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HomeMy WebLinkAbout2005-169g t Interlocal Agreement Between the County and Town of Indian River Shores Related to Impact Fees t INDIAN RIVER COUNTY, FLORIDA INTERLOCAL AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND THE TOWN OF INDIAN RIVER SHORES , FLORIDA RELATING TO IMPACT FEES THIS AGREEMENT, entered into this 17th day of May , 20059 between Indian River County, Florida, a political subdivision of the State of Florida (the "County") and the Town of Indian River Shores , a body corporate existing under the laws of the State of Florida (the "Town") , provides for the Town to collect Impact Fees for Countywide Capital Facilities from all new development in the Town, 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 glia, 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 Page 1 of 10 April 4, 2005 iiiiiiiii iiiiiiiiii INS III III Interlocal Agreement Between the County and Town of Indian River Shores Related to Impact Fees INDIAN RIVER COUNTY, FLORIDA WHEREAS , corrections , solid waste , County public buildings , libraries , and County roadway facilities are provided solely by the County, within both the Town 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 Town provides necessary Capital Facilities for law enforcement, fire and emergency services , and parks and recreation services within the corporate boundaries of the Town ; 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 Town ; 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 Town 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 Town 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 Town 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 Town and County of administering the impact fee program ; and WHEREAS , the Town 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 Page 2 of 10 April 4, 2005 Interlocal Agreement Between the County and Town of Indian River Shores Related to Impact Fees INDIAN RIVER COUNTY, FLORIDA WHEREAS , the Town and the County agree that all Impact Fees collected by the Town, 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 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 Town 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 Town 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 Town of Indian River Shores and Indian River County is referred to herein as the "Agreement . " Page 3 of 10 April 4, 2005 Interlocal Agreement Between the County and Town of Indian River Shores 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 Town, including public development projects, in an equitable and fair manner; (b) are transferred, upon collection by the Town, to the County for placement in segregated, interest-bearing trust fund accounts ; 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 Town 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 Town and the unincorporated areas of the County, which are not otherwise provided by the Town, 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 , 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 TOWN. (a) The Town will establish a segregated account, into which all Impact Fee funds collected by the Town, 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 . Page 4 of 10 April 4, 2005 Interlocal Agreement Between the County and Town of Indian River Shores Related to Impact Fees INDIAN RIVER COUNTY, FLORIDA (b) The Town will notify each Building Permit applicant that, prior to issuance of a Building Permit , the Town will collect a County Impact Fee for Countywide Capital Facilities pursuant to the terms of the Ordinance and this Agreement . (c) The Town 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 Town 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 Town and County of collecting Impact Fees and administering the impact fee program . The Town 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 Town 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 Town 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 Town 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 Town will refer the Building Permit applicant to the Page 5 of 10 April 4, 2005 Interlocal Agreement Between the County and Town of Indian River Shores Related to Impact Fees INDIAN RIVER COUNTY, FLORIDA County for calculation of the applicable Impact Fee . Once advised in writing by the County of the appropriate Impact Fee , the Town 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 Town 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 Town 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 Town 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 Town 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 Town 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 ; Page 6 of 10 April 4, 2005 Interlocal Agreement Between the County and Town of Indian River Shores Related to Impact Fees INDIAN RIVER COUNTY, FLORIDA (6) the number and amount of any refund requests , by Building Permit Applicant, made by the Town for revoked, expired, or withdrawn Building Permits and the Town 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 Town 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 Town 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 Town Manager and the County Administrator. (d) The County will provide thirty (30) days notice to the Town 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 Town may provide comments and input regarding the proposed amendment . The County ' s notice to the Town 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 Town terminates the interlocal agreement pursuant to subsection 8 (b) . (e) County staff will cooperate with and provide guidance to the Town 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 Town 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 ) (j ) . In addition, the program will allow for the electronic transfer of information between the Town and the County. Page 7 of 10 April 4, 2005 Interlocal Agreement Between the County and Town of Indian River Shores 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 Town, 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 Town 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 Town or the Town ' 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 Town 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 Town 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 Town : Town Clerk, Town of Indian River Shores 6001 North A 1 A Indian River Shores , Florida 32963 - 1014 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 . 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 8 of 10 April 4, 2005 Interlocal Agreement Between the County and Town of Indian River Shores Related to Impact Fees INDIAN RIVER COUNTY, FLORIDA SECTION 11 , FURTHER ASSURANCES . The County and the Town 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 Town 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 Town agreement, this Agreement will be deemed to be controlling . This Agreement is not intended to amend or repeal any existing County or Town 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 Q t 000�c Thomas S . Lowther, Chairperson ATTEST , =JeffrQK : x� Date Clerkb:the Board of Cbu, ty Commissioners •`_ • is boo r'• ' 0090 . . . . ♦ Page 9 of 10 April 4, 2005 Interlocal Agreement Between the County and Town of Indian River Shores Related to Impact Fees INDIAN RIVER COUNTY, FLORIDA REVIEWED AND APPROV D O FORM : 7 / t William G . Collins, County Attorney Date APPROVED this 30th day of June , 2005 . TOWN OF INDIAN RIVER SHORES By: Thomas W . Cadden, Mayor ATTEST , s- Barbara A . Readdy, Town Clerk Date REVIEWED AND APPROVED AS TO FORM : 6 os Chester Cle , Town Attorney Dat F:\Community Development\Users\LONG RANGE\Impact Fee\Interlocal Agreements\April 4, 2005\Town of Indian River Shores. DOC Page 10 of 10 April 4, 2005