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HomeMy WebLinkAbout2005-169c ostin tc5 Interlocal Agreement Between the County and City of Vero Beach Related to Impact Fees 9 - Al . INDIAN RIVER COUNTY, FLORIDA INTERLOCAL AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND THE CITY OF VERO BEACH, FLORIDA RELATING TO IMPACT FEES (LL THIS AGREEMENT, entered into this — day of (MV , 2005 , between Indian River County, Florida, a political subdivision of the State of Florida (the "County") and the City of Vero Beach, a body corporate existing under the laws of the State of Florida (the "City") , provides for the County to collect Impact Fees for Countywide Capital Facilities from all new development in the City, and to expend said Impact Fees 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 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 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, Pagel of 8 April 4, 2005 Interlocal Agreement Between the County and City of Vero Beach Related to Impact Fees INDIAN RIVER COUNTY, FLORIDA 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 , on the City ' s behalf, the County issues building permits to applicants proposing development within the City; and WHEREAS , the parties agree that the purpose of this Interlocal Agreement is to facilitate the County ' s collection of Impact Fees from new development within the City in order to offset new development ' s impact on 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 County will assess against each building permit application for new development within the City an administrative charge equal to three percent ( 3 %) of the fees due in order to offset the costs to the County of administering the impact fee program ; 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 , Page 2 of 8 April 4, 2005 Interlocal Agreement Between the County and City of Vero Beach Related to Impact Fees INDIAN RIVER COUNTY, FLORIDA 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 I , 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 I, 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 1, 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 Vero Beach and Indian River County is referred to herein as the "Agreement . " 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 placed, upon collection by the County, in segregated, interest-bearing trust fund accounts ; and (c) are expended and encumbered 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 : Page 3 of 8 April 4, 2005 Interlocal Agreement Between the County and City of Vero Beach Related to Impact Fees INDIAN RIVER COUNTY, FLORIDA Building Permit means a permit issued by the County on the City ' s behalf 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, or new floor area 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 spent pursuant to this Agreement to offset the costs of providing Countywide Capital Facilities necessary to serve new development within the City and 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 acknowledges that , prior to issuance of a Building Permit by the County for projects proposed within the City, that the County will collect Impact Fees for Countywide Capital Facilities pursuant to the terms of the Ordinance and this Agreement, including a three percent (3 %) administrative charge to offset the costs to the County of collecting Impact Fees and administering the impact fee program . (b) The City will appoint staff to coordinate with County officials, including, as appropriate, participation in conferences with County staff and developers to ensure compliance with the terms of the Ordinance, including applications for land uses not listed on the fee schedule, credit applications, refunds , independent fee calculation studies, appeals, and all other provisions of the Ordinance . (c) 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 City developers to the County in the event the developer : Page 4 of 8 April 4, 2005 Interlocal Agreement Between the County and City of Vero Beach Related to Impact Fees INDIAN RIVER COUNTY, FLORIDA ( 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 ; 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 . SECTION 6 . RESPONSIBILITIES OF THE COUNTY. (a) Prior to the issuance of a building permit for development proposed within the City, the County will calculate and collect Impact Fees for Countywide Capital Facilities based on the fees established by the countywide impact fee ordinance . (b) In addition to the Impact Fees , the County 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 County of collecting Impact Fees and administering the impact fee program . (c) The County will place all Impact Fee 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 . (d) The County will review all applications for credits , refunds , independent fee calculation studies , exemptions , and appeals . 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 6(b) above will not be refunded, unless so directed by the County Administrator. (e) 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) . (f) County staff will cooperate with the City in the administration of the impact fee program and compliance with the terms of this Agreement . Page 5 of 8 April 4, 2005 Interlocal Agreement Between the County and City of Vero Beach 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 and spent by 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 Vero Beach 1053 20th Place Vero Beach, Florida 32960- 5359 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 6 of 8 April 4, 2005 Interlocal Agreement Between the County and City of Vero Beach 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 ATTEST • P � Jeffrey K, . , Date Clerk to rt. i of County,Commissioners Page 7 of 8 April 4, 2005 Interlocal Agreement Between the County and City of Vero Beach Related to Impact Fees INDIAN RIVER COUNTY, FLORIDA REVIEWED AN APP VED TO FORM , I$ William G . Collins , County Attorney Date APPROVED this day of AA 52005 , CITY OF VERO BEACH c By: Db.ry Bette McDonald Mayor ATTEST : Tammy Vock, y Clerk Date `- REVIEWED AND APPROVED AS TO FORM : Charles Vitunac , City Attorney Date P Community Development\Users\LONG RANGE\Impact Fee\Interlocal Agreements\April 4, 2005\City of Vero Beach. DOC Page 8 of 8 April 4, 2005