HomeMy WebLinkAboutEducational Impact Fees Interlocal 2005 I
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FN 2005155271 05 -04 -2005 10:12 am
INTERLOCAL AGREEMENT )R Book/Page: 54 6 / 5347
BETWEEN
Scott Ellis
BREVARD COUNTY, FLORIDA Clerk Of Courts, Brevard County
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CITY OF CAPE CANAVERAL, FLORIDA
PROVIDING FOR PARTICIPATION IN THE
BREVARD COUNTY EDUCATIONAL FACILITIES IMPACT FEE ORDINANCE
This is an Agreement between: BREVARD COUNTY, FLORIDA, a charter county and
political subdivision of the State of Florida, through its Board of County Commissioners,
hereinafter referred to as "County," and the CITY OF CAPE CANAVERAL, FLORIDA, a body
corporate existing under the laws of the State of Florida, hereinafter referred to as "City".
WHEREAS, the Brevard County school system is a county -wide system that serves all
unincorporated Brevard County and J.1 incorporated municipalities within Brevard County; and
WHEREAS, Brevard County has authorized and received an independently prepared
study that analyzed the fiscal impacts of residential development activity on the public primary
and secondary educational system and calculated the maximum impact fee that could be imposed
on residential development for primary and secondary educational facilities based on currently
available data and analysis; and
WHEREAS, the Board of County Commissioners has adopted Ordinance 04 -34, the
Brevard County Educational Facilities Impact Fee Ordinance, which has been incorporated into
the Code of Ordinances of Brevard County, Florida as Chapter 62, Article V, Division 7,
Sections 62 -921 through 62 -935, hereinafter referred to as "Ordinance"; and
1 WHEREAS, the Ordinance applies to both the incorporated and unincorporated areas of
Brevard County; and
WHEREAS, it is necessary for the County and City to establish and clarify the duties,
responsibilities and obligations of the respective parties in order to effectively administer the
Ordinance.
NOW, THEREFORE, in consideration of the mutual terms and conditions, promises,
covenants and payments hereinafter set forth, County and City agree as follows:
Section 1: Incorporation of Recitals
1.1 The above recitals are true and correct and are incorporated herein by this reference.
Section 2: Purpose
2.1 The purpose of this Agreement is to ensure that the educational facilities impact fees
necessary for the adequate provision of elementary and secondary public educational
facilities in Brevard County, Florida are imposed upon and collected from new residential
development in the City in an equitable and fair manner, and are appropriated and
expended in accordance with the Ordinance and applicable laws.
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Section 3: Obligations of the City
3.1 Impact Fee Notice: The City hereby agrees to notify each applicant for a residential
building permit or permit to setup a mobile or manufactured home, that the applicant
must obtain an educational facilities impact fee proof of payment receipt or a notice of
exemption from educational facilities impact fees from the County for the property for
which the permit is sought.
3.2 Impact Fee Collection: The City hereby agrees to reasonably assist and cooperate with
the County in the collection of educational facilities impact fees within the jurisdiction of
the City. In compliance with the Ordinance, the City agrees to require, as a condition
precedent to the issuance of a certificate of occupancy for a residential dwelling or a
certificate of completion for the installation of a mobile or manufactured home,
presentation of an educational facilities impact fee proof of payment receipt or a notice of
exemption from educational facilities impact fees from the County for the property for
which the certificate of occupancy or certificate of completion will be issued.
3.2.1 Unless an educational facilities impact fee proof of payment receipt or a notice of
exemption from educational facilities impact fees from the County has been
presented by the building permit applicant, the City agrees not to issue a
certificate of occupancy or certificate of completion for any residentially
developed property unless the building permit applicant provides written
documentation from the County evidencing that an appeal has been filed with the
County pursuant to the terms of the Ordinance and the building permit applicant
has posted a bond or submitted an irrevocable letter of credit or other surety in the
amount of the educational facilities impact fee calculated to be due, which bond,
letter of credit, or other surety has been approved and accepted by the County.
3.3 Impact Fee Advisory Committee: In order to facilitate input from Brevard County and
the City with regard to the appropriation of educational facilities impact fees collected
within their respective jurisdictions towards the development of new or expanded public
educational improvement projects, the School Board, during the course of updating the
Tentative District Educational Facilities Plan, has agreed to convene an Impact Fee
Advisory Committee for each Benefit District.
3.3.1 Membership: The City, by this agreement with the County, is entitled to appoint
one representative to the Impact Fee Advisory Committee for each benefit district
in which the lands under its jurisdiction are located. The representative so
appointed must be knowledgeable about residential development activity within
the benefit district, the need for public educational facilities within the benefit
district, and limitations on the use of impact fees. Representatives may include
but are not limited to elected officials, City or County Managers, planners,
engineers, attorneys or concerned citizens residing in the jurisdiction. The
appointment of an individual to the Impact Fee Advisory Committee by a
participating jurisdiction shall be an assurance to all other participating
jurisdictions that the appointee meets the requirements of this paragraph.
3.3.2 Role of Impact Fee Advisory Committee: The role of the Impact Fee Advisory
Committee is to consider the need for and cost of new or expanded public
educational facilities within the benefit district to accommodate projected
increases in student populations anticipated to result from new residential
development as well as projections of impact fee revenues available for
appropriation during the time period covered by the Tentative District Educational
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Facilities Plan in order to make recommendations to the School Board regarding
the use of available impact fees for eligible projects.
3 .3.3 Advisory Committee Recommendations: The recommendations of the Impact Fee
Advisory Committees regarding the appropriation of impact fees toward specific
public educational improvement projects shall not be binding on the School
Board, but the School Board shall regard the Advisory Committee's
recommendations as highly persuasive and accord said recommendations great
weight in their deliberations regarding the adoption of the Tentative District
Educational Facilities Plan.
3.4 Donation of Land and Developer Funded Improvements: In the event that the City
approves a development order for residential construction that requires the developer to
donate land or educational facility improvements to the School Board, the City agrees to
coordinate with the County to ensure that any educational facilities impact fee credit that
is due to the developer is considered in a timely manner.
3.5 Monthly Reports: City agrees to provide to the County by the twenty -first day of each
month, a report identifying the address and date of all residential building permits, mobile
or manufactured home setup permits, residential certificates of occupancy and certificates
of completion for mobile or manufactured home setups for the preceding month.
Section 4: Obligations of the County
4.1 Administration and Enforcement: It is the obligation of the County to administer all
aspects of the ordinance up to the point that the funds are remitted to the School Board
for appropriation to specific improvements and to make every reasonable effort to enforce
the provisions of the Educational Facilities Impact Fee Ordinance, as it has been adopted
and as it may be amended from time to time.
4.2 Remittance of Funds: Upon execution of this Agreement and the appropriation of funds
to eligi'de projects in the Tentative District Educational Facilities Plan by the School
Board, the County shall remit to the School Board all impact fee revenues and accrued
interest that have been collected since the inception of the program less the administrative
fee and any refunds that have been given. Such remittance shall be due twenty -one days
after the end of the month in which notice is received from the School Board concerning
the appropriation of funds to specific projects. Following this initial remittance, future
remittances shall be made as described below.
4.2.1 Monthly remittance: Within twenty -one days after the end of the month, the
County shall remit to the School Board all impact fees and accrued interest
collected during the prior month, less the administration fee and any refunds and
impact fee credits paid during the prior month.
4.2.2 Detail To Be Provided: The County shall provide sufficient detail in the monthly
remittance to allow the School Board to properly deposit funds in the correct
Benefit District Account.
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4.2.3 Administration Fee: The County is entitled to retain up to but not more than two
and one half percent of the amount of educational facilities impact fees collected
for administration of the ordinance. In calculating the amount of the
administrative fee, the County shall include those expenditures that are reasonably
associated with administration of the program. These expenditures may include
but are not limited to, compensation and benefits for personnel involved in the
administration of the ordinance; supplies and expenses related to administration of
the ordinance; costs associated with consulting services for establishment and
periodic updates of the ordinance; and those attorneys fees that may be necessary
for administration and enforcement of the ordinance. The County acknowledges
that it administers other impact fee programs not related to public educational
facilities and pledges to consolidate its administrative efforts in order to cost
effectively administer all impact fee programs. When shared administrative costs
cannot be isolated by specific impact fee program, the County shall prorate those
costs based on amount of revenue collected within each program.
Section 5: Maintenance of Records
5.1 The County shall maintain complete and comprehensive records of all funds collected
within the City and all expenditures of said funds, identified by Benefit District, for a
period of seven years from receipt and expenditure to satisfy the refund provisions of
Section 62 -932 of the Educational Facilities Impact Fee Ordinance.
5.2 The County shall maintain complete and comprehensive records of all exemptions
granted, all incentives awarded, any impact fee credit awarded and any refund given for a
period of seven years from receipt or award.
5.3 The County and the City shall have the reciprocal right to review the records of the other
as to receipt, allocation and expenditure of impact fees. All such inspections shall be
made upon reasonable notice and at a reasonable time and place. Upcn a request to
review or obtain copies of records by one party to the other herew.der, the party
responding to a request for review shall furnish assistance as well as copies of appropriate
records for the project to the requesting party.
Section 6: Indemnification
6.1 The City, to the extent allowed by law, will at all times hereafter indemnify and hold
harmless, County, its officers, agents and employees, against any and all claims, losses,
liabilities, or expenditures of any kind, including court costs and expenses, accruing or
resulting from any or all suits or damages of any kind resulting from injuries or damages
sustained by any person or persons, corporation or property, by virtue of the City's willful
failure to perform any obligation or undertaking of the School Board as set forth in this
Agreement.
Section 7: Entire Agreement
7.1 This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the disbursement matters
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contained herein, and the parties agree that there are no commitments, agreements, or
understandings concerning the subject matter of this Agreement that are not contained in
this document. Accordingly, it is agreed that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements whether oral or written regarding
disbursements unless specifically incorporated into this agreement by writing.
Section 8: Notices
8.1 Whenever either party desires to give notice unto the other, such notice must be in
writing, sent by certified United States mail, return receipt requested, addressed to the
party for whom it is intended, at the place specified, and the place for giving of notice
shall remain such until it shall have been changed by written notice in compliance with
the provisions of this paragraph. The parties designate the following as the respective
places for giving of notice to -wit:
For County: County Manager
Board of County Commissioners
2725 Judge Fran Jamieson Way
Viera, Florida 32940
For City: City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
Section 9: Amendments
9.1 County may amend this Agreement, if required by legislation, to conform to mandates in
state guidelines, directives, and objectives relating to the use of educational facilities
impact fees. Such amendments shall be incorporated by written amendment as a part of
this Agreement and shall be subject to approval of the Board of County Commissioners.
Such amendment will not affect specific activities commenced under this agreement prior
to amendment, which were in compliance at the time of commencement. City shall be
notified pursuant to Section 8.1 and such notification shall constitute an official
amendment. No other modification, amendment or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document executed with
the same formality and of equal dignity herewith.
Section 10: Term of Agreement
10.1 This agreement shall commence on the day that the Educational Facilities Impact Fee
Ordinance becomes effective or on the day that this agreement has been approved and
executed by both parties, whichever is later. This agreement shall remain in effect until it
has been terminated pursuant to Section 11 below.
Section 11: Termination
11.1 In the event that the County repeals the Educational Facilities Impact Fee Ordinance, this
agreement shall remain in effect until all funds collected by the County under the
provisions of the ordinance have been disbursed to the School Board and the School
Board has notified the County that all disbursed funds have been expended on eligible
improvements.
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11.2 In the event that the City initiates activities to adopt an educational facilities impact fee
ordinance that would supersede the Brevard County Educational Facilities Impact Fee
Ordinance within those areas under the jurisdiction of the City, the City shall give the
County notice at least ninety days prior to the effective date of the proposed City
ordinance in order to coordinate with the County regarding the transition to the City
ordinance and termination of this Agreement.
Section 12: Severability
12.1 If this Agreement contains any unlawful provisions not an essential part of this
Agreement and which shall not appear to have a controlling or material inducement to the
making thereof, such provisions shall be deemed of no effect and shall, upon notice by
either party, be deemed stricken from this Agreement without affecting the binding force
of the remainder of the Agreement.
IN WITNESS WHEREOF, this Agreement has been fully execut- -' " of,the
County and City by their duly authorized representatives on the respectiv- G ' s .1 r�- '
Ci
BOARD OF COUNTY COMMISSIONERS OF r ; � 1r =�-',
BREV • 1 s UNTY, FLORIDA AT;. Y ; ' t�
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Ron Pritchard, DPA co 11i4"11�'s
Chairman �s 4 4�
As approved by the Board of County Commissioners
on August 10 ,2004.*
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CITY OFCAPE CANAVERAL, FLORIDA ATTEST.'
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041 ' J , ' A - iJi11► 'i R {6 ' f,• � ' / r• r•.
Rocky Randels,IMayor Sus. t111 �, ty C1 rk •
Date: 2% Cie* , 2004
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:FN 2005155271
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STATE OF FLORIDA
COUNTY OF BREVARD
Page 6 of 7 This is to certify that the foregoing is a
true and current copy of
witness my hand
and official seal this __,,k y of
MaAd 20 .x_
SCOTT ELLIS
Cle , . mutt Court
BY Vin 4 . D.C.
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STATE OF FLORIDA §
County OF BREVARD §
The foregoing instrument was acknowledged before me this 2 6 t h day of April ,
2005 by Ron Pritchard of the Board of County Commissioners of Brevard County,
Florida, who is personally known to me or produced as
identification and who did take an oath.
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STATE OF FLORIDA §
County OF BREVARD §
The foregoing instrument was acknowledged before me this 2 2ND day of 0cT0854 ,
2004 by Rocky Randels, Mayor of the City of Cape Canaveral, who is personally known to me op
-pfeiloscd asielentiftetttion• and who did take an oath.
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