents applicable to
this contract. Such records and documentation will be retained by the contractor
for a minimum of five years from the date of final payment on this contract. The
county/city and its authorized agents shall have the right to audit,inspect and
copy records and documentation as often as the county deems necessary
throughout the term of this contract and for a period of five years after final
payment. Such activity shall be conducted during normal business working
hours.
2. The county/city, during the period of time defined by the preceding paragraph,
shall have the right to obtain a copy of and otherwise inspect any audit made at
the direction of the contractor as concerns the aforesaid records and
documentation.
3. The contractor's"records and supporting documents" as referred to in this
contract shall include any and all information,materials and data of every kind
and character, including without limitation, records, books, papers, documents,
subscriptions, recordings, agreements, purchase orders, invoices, leases, contracts,
commitments, arrangements, notes, daily diaries, superintendent reports,
drawings, receipts, vouchers and memoranda, and any and all other agreements,
sources of information and matters that may, in the judgment of the county/city,
have any bearing on or pertain to any matters, rights, duties or obligations under
or covered by any contract. Such records and documents shall include(hard
copy, as well as computer readable data), written policies and procedures; time
sheets; payroll registers; cancelled checks; subcontract files (including proposals
of successful and unsuccessful bidders, bid recaps, etc.); original estimates;
estimating worksheets; correspondence; change order files (including pricing data
used to price change proposals and documentation covering negotiated
settlements); back-charge logs and supporting documentation; general ledger
entries detailing cash and trade discounts earned, insurance rebates and dividends;
and any other contractor records which may have a bearing on matters of interest
to the county/city in connection with the contractor's dealings with the
county/city (all foregoing hereinafter referred to as "records and supporting
documents")to the extent necessary to adequately permit evaluation and
verification of:
a) contractor compliance with contract requirements, or
b) compliance with provisions for pricing change orders, or
c) compliance with provisions for pricing invoices, or
d) compliance with provisions regarding pricing of claims submitted by the
contractor or his payees,
e) compliance with the county's/city's business ethics, or
1) compliance with applicable state statutes and county/city Ordinances and
regulations.
4. Records and documents subject to audit shall also include those records and
documents necessary to evaluate and verify direct and indirect costs, (including
overhead allocations) as they may apply to costs associated with this contract. In
those situations where the contractor's records have been generated from
computerized data(whether mainframe, mini-computer, or PC based computer
system), the contractor agrees to provide the county's/city's representatives with
extracts of data files in computer readable format on data disks or suitable
alternative computer exchange formats.
5. The contractor shall require all payees (examples of payees include
subcontractors, insurance agents, material suppliers, etc.)to comply with the
provisions of this article by including the requirements hereof in a written contract
agreement between contractor and payee. Such requirements include a flow-
down right of audit provisions in contracts with payees, which will also apply to
subcontractors and sub-subcontractors, material suppliers, etc. The contractor
will cooperate fully and will cause all related parties*** and all of the contractors
subcontractors (including those entering into lump sum subcontracts and lump
sum major material purchase orders) to cooperate fully in furnishing or in making
available to the county/city from time to time whenever requested in an
expeditious manner any and all such records, documents, information, materials
and data.
6. The county's/city's authorized representatives or designees shall have reasonable
access to the contractor's facilities, shall be allowed to interview all current or
former employees to discuss matters pertinent to the performance of this contract
and shall have adequate and appropriate work space, in order to conduct audits in
compliance with this article.
7. Even after a change order proposal has been approved, the contractor agrees that
if the county later determines the cost and pricing data submitted was inaccurate,
incomplete, not current or not in compliance with the terms of the contract
regarding pricing of change orders, then an appropriate contract price reduction
will be made. Such post-approval contract price adjustment will apply to all
levels of contractors and/or subcontractors and to all types of change order
proposals specifically including lump sum change orders, unit price change
orders, and cost-plus change orders.*
2
8. If an audit inspection or examination by the county/city, or its designee, in
accordance with this article discloses overpricing or overcharges (of any nature)
by the contractor to the county/city in excess of one-half of one percent(.5%**)
of the total contract billings, the reasonable actual cost of the county's/city's audit
shall be reimbursed to the county/city by the contractor. Any adjustments and/or
payments that must be made as a result of any such audit or inspection of the
contractor's invoices and/or records and supporting documents shall be made
within a reasonable amount of time (not to exceed 90 days) from presentation of
the county's/city's findings to the contractor.
*May be included here if not included in the change order clause.
"May be set at 1"% for small contracts.
***"Related Parties" should he defined in the contract.
Exhibit D
To
Orange County / Orlando Interlocal Agreement
Regarding
Transportation Sales Tax
I insert copy of"Project List" (i.e., the project resolution and its exhibit)]
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