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HomeMy WebLinkAbout2005-169f Interlocal Agreement Between the County and School Board Related to Impact Fees INDIAN RIVER COUNTY, FLORIDA INTERLOCAL AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND THE SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA RELATING TO PUBLIC EDUCATION FACILITIES IMPACT FEES THIS AGREEMENT, entered into this 28 day of April 2005 between Indian River County, Florida, a political subdivision of the State of Florida (the "County") , and the School Board of Indian River County, Florida, a body corporate existing under the laws of the State of Florida (the "School Board") , provides for the transfer from the County to the School Board of Public Education Impact Fee funds collected by the County from new development in the County and its municipalities , and for the expenditure of Public Education Facilities Impact Fee funds by the School Board in accordance with County Ordinance . WITNESSETH : WHEREAS , the County proposes to adopt the Indian River County Impact Fee Ordinance (the "Ordinance") , which would impose, inter alia, Public Education Facilities Impact Fees on new development in order to accommodate the fiscal impacts of new development on Public Education Facilities ; and WHEREAS , the Ordinance requires an interlocal agreement between the County and the School Board ; and WHEREAS , the School Board has developed a five- year facility plan, which includes capital projects for Public Education Facilities eligible to be funded, in full or in part, with Public Education Facilities Impact Fee funds and which identifies the Public Education Facilities needed to meet the projected demand for such facilities created by new growth and development throughout the County, including within the incorporated municipalities in the County; 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 share impact fees in order to offset the cost of providing capital facilities , the need for which is generated by new development and the benefits of which will accrue to new development ; and WHEREAS , the County has prepared a Public Education Facilities Impact Fee calculation methodology, which is set forth in a report for Public Education Facilities Impact Fees (the "Methodology Report"), and which ensures that Public Education Facilities Impact Fees comply with applicable legal principles , including, but not limited to , the proportionate share/rational nexus standard as required by impact fee case law ; and WHEREAS , the School Board concurs with the County ' s methodology and calculation of Public Education Facilities Impact Fees imposed by the Ordinance, as set forth and adopted in the Methodology Report, and that the Public Education Facilities Impact Fees imposed by the Ordinance are reasonable and proportionate to the impact of new development on Public Education Facilities ; and WHEREAS , the School Board system is a countywide system that serves the unincorporated County as well as the incorporated municipalities within the County; and Page I of 8 Interlocal Agreement Between the County and School Board Related to Impact Fees INDIAN RIVER COUNTY, FLORIDA WHEREAS , Section 1013 . 36 , Florida Statutes , requires school boards and local governing bodies to coordinate school site planning with the comprehensive plan ; and WHEREAS , Section 1013 . 33 , Florida Statutes , requires the coordination of planning between school boards and local governing bodies to ensure that plans for the construction and opening of public education facilities are facilitated and coordinated in time and place with plans for residential development ; and WHEREAS , the School Board has requested the County Commission to adopt a Public Education Facilities Impact Fee to be paid by new development and to be earmarked for the construction of Public Education Facilities necessitated 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 School Board 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 School Board 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 County and School Board is referred to herein as the "Agreement . " SECTION 3 . PURPOSE . The purpose of this Agreement is to ensure that Public Education Facilities Impact Fees necessary for the adequate provision of Public Education Facilities , once collected by the County and the incorporated municipalities in the County, are properly earmarked and transferred to the School Board for expenditure in accordance with the Ordinance and applicable laws . Page 2 of 8 Interlocal Agreement Between the County and School Board Related to Impact Fees INDIAN RIVER COUNTY, FLORIDA SECTION 4 . DEFINITIONS , For the purposes of this Agreement, the following terms are defined as indicated below : County Administrator means the Indian River County Administrator or the County Administrator ' s designee . 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 Report means a report, and all amendments thereto , approved by the County Commission, prepared in support of the Public Education Facilities Impact Fees established and imposed by the Ordinance . Public Education Facilities means capacity-producing land, buildings , capital improvements ,. and equipment necessary for the School Board ' s provision of public educational services to new development . Public Education Facilities Impact Fee means an impact fee assessed by the County or an incorporated municipality pursuant to the Ordinance and transferred to the School Board to offset in part the costs of providing Public Education Facilities necessary to serve new development within the County and its municipalities . SECTION 5 . RESPONSIBILITIES OF THE SCHOOL BOARD . (a) The School Board will establish a segregated, interest-bearing account, into which all Public Education Facilities Impact Fee funds transferred by the County, pursuant to this Agreement, will be maintained until such time as they are expended on Public Education Facilities consistent with the Ordinance and the terms of this Agreement . (b) The School Board will expend Public Education Facilities Impact Fee funds for the acquisition or expansion of only those Public Education Facilities that result in a substantial benefit to new development that has paid the Public Education Facilities Impact Fee as provided for in the Ordinance and by law . (c) The School Board will , upon request by the County, return all Public Education Facilities Impact Fee funds , including accrued interest, to the County that are not appropriated or expended within the timeframes set forth in the Ordinance . (d) The School Board will maintain complete and comprehensive records of all Public Education Facilities Impact Fee funds received from the County and the Public Education Facilities on which the School Board expends the funds . (e) The School Board will , by October 1st of each year, present to the County Administrator the most recently adopted five-year facility plan, which will indicate the specific Public Education Facilities on which the School Board proposes to expend Public Education Facilities Impact Fee funds , in full or in part, over the subsequent five year period, beginning on the first day of the coming fiscal year. With respect to each proposed Public Education Facility, the School Board will specify in the five-year facility plan or in attached documentation : Page 3 of 8 Interlocal Agreement Between the County and School Board Related to Impact Fees INDIAN RIVER COUNTY, FLORIDA ( 1 ) the cost and manner of financing ; (2) the location ; (3 ) the area and student population to be served ; (4) other sources of financing to be used ; and (5 ) any other information deemed relevant to the County ' s determination of the proposed expenditure ' s compliance with the Ordinance and applicable law . (f) The School Board will , by October I st of each year, present to the County Administrator a list of all expenditures or encumbrances of Public Education Facilities Impact Fee funds during the previous calendar year. The list will describe the nature of the Public Education Facility upon which funds were expended or encumbered and the amount . (g) The School Board will appoint staff to oversee the School Board ' s compliance with the terms of the Ordinance and this Agreement, including, as appropriate, participation in conferences with County staff and developers to ensure compliance with the terms of the Ordinance, including credit applications , refunds for failure to expend Public Education Facilities Impact Fee funds within required timeframes , independent fee calculation studies , appeals , and all other provisions of the Ordinance . (h) Within thirty (30) days of receipt of the monthly report submitted by the County, as described in subsection 6(f) of this Agreement, the School Board will reimburse the County for any refunds the County gives an applicant for revoked, expired, or withdrawn building permits , pursuant to the terms of the Ordinance . SECTION 6. RESPONSIBILITIES OF THE COUNTY. (a) The County will maintain all Public Education Facilities Impact Fee funds , including an administrative charge equal to three percent (3 %) of the total Impact Fees due for each application, collected by the County or a municipality in a segregated, account, earmarked solely for Public Education Facilities Impact Fees collected pursuant to the Ordinance . (b) The County will review all applications for Public Education Facilities Impact Fee credits , refunds for failure to expend funds within the timeframes set forth in the Ordinance, independent fee calculation studies , exemptions , and appeals and, in accordance with the provisions of the Ordinance , will coordinate with the School Board on any such application . (c) Within thirty (30) days of receiving the five- year facility plan, as described in subsection 5 (e) of this Agreement, the County Administrator or his designee will review the expenditures of Public Education Facilities Impact Fee funds proposed by the School Board and will issue an opinion as to whether the proposed expenditures are consistent with the Ordinance and applicable law . If the County Administrator or his designee determines that an expenditure of Public Education Facilities Impact Fee funds proposed by the School Board is inconsistent with the Ordinance or applicable law, the County Administrator or his designee will coordinate with the designated staff of the School Board to resolve the inconsistency. Page 4 of 8 Interlocal Agreement Between the County and School Board Related to Impact Fees INDIAN RIVER COUNTY, FLORIDA (d) The County may recommend Public Education Facilities necessitated by new development for inclusion in the five- year facility plan, which facilities are consistent with the County ' s Comprehensive Plan . (e) By the twentieth working day of each month, following the County Administrator ' s annual determination that the expenditures of Public Education Facilities Impact Fee funds proposed by the School Board are consistent with the Ordinance and applicable law, the County will transfer to the School Board all Public Education Facilities Impact Fee funds collected in the preceding calendar month . The County will retain all administrative charges assessed . ( f) At the time of each monthly transfer, the County will provide a report to the School Board indicating : ( 1 ) the number and general location of residential building permits issued by type of unit ; (2) the amount of Public Education Facilities Impact Fees collected by residential unit type ; (3 ) the number and amount of any refunds made by the County for revoked , expired, or withdrawn building permits ; and (4) any other information agreed to by the parties to be necessary for the proper accounting and expenditure of Public Education Facilities Impact Fee funds . (g) Upon the return of Public Education Facilities Impact Fee funds by the School Board for failure to appropriate or expend such funds within the required timeframes set forth in the Ordinance, the County will refund such fees to the fee payor or property owner pursuant to the provisions of the Ordinance . (h) The County will provide thirty (30) days notice to the School Board prior to any amendment to the Ordinance, including any change to the amount of the Public Education Facilities Impact Fee . During this period, the School Board may provide comments and input regarding the proposed amendment . The County ' s notice to the School Board 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 Fee assessed for School Facilities , shall be binding and shall not affect the obligations or duties imposed by this Agreement upon the parties , unless , the School Board terminates the interlocal agreement pursuant to subsection 8 (b) . The County will cooperate with the School District at the end of the first year of the Ordinance to recalculate the public education's facility impact fee . (i) County staff will cooperate with and provide guidance to the School Board in the administration of the Ordinance , the expenditure of Public Education Facilities Impact Fee funds , and the development of the School Board ' s five- year facility plan , consistent with the Ordinance , applicable laws , and the terms of this Agreement . SECTION 7. INDEMNIFICATION. To the extent allowed by law, without waiving sovereign immunity, the School Board will indemnify, defend, and hold harmless the County and its officers , agents , and employees from and against all liability, claims , suits , costs , and attorney fees in any manner resulting Page 5 of 8 Interlocal Agreement Between the County and School Board Related to Impact Fees INDIAN RIVER COUNTY, FLORIDA from, arising out of, or in any way connected with the calculation, assessment, collection, expenditure , or other matter related to the Public Education Facilities Impact Fee or the Ordinance as it relates to the Public Education Facilities Impact Fee , unless caused by the sole negligence, or the willful , reckless, or illegal conduct of the County or its 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 County or School Board upon ninety (90) days notice to the other party. In the event of termination, the County will remit to the School Board all Public Education Facilities Impact Fee funds collected prior to the termination date . The School Board will expend such funds only in accordance with the provisions of 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 County: County Administrator, Indian River County 1840 25th Street Vero Beach, Florida 32960 If to the School Board : Superintendent, Indian River County School District 1990 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 . 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 . Page 6 of 8 Interlocal Agreement Between the County and School Board Related to Impact Fees INDIAN RIVER COUNTY, FLORIDA SECTION 11 . FURTHER ASSURANCES . The County and School Board 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 School Board 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 agreement between the County and School Board, this Agreement will be deemed to be controlling . This Agreement is not intended to amend or repeal any existing County 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 17thday of May 2005 . ' - , ;r INDIAN RIV A COUNTY 'BOARD OF COUNTY COMMISSIONERS By: 11 Flo Thomas S . Lowther, Chairperson ATTEST , MAY 1 8 2005 Jeffrey K. Barton Date Clerk to the Board of County Commissioners Page 7 of 8 Interlocal Agreement Between the County and School Board Related to Impact Fees INDIAN RIVER COUNTY, FLORIDA REVIEWED AND APPROVED AS TO FORM : U6 FA �ZO &0D 5 �. William G. Collins , County Attorney Date APPROVED this 26th day of Aril 2005 , SCHOOL BOARD OF INDIAN RIVER COUNTY B ' Y� William D . Hughes, Chairm a $ GS MI Date Sig ed Page 8 of 8 April 28, 2005