Thursday, October 9, 2014

Pinellas County PSTA Interlocal Agreement Review - Sections 30, 31 32 and 33

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. 

DISCLAIMER:
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.

SECTION 30. DEFAULT AND REMEDIES FOR DEFAULT.
(A) Each Party hereto shall be considered in default if it is in default in the due and punctual performance of any covenant, condition, agreement and provision contained herein, to be performed, and such default shall continue for sixty (60) days after written notice specifying such default and requiring same to be remedied shall have been given to such Party by the other Party.

Remember the Agreement requires the County to send the sales tax revenues to PSTA within 5 days.

(B) Upon the happening and continuance of a default by a Party hereto, then and in every such case the other Party may proceed to protect and enforce their rights hereunder by such suits, actions or special proceedings in equity or at law, or by proceedings in the office of any board or officer having jurisdiction, either for mandamus or the specific performance of any covenant or agreement contained herein or in aid or execution of any power herein granted or for the enforcement of any proper legal or equitable remedy, as such Party shall deem most effectual to protect and enforce such rights.

If the County does not move the sales tax proceeds to PSTA or withholds funds in violation of the Agreement then PSTA may proceed legally against the County.

(C) The provisions of this Section 30 shall not apply with respect to any of the matters set forth in Section 6 and Section 9 hereof. Any event that occurs under Section 6 or Section 9 hereof that could result in a reduction of the distribution of Surtax Net Proceeds shall not be considered a default under this Section 30.

Standard contract language but keep in mind once these sales tax funds are pledged to bonds, the bond pledge and bond covenants trump all of the above language.

SECTION 31. COUNTERPARTS.
This Agreement may be executed in counterparts by the Parties.

Standard contract language

SECTION 32. TERMINATION.
The Parties' obligations under this Agreement shall terminate immediately without any further action and be of no further force and effect if the Surtax Referendum does not pass or if the Surtax is repealed in its entirety.

This is where you come in.... If you vote NO all of the language in Ordinance 13- 34 and this Agreement simply go away.

SECTION 33. FILING OF AGREEMENT.
This Agreement and any amendments thereto, shall be filed with the Clerk as provided in Section 163.01(11), Florida Statutes.

Standard contract language

SIGNATURES
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives on the date first above written.

This concludes the presentation and review of the GreenLight Interlocal Agreement between the County and PSTA.

It is important to note that this is an Agreement and not an Ordinance or a law. It only goes into effect if the Sales Tax referendum passes on November 4, 2014.

This Agreement can and will be modified as the Greenlight plan unfolds.

The Public has no direct input in to this Agreement or any changes that may be made to accommodate the implementation of the GreenLight plan, bond issuance, financing, bus expansion or train construction or train routes.  

Ordinance 13- 34  makes the 1% sales tax increase a law, and this Interlocal Agreement sets the framework for bonding and financing that will continue this tax  with no provision for repeal for up to 90 years.

It is your decision

Please vote your mail in ballot as soon as you receive it or go to the Polls on November 4, 2014 and vote.

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

E-mail Doc at: dr.webb@verizon.net. Or send me a Facebook (Gene Webb) Friend request. Please comment below, and be sure to share on Facebook and Twitter.
Disclosures: Contributor to
No Tax for Tracks.

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