§ 25-326. Restrictions on use of sales tax proceeds; project list.

(a)

General restrictions. As required by F.S.(2002) § 212.055(2), the proceeds of the sales tax authorized by that subsection and levied by this article, and any interest or other investment earnings accrued thereto, may be expended by the county and Orlando, and by any other municipalities and any other governmental agencies to which the county disburses proceeds under the interlocal agreement or other contract, only to acquire, finance, plan, and construct transportation-related infrastructure within the boundaries of the county, and to acquire land for conservation or protection of natural resources in mitigation of the environmental impacts caused by the construction or acquisition of roads and other transportation facilities.

As contemplated by F.S.(2002) § 212.055(2)(d)1, neither the sales tax proceeds nor any proceeds of any bonds, notes or other instruments of indebtedness payable in whole or in part from sales tax proceeds (nor any interest or other investment earnings accrued to or earned on either sales tax proceeds or the proceeds of any such borrowing) may be used for operational expenses of any infrastructure or for any purpose not authorized by this article or the interlocal agreement.

For purposes of the foregoing, "infrastructure" shall have such meaning as is provided expressly or implicitly in F.S(2002) § 212.055(2).

As set forth in F.S.(2002) § 212.055(2)(e), if the county or any municipality or any transportation agency receiving sales tax proceeds pledges such proceeds for the purpose of servicing new bond indebtedness, in no case may the jurisdiction issue such bonds more frequently than once per year. Furthermore, each jurisdiction issuing bonds payable from sales tax proceeds must comply with all requirements and restrictions in the interlocal agreement which are applicable to the issuance of such bonds.

The county and Orlando, as well as all other municipalities and any transportation agencies to which the county disburses sales tax proceeds under the interlocal agreement or other contract, must comply fully with the restrictions in F.S.(2002) § 212.055(2)(f).

(b)

Permissible infrastructure. Sales tax proceeds, the proceeds of any borrowings payable from sales tax proceeds, and any interest or other investment earnings on either may be used by the county and Orlando, and by any other municipalities and transportation agencies to which the county disburses proceeds under the interlocal agreement or other contract, only (i) to acquire, finance, plan, and construct the infrastructure identified or contemplated in the "sales tax project list" attached to Orange County Resolution No. 2003-M-14, which has been adopted and approved by the board of county commissioners contemporaneously with the enactment of this article, and (ii) to acquire land for conservation or protection of natural resources in mitigation of the environmental impacts caused by such infrastructure. The resolution and the project list must remain in the custody of the county comptroller, as clerk to the board of county commissioners, and will be available during working hours for inspection and copying by the public.

If any individual item of infrastructure or land acquisition identified or contemplated in the project list is later determined not to meet or otherwise not to comply with the general restrictions of subsection (a), or otherwise the cost of it is later determined not to be eligible under F.S.(2002) § 212.055(2) to be paid from sales tax proceeds (or the proceeds of a borrowing payable from sales tax proceeds), it shall be deemed severed and stricken from the project list. Thereafter, the cost of that item of infrastructure or land acquisition may not be paid from sales tax proceeds, or from the proceeds of any borrowing payable from sales tax proceeds, or from any interest or other investment earnings on either.

In addition to the provisions of subsection (a) and this subsection, the county and Orlando, and all other municipalities and transportation agencies to which the county disburses proceeds under the interlocal agreement or other contract, must comply with all requirements and restrictions imposed by the interlocal agreement or other contract pertaining to the receipt, deposit, investment, and expenditure of sales tax proceeds, the proceeds of borrowings payable from sales tax proceeds, and the interest and other investment earnings on either.

(c)

Amendments to project list. Orange County Resolution No. 2003-M-14 and the sales tax project list collectively constitute a declaration to the citizens of Orange County of the projects which the county, the several municipalities, and certain transportation agencies intend and covenant in good faith to undertake and pay for with the proceeds of the sales tax, if it is or has been approved by the voters. Those governmental bodies and agencies recognize that if the voters grant or have granted approval of the sales tax, they will do so or have done so in large part because of the covenant on how the revenue will be used. However, the government agencies are mindful also that there could arise circumstances from time to time which could result in adverse consequences to the citizens and the public interest if the project list cannot be amended. Therefore, the project list is declared to be subject to amendment from time to time, but only as follows:

(1)

Adding, deleting, or changing projects. Except and with the exclusion of the approval processes set forth in paragraphs (2), (3), and (4), the project list may be amended to add a project, to delete a project, to make a material change to the scope of a project, or any combination of the foregoing, only upon written request of the jurisdiction charged with undertaking the project, and only upon review and approval by the oversight board, the transit board, and/or the board of county commissioners, the Orlando City Council, or the governing board (as appropriate), as follows:

i.

No fewer than five (5) members of the oversight board vote to recommend approval of the requested amendment and, subsequently, the request is approved

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By the affirmative vote of no fewer than two-thirds ( 2/3 ) of the members of the board of county commissioners in the case of county projects,

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By the affirmative vote of no fewer than two-thirds ( 2/3 ) of the members of the Orlando City Council in the case of Orlando projects, or

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By the affirmative vote of no fewer than two-thirds ( 2/3 ) of the members of the governing board in the case of all other projects; or

ii.

The oversight board recommends approval of the request by a vote of fewer than five (5) members or recommends denial of the request, but the request is subsequently approved

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By the affirmative vote of no fewer than four-fifths ( 4/5 ) of the members of the board of county commissioners in the case of county projects,

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By the affirmative vote of no fewer than four-fifths ( 4/5 ) of the members of the Orlando City Council in the case of Orlando projects, or

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By the affirmative vote of no fewer than four-fifths ( 4/5 ) of the governing board members in the case of all other projects.

(2)

Adding projects for surplus funds. In the case of a jurisdiction that has paid in full all costs of its projects listed in the project resolution (or has otherwise provided for full payment of such costs), the project list may be amended to add more projects to be undertaken by that jurisdiction and paid for with sales tax proceeds (or with the proceeds of a borrowing payable from sales tax proceeds), but only upon the written request of the jurisdiction and only upon the approving votes of the majority of the members of the oversight board. The oversight board may withhold its approval only for good and substantial cause.

In the case of projects to be undertaken by the county, appeals from decisions of the oversight board are to be taken to the board of county commissioners. In the case of projects to be undertaken by Orlando, appeals from oversight board decisions are to be taken to the Orlando City Council. In all other cases, appeals from oversight board decisions are to the governing board, where a majority vote is required to override the decision of the oversight board.

(3)

Approval of pedestrian-safety projects. In the case of sidewalk, pedestrian-overpass, bike-trail, traffic-signal-system, or intersection-improvement projects, if and to the extent the pertinent contract between a municipality (other than Orlando) and the county identifies the projects with specificity, the projects may be undertaken by the municipality without further approvals. Otherwise, the projects may be undertaken only after the project list has been amended to add the project, and the project list may be amended only upon approval of the proposed project by a majority of the oversight board. The oversight board may withhold its approval only for good and substantial cause. Appeals from oversight board decisions are to the governing board, where a majority vote is required to override the decision of the oversight board.

(4)

Adding, deleting, or changing transit projects or freight-train-mitigation projects; transit systems plan and determination of agency responsible for transit projects. The transit board is the entity that will create, adopt and implement a transit systems plan, subject to approval of the plan by the governing board as set forth in this paragraph (4). To the extent allowed by law, the cost of preparing the plan shall be paid from the proceeds of the sales tax. After the transit systems plan is prepared by the transit board and approved by the governing board, it may be amended only upon recommendation of the transit board and approval thereafter by the governing board in accordance with this paragraph (4).

Subject to the approval of the governing board, the transit board shall determine the agency or agencies that will construct, operate, and maintain the infrastructure to implement and manage the transit systems plan. Thereafter, the transit board shall oversee the approved agency or agencies throughout the construction, operation, and maintenance of the transit projects set forth in the transit systems plan.

In accordance with the transit systems plan, the project list may be amended to add, delete, or make a material change to the scope of a transit project or a freight-train-mitigation project, or any combination of the foregoing. However, such addition, deletion, or material change shall be consistent with the transit systems plan and, along with approval of the transit systems plan and approval of the agency or agencies to implement the several transit projects set forth in the transit systems plan, may occur only

i.

Upon recommendation of approval of the proposed addition, deletion, or modification by the transit board; and

ii.

Upon approval of the recommended addition, deletion, or modification by the governing board.

When recommending approval of the transit systems plan, approval of the agency or agencies to be responsible for undertaking transit projects, or approval of a project addition, deletion, or modification, if the transit board renders its recommendation by the unanimous vote of all its members, the governing board may approve the recommendation by an approving vote of a majority of its members. If the transit board renders its recommendation of any of the foregoing with other than a unanimous vote of all its members, the approval of the governing board may occur only by the approving vote of no fewer than two-thirds ( 2/3 ) of all its members.

In its consideration of proposed changes to the project list under paragraphs (1), (2), and (3) of this subsection (c), the oversight board may not withhold its approval of a proposed additional project or a proposed change to a project already on the project list based on the design of the project if the design is not inconsistent with design standards customarily used by the particular jurisdiction.

Upon the approval of an amendment to the project list pursuant to this subsection, or upon the execution by the county and a municipality of a contract identifying with specificity the pedestrian-safety projects to be undertaken by the municipality and paid for with the proceeds of the sales tax, the comptroller shall modify the project list accordingly. For purposes of this subsection (c), the severing and striking of a project from the project list, as contemplated in subsection (b), because of its noncompliance with subsection (a) or ineligibility for funding under F.S.(2002) § 212.005(2), shall not be deemed to be an amendment to the project list.

(Ord. No. 2003-05, § 6, 5-20-03)