HomeMy WebLinkAbout2005-169b Interlocal Agreement Between the County and City of Sebastian Related to Impact Fees
INDIAN RIVER COUNTY, FLORIDA
INTERLOCAL AGREEMENT BETWEEN INDIAN
RIVER COUNTY, FLORIDA
AND THE CITY OF SEBASTIAN, FLORIDA
RELATING TO IMPACT FEES
THIS AGREEMENT, entered into this 17th day of May , 20053
between Indian River County, Florida, a political subdivision of the State of Florida
(the "County") and the City of Sebastian, a body corporate existing under the laws of
the State of Florida (the "City") , provides for the City to collect Impact Fees for
Countywide Capital Facilities from all new development in the City, and to transfer
said Impact Fees to the County for deposit into appropriate, segregated, interest-
bearing County Impact Fee trust fund accounts for appropriation and expenditure only
in accordance with Ordinance .
WITNESSETH :
WHEREAS, the County proposes to adopt the Indian River County Impact
Fee Ordinance (the "Ordinance ") which would impose Countywide Impact Fees
("Impact Fees ") on new development in order to accommodate the fiscal impacts of
new development on Capital Facilities ; and
WHEREAS , the County has developed a Capital Improvements Element
(CIE) of the Indian River County Comprehensive Plan, which includes capital projects
for the Capital Facilities to be funded, in full or in part , with Impact Fee funds
collected, and transferred to the County by wire transfer, pursuant to the Ordinance ,
and which identifies the specific system improvements needed to meet the projected
demand for Capital Facilities from anticipated new growth and development
Countywide ; and
WHEREAS , the School Board of Indian River County (the "School Board")
has developed a five- year facility plan, which includes capital projects for public
education facilities to be funded in part with Impact Fee funds collected pursuant to
the Ordinance , and which identifies the specific education facilities improvements
needed to meet the projected demand for public education facilities generated by new
growth and development Countywide ; and
WHEREAS , the County is authorized , pursuant to the powers conferred upon
it through, inter alia, Article VIII of the Florida Constitution and Chapters 125 and
163 , Florida Statutes , to adopt proportionate Countywide Impact Fees in order to
offset the cost of providing Countywide Capital Facilities, the need for which is
generated by new development and the benefits of which will accrue to new
development within incorporated and unincorporated areas of the County; and
WHEREAS, the County has prepared an Impact Fee calculation methodology,
which is set forth in methodology reports for each Capital Facility (the "Methodology
Reports") for which Impact Fees will be collected, which ensures that the Impact Fees
comply with all legal standards , including, but not limited to , proportionate
share/rational nexus principles as required by impact fee case law ; and
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April 4, 2005
Interlocal Agreement Between the County and City of Sebastian Related to Impact Fees
INDIAN RIVER COUNTY, FLORIDA
WHEREAS , corrections , solid waste, County public buildings , libraries , fire
and emergency services and County roadway facilities are provided solely by the
County, within both the City and the unincorporated areas of the County, and,
therefore, Impact Fees imposed on new development pursuant to the Ordinance and
this Agreement comply with the proportionate share/rational nexus requirement ; and
WHEREAS , public education services and facilities are provided solely by the
School Board, within both the incorporated and unincorporated areas of the County,
and, therefore, Impact Fees for public education facilities imposed on new
development pursuant to the Ordinance and this Agreement comply with the
proportionate share/rational nexus requirement ; and
WHEREAS , the County will enter into an interlocal agreement with the
School Board to facilitate the transfer of Public Education Facilities Impact Fee funds
to the School Board for expenditure in accordance with Ordinance which requires that
Impact Fee funds be spent to the reasonable benefit of those paying the fees , including
new development within the incorporated municipalities of Indian River County; and
WHEREAS , the City provides necessary Capital Facilities for law
enforcement and parks and recreation services within the corporate boundaries of the
City; and
WHEREAS , in order to meet the proportionate share/rational nexus
requirement, Impact Fees for Countywide Capital Facilities must be imposed,
calculated, and collected uniformly throughout the County, including as may be
applicable , within the City; and
WHEREAS , new growth and development should pay a proportionate share
of the cost of the new Capital Facilities needed to serve such growth and development,
as specified in the adopted Capital Improvement Element (CIE) , at adopted level of
service (LOS ) standards ; and
WHEREAS, the parties agree that the purpose of this Interlocal Agreement is
to permit the City to cooperate with and assist the County in collecting Impact Fees for
Countywide Capital Facilities and to ensure that such facilities are available and
adequate to maintain adopted LOS standards ; and
WHEREAS, the City concurs with the County ' s methodology for the
calculation of the Impact Fees imposed by the Ordinance and as set forth and adopted
in the Methodology Reports, and that the Impact Fees imposed by the Ordinance are
reasonable and proportionate to the impact of new development on Capital Facilities ;
and
WHEREAS , in addition to the Impact Fees required by the Ordinance , the
City will assess against each building permit application an administrative charge
equal to three percent (3 %) of the fees due in order to offset the costs to the City and
County of administering the impact fee program ; and
WHEREAS , the City will retain an amount equal to two percent (2 %) of the
fees and will transmit an amount equal to one percent ( 1 %) to the County to offset
administrative costs ; and
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April 4, 2005
Interlocal Agreement Between the County and City of Sebastian Related to Impact Fees
INDIAN RIVER COUNTY, FLORIDA
WHEREAS, the City and the County agree that all Impact Fees collected by
the City, plus the County ' s portion of the administrative charge, will be transferred to
the County and that Impact Fee revenues will be spent for the purpose of funding
Countywide Capital Facilities to meet the demands resulting from projected new
development Countywide ; and
WHEREAS , this Agreement is not intended to and does not alter or change
the responsibilities of each of the parties hereto , nor does it relieve any party of any
function, duty, or obligation otherwise imposed by law, including, but not limited to ,
decisions relating to zoning, subdivision, land use , development approval, densities ,
and design of proposed development projects or any other aspects of development
other than the need for Countywide Capital Facilities provided by the County and
School Board to serve the demand for such facilities generated by new development ;
and
WHEREAS , Chapter 125 , Florida Statutes , County Government, subsection
125 . 01 ( 1 ) (p) , authorizes counties to enter into agreements with other governmental
agencies ; and
WHEREAS , Chapter 163 , Florida Statutes , Intergovernmental Programs, Part
1, Miscellaneous Programs , Section 163 . 01 , the "Florida Interlocal Cooperation Act of
1969 , " subsection 163 . 01 (4) , provides that public agencies of the State of Florida may
exercise jointly with any other public agency of the State of Florida any power,
privilege, or authority which such agencies share in common, and which each might
exercise separately; and
WHEREAS, Chapter 163 , Florida Statutes , Intergovernmental Programs , Part
1, Miscellaneous Programs , Section 163 . 01 , the "Florida Interlocal Cooperation Act of
1969 , " subsection 163 . 01 (5 ) , provides that a joint exercise of power by such public
agencies may be made by contract in the form of an interlocal agreement ; and
WHEREAS, the County and the City are "public agencies" within the
meaning of Chapter 163 , Florida Statutes , Intergovernmental Programs, Part I, Section
163 . 01 , the "Florida Interlocal Cooperation Act of 1969 . "
NOW, THEREFORE , in consideration of the mutual undertakings and
agreements herein contained and assumed, and other good and valuable consideration,
the receipt and sufficiency of which are acknowledged by the parties , the County and
City agree as follows :
SECTION 1 . RECITALS INCORPORATED .
The above recitals are true and correct and are incorporated herein .
SECTION 2 . TITLE .
This Interlocal Agreement between the City of Sebastian and Indian River
County is referred to herein as the "Agreement . "
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April 4, 2005
Interlocal Agreement Between the County and City of Sebastian Related to Impact Fees
INDIAN RIVER COUNTY, FLORIDA
SECTION 3 . PURPOSE .
The purpose of this Agreement is to ensure that Impact Fees necessary for the
adequate provision of Countywide Capital Facilities (a) are imposed upon, and
collected from , new development in the City, including public development projects ,
in an equitable and fair manner; (b) are transferred, upon collection by the City, to the
County for placement in segregated, interest-bearing trust fund account ; and (c) are
appropriated and expended in accordance with the Ordinance and applicable laws .
SECTION 4 . DEFINITIONS .
For the purposes of this Agreement, the following terms are defined as indicated
below :
Building Permit means a permit issued by the City that authorizes the
commencement of a development activity that results in the creation of new floor area
or one or more new dwelling units, including an expansion to a single- family
residence that results in an increase in square footage under air from a lower size
category to a higher size category, as provided in the County ' s impact fee schedule,
and thereby generates a demand for Countywide Capital Facilities .
Capital Facilities means capacity-producing land, buildings , improvements ,
and equipment with at least a 5 year life expectancy, necessary for the provision of
public services to new development .
Countywide means related to or applicable to areas within the incorporated
and unincorporated areas of Indian River County.
Countywide Capital Facilities means those Capital Facilities that are
provided throughout the City and the unincorporated areas of the County, which are
not otherwise provided by the City, and for which the County imposes Impact Fees
Countywide . "Countywide Capital Facilities" include, but are not limited to , Capital
Facilities related to corrections , solid waste, County public buildings , libraries , fire
and emergency services , public education and County roadway improvements .
Impact Fee means a fee assessed pursuant to the Ordinance and collected and
transmitted pursuant to this Agreement to offset the costs of providing Countywide
Capital Facilities necessary to serve new development within the County.
Indian River County Impact Fee Ordinance means the Ordinance, approved
by the County Commission in May of 2005 , including all amendments thereto
subsequently adopted in the manner prescribed in this Agreement .
Methodology Reports means the reports , and all amendments thereto , adopted
by the County Commission, prepared in support of the proportionate Impact Fees
established and imposed by the Ordinance .
SECTION 5 . RESPONSIBILITIES OF THE CITY.
(a) The City will establish a segregated account, into which all Impact Fee
funds collected by the City, pursuant to this Agreement, will be maintained until such
time as they are transferred to the County consistent with the Ordinance and the terms
of this Agreement .
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April 4, 2005
Interlocal Agreement Between the County and City of Sebastian Related to Impact Fees
INDIAN RIVER COUNTY, FLORIDA
(b) The City will notify each Building Permit applicant that, prior to
issuance of a Building Permit, the City will collect a County Impact Fee for
Countywide Capital Facilities pursuant to the terms of the Ordinance and this
Agreement .
(c) The City will calculate and collect Impact Fees for Countywide Capital
Facilities based on the fees established by the countywide impact fee ordinance .
(d) In addition to the Impact Fees, the City will assess an administrative
charge equal to three percent (3 %) of the total Impact Fees due for each application to
offset the costs to the City and County of collecting Impact Fees and administering the
impact fee program . The City will retain an amount equal to two percent (2 %) of the
total Impact Fees due and, on a monthly basis , will transmit an amount equal to one
percent ( 1 %) of the Impact Fees to the County for administrative costs .
( 1 ) The City will earmark its portion of the administrative charge and limit
its use to the costs of administering the Impact Fee program including,
but not limited to , salaries and other costs associated with
administering, calculating, collecting, and accounting for Impact Fee
revenues and other coordination with the County as provided herein ;
and
(2 ) The County and City will monitor administrative costs on an annual
basis and adjust the percentage being charged for administrative costs
as necessary based on actual annual costs .
(e) The City will not issue any Building Permit for which an Impact Fee is
due pursuant to the Ordinance and this Agreement until the Building Permit applicant
has paid the Impact Fee in full , unless the Building Permit applicant provides written
documentation from the County evidencing that :
( 1 ) an appeal has been filed with the County, pursuant to the terms of the
Ordinance, and that the Building Permit applicant has paid the portion
of the Impact Fees not in dispute and submitted cash or an irrevocable
letter of credit in an amount equal to the portion of the Impact Fee in
dispute, which cash deposit or letter of credit has been approved by the
County;
(2) the applicant, acknowledged by the County, is due a credit against the
Impact Fee imposed by the Ordinance, in full or in part, which results
in an Impact Fee amount different from that set forth in the Ordinance ;
(3 ) the applicant is otherwise exempt from or not subject to the terms of the
Ordinance ; or
(4) an independent fee calculation study has been performed and approved
by the County, which results in an Impact Fee amount different than
that set forth in the Ordinance .
(f) For land uses not listed in the Ordinance or the County ' s impact fee
administrative manuals , the City will refer the Building Permit applicant to the County
for calculation of the applicable Impact Fee . Once advised in writing by the County of
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April 4, 2005
Interlocal Agreement Between the County and City of Sebastian Related to Impact Fees
INDIAN RIPER COUNTY, FLORIDA
the appropriate Impact Fee, the City will collect the Impact Fee according to the
provisions of this Agreement .
(g) Any dispute by a Building Permit applicant as to the amount or
applicability of the Impact Fee will be resolved between the applicant and the County.
The City will direct Building Permit applicants to the County in the event the
applicant :
( 1 ) claims an Impact Fee credit in lieu of payment of the Impact Fee
required by the Ordinance ;
(2) wishes to appeal the assessment, collection, or expenditure of Impact
Fees ;
(3 ) seeks the refund of an Impact Fee paid for failure to expend Impact Fee
funds within the timeframes set forth in the Ordinance ; or
(4) claims that the land use proposed does not generate the impacts
assumed by the County as reflected in the Impact Fees explicitly
imposed by the Ordinance .
(h) The City will accept and review all applications for refund of Impact
Fees for Building Permits revoked, expired, or withdrawn and, where a refund is
appropriate, will send a letter to the County requesting the County to refund Impact
Fees to the Building Permit applicant . Administrative charges provided for in
subsection 5 (d) above will not be refunded, unless so directed by the City Manager
and the County Administrator. The letter will include the name and address of the
property owner and applicant, the address of the subject property, and the amount of
Impact Fees paid, by facility type .
(i) By the tenth working day of each month, the City will wire transfer to
the County all Impact Fee funds , including the County' s portion of the administrative
charges , collected in the preceding calendar month .
0 ) At the time of each monthly wire transfer, the City will provide a report
to the County indicating for each Countywide Capital Facility:
( 1 ) the number of building permits issued by land use category, including,
as appropriate , the number of residential units by type and the amount
of nonresidential floor area by land use ;
(2 ) the date of Building Permit issuance and Impact Fee payment ;
(3 ) the name and address of the Building Permit applicant and property
owner;
(4) the address of the property, the Building Permit number for each
Building Permit application, and the amount of the Impact Fees paid
for each application ;
( 5 ) the amount of Impact Fees collected by Capital Facility type and by
type of land use ;
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April 4, 2005
Interlocal Agreement Between the County and City of Sebastian Related to Impact Fees
INDIAN RIVER COUNTY, FLORIDA
(6) the number and amount of any refund requests , by Building Permit
Applicant, made by the City for revoked, expired, or withdrawn
Building Permits and the City will identify the name and address of the
property owner and applicant, the address of the subject property, and
the amount of Impact Fees paid, by facility type, for each refund
request ; and
(7) any other information agreed to by the parties to be necessary for the
proper accounting and expenditure of Impact Fee funds .
SECTION 6. RESPONSIBILITIES OF THE COUNTY.
(a) The County will receive Impact Fee funds from the City and will place
such funds in segregated Impact Fee accounts , by Countywide Capital Facility, as
provided for in the Ordinance . The County will appropriate and expend Impact Fee
funds only in accordance with the Ordinance and applicable law .
(b) The County will review all applications for credits , refunds for failure
to expend funds within the timeframes set forth in the Ordinance, independent fee
calculation studies , exemptions , and appeals .
(c) Based on the refund requests submitted by the City described in
subsection 5 (h) of this Agreement, the County will refund Impact Fees to the Building
Permit Applicant for revoked, expired, or withdrawn building permits, pursuant to the
terms of the Ordinance . Administrative charges provided for in subsection 5 (d) above
will not be refunded, unless so directed by the City Manager and the County
Administrator.
(d) The County will provide thirty (30) days notice to the City prior to any
amendment to the Ordinance, including any change to the amount of an Impact Fee
imposed on a particular Countywide Capital Facility. During this period, the City may
provide comments and input regarding the proposed amendment . The County ' s notice
to the City will describe the nature of the proposed amendment and will include any
staff reports or Methodology Reports prepared in support of the amendment .
Amendments to the Ordinance that are made subsequent to the execution of this
Agreement, including changes to the amount of the Impact Fees assessed for
Countywide Capital Facilities , shall be binding and shall not affect the obligations or
duties imposed by this Agreement upon the parties , unless the City terminates the
interlocal agreement pursuant to subsection 8 (b) .
(e) County staff will cooperate with and provide guidance to the City in the
assessment and collection of Impact Fees , implementation of the Ordinance, and
compliance with the terms of this Agreement .
(f) The County will provide the City with a computer program that will
account for Impact Fees collected . The program will include all of the categories of
Impact Fees and will allow for the keeping of all the records required for the County
in subsection ( 5 ) 0 ) . In addition, the program will allow for the electronic transfer of
information between the City and the County.
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April 4, 2005
Interlocal Agreement Between the County and City of Sebastian Related to Impact Fees
INDIAN RIVER COUNTY, FLORIDA
SECTION 7. INDEMNIFICATION.
To the extent allowed by law , the County will indemnify, defend, and hold
harmless the City, its officers , agents , and employees from and against all liability,
claims , suits , costs , and attorney fees in any manner resulting from or arising out of
fees collected by the City and transmitted to the County under the terms of this
Agreement and the Ordinance , unless caused by the negligence or the reckless , willful ,
or illegal misconduct of the City or the City ' s officers , agents , or employees .
SECTION 8 . DURATION, TERMINATION, AND MODIFICATION.
(a) This Agreement will remain in full force and effect unless terminated
by the parties pursuant to the procedure set forth in subsection 8 (b) .
(b) This Agreement may be terminated by the City or County upon ninety
(90) days notice to the other party; however, termination of this Agreement does not
relieve the obligation of any person undertaking development within the City or
County that creates a demand for Countywide Capital Facilities from payment of
Impact Fees imposed under the Ordinance .
(c) This Agreement may be modified at any time by the mutual consent of
the parties and in the same manner as its original adoption .
SECTION 9 . NOTICE .
(a) Unless specified by a party in writing otherwise, all notices, demands ,
or other papers required to be given or made by this Agreement , or which may be
given or made, by either party to the other, will be given or made in writing and
addressed as follows :
If to the City:
City Clerk, City of Sebastian
1225 Main Street
Sebastian, FL 32958 -4165
If to the County:
County Administrator, Indian River County
1840 25th Street
Vero Beach, Florida 32960
(b) The parties will consider notice to be properly given if ( 1 )
personally delivered ; (2 ) sent by certified U. S . Mail , return receipt requested ; or (3 )
sent by an overnight letter delivery company.
(c) The parties will consider the effective date of notice to be the date
personally delivered ; or, if sent by U . S . Mail , the date of postmark ; or, if sent by an
overnight letter delivery company, the date the notice was picked up by the overnight
letter delivery company from the party giving notice .
Page 8 of 10
April 4. 2005
Interlocal Agreement Between the County and City of Sebastian Related to Impact Fees
INDIAN RIVER COUNTY, FLORIDA
SECTION 10 . GOVERNING LAW,
This Agreement, and its interpretation and performance , shall be governed and
construed by the applicable laws of the State of Florida.
SECTION 11 . FURTHER ASSURANCES .
The County and the City will perform the provisions of this Agreement in
good faith and will take no actions in conflict with the terms or intent of this
Agreement . The County and City in good faith will take all actions necessary to
implement the terms and purpose of this Agreement .
SECTION 12 . CONFLICT.
To the extent of any conflict between this Agreement and any existing County
or City agreement, this Agreement will be deemed to be controlling. This Agreement
is not intended to amend or repeal any existing County or City ordinance .
SECTION 13 . SEVERABILITY.
If any section, subsection, sentence, clause, phrase or portion of this
Agreement is , for any reason, held invalid or unconstitutional by any court of
competent jurisdiction, such section, subsection, sentence, clause, phrase, or portion
shall be deemed a separate , distinct , and independent provision and such holding shall
not affect the validity of the remaining portions of this Agreement .
SECTION 14 , EFFECTIVE DATE .
This Agreement will become effective upon its filing with the Clerk of the
Circuit Court of Indian River County, Florida, as required by Section 163 . 01 ( 11 ) ,
Florida Statutes .
APPROVED this 17th day of May , 2005 .
INDIAN RIVER COUNTY BOARD
OF COUNTY COMMISSIONERS
By.
„ • Thomas S . Lowther, Chairperson
i le f
ATTES ,
T {
C;
• / - OS'
Jeffrey K. Baort • • •: . . . . • a . Date
Clerk to the Boa;3 ( 88 ` y Commissioners
Page 9 of 10
April 4, 2005
Interlocal Agreement Between the County and City of Sebastian Related to Impact Fees
INDIAN RIVER COUNTY, FLORIDA
REVIEWED AND APPROVED AS TO FORM :
William G . Collins , County Attorney Date
.9 'r.
APPROVED this 17th day of May , 2005 .
CITY OF SEBASTIAN
By:
Nathan McCollum , Mayor
AT ' S��
terS
512:! 13'J�
Sally Maio , Ity Clerk Date
REVIEWED N PROVED AS TO FORM ,
Richard Stringer, City A orney Date
F :\Community Development\Users\LONG RANGE\Impact FeeUnterlocal Agreements\April 4 , 2005\City of Sebastian . DOC
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