Monday, October 6, 2014

Pinellas County PSTA Interlocal Agreement Review Sections 15, 16, 17, 18 and 19

Pinellas County Voters are being asked to approve a law (The GreenLight Plan) that would provide for an open ended 1% increase in the County sales tax.

You can read a review of the actual law you will approve if you vote yes at Sales Tax (GreenLight) Ordinance Review

Due to pressure from opponents of the Greenlight plan and the Sales tax ordinance, the Suncoast Transit Authority and the Pinellas County Commission found it necessary to develop the Interlocal Agreement before the election to add some direction to how the revenue from the 1% sales tax will be spent and to attempt to add some clarity regarding the suspension of the current PSTA Ad valorem property tax. 

The following document is a reproduction of the Pinellas County Interlocal Agreement with the Suncoast Transit Authority approved by the Pinellas County Commission.

The text of the Agreement appears in italics     My Comments appear in Bold regular text.

The Parties shall comply with all applicable federal, state, and local laws, ordinances, rules and regulations, the federal and state constitutions, and the orders and decrees of lawful authorities having jurisdiction over the matter at issue (collectively, "Laws"), including but not limited to public records laws, and the County's Comprehensive Plan. The County's execution of this Agreement shall not be construed as an approval of any necessary rezoning applications nor for any other regulatory permits relating to PSTA's Greenlight Plan.

Given PSTAs recent history with following the law, this Section seems very weak. There are no penalties for failing to comply with this Section.

Note also that the County retains its Zoning authority in this Section. Retaining this authority and how it is applied will have a lot of impact on the "transit oriented redevelopment" portion of Greenlight plan.

Except for the activities described in Section 11 (D) above which will be the subject of a separate agreement, to the extent permitted by law, PSTA shall defend, indemnify and pay the cost of defense, and hold harmless the County from all damages, suits, actions, or claims of any character brought on
account of any injuries or damages received or sustained by any person, persons, or property, on account of any negligent or willful act or omission, or neglect or misconduct of PSTA; This paragraph shall not be interpreted to waive any immunity from or limitation of liability that PSTA may be entitled to under the doctrine of sovereign immunity or Section 768.28, Florida Statutes.

Standard contract language

Neither County nor PSTA shall be deemed to be in breach of this Agreement by reason of a Force Majeure.

Standard contract language, but usually the Force Majeure clause is repeated in the Agreement for clarity.

Each Party to this Agreement represents and warrants to the other Party that: (i) it has the full right and authority and has obtained all necessary approvals to enter into this Agreement; (ii) each person executing this Agreement on behalf of the Party is authorized to do so; and (iii) this Agreement constitutes a legal and binding obligation of the Party, enforceable according to its terms.

Both the County Board of Commissioners and the PSTA Board have formally approved this Agreement.

No Party to this Agreement may assign any rights or delegate any duties under this Agreement without the prior written consent of the other Party, which consent shall not be unreasonably withheld.

Standard contract language

Watch My Video Green Light - It's a Bad Law before you vote.

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Disclosures: Contributor to
No Tax for Tracks.

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