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Home My WebLink AboutVII (D) Resolution No. 2002-08 Authorizing Execution of Interlocal Agreement on School Overcrowding Agenda 6-04-2002 Item VII D RESOLUTION NO. 2002-08 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, AUTHORIZING EXECUTION OF THE INTERLOCAL AGREEMENT ON SCHOOL OVERCROWDING; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Orange County, the School Board of Orange County and the City of Ocoee have determined that providing high-quality public school facilities is necessary to the health, safety, and general welfare of the citizens of Orange County; and WHEREAS, the County, School Board, and City of Ocoee have agreed that consideration of public-school capacity is a legitimate and lawful criterion in the decision of whether to grant comprehensive plan amendments and rezonings; and WHEREAS, the County, School Board, and the City of Ocoee desire to enter into an Interlocal Agreement to work together in good faith on joint planning for growth that will not overcrowd public schools. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION I. Authority. The City Commission of the City of Ocoee has the authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. The Mayor and City Clerk are hereby authorized and directed to execute the Interlocal Agreement regarding School Overcrowding and Land Use Approval between Orange County, Florida, the School Board of Orange County, Florida, and the City of Ocoee, a copy of which is attached hereto and incorporated herein by reference. 006.106966.1 SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 4. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 20 . APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) APPROVED BY THE OCOEE CITY COMMISSION ON THE ABOVE DATE UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 20 . FOLEY & LARDNER By: City Attorney -2- 006.106966.1 ATTACHMENT A ORANGE COUNTY,FLORIDA ORANGE COUNTY SCHOOL BOARD CFPv OF OCOEE, FLORIDA INTERLOCAL AGREEMENT regarding SCHOOL OVERCROWDING AND LAND USE APPROVALS THIS INTERLOCAL AGREEMENT(the"Agreement")is entered into by and between Orange County, Florida, a charter county and a political subdivision of the State of Florida (the "County"), the School Board of Orange County, Florida("School Board") and the City of Ocoee, Florida, a municipal corporation existing under the laws of the State of Florida ("Ocoee"). WHEREAS, section 163.01 of Florida Statutes enables cities, counties and school boards to cooperate with each other and to enter into interlocal agreements; and WHEREAS, the County, the School Board, and Ocoee have determined that providing high-quality public-school facilities is necessary to the health, safety, and general welfare of the citizens of Orange County; and WHEREAS, the County, the School Board, and Ocoee have agreed that consideration of public-school capacity is a legitimate and lawful criterion in the decision of whether to grant comprehensive-plan amendments and rezonings. NOW, THEREFORE, the County, the School Board and Ocoee agree as follows: 1. County's Agreements. The County agrees that, for each request it receives for a rezoning or a comprehensive-plan amendment that, if approved, would increase residential density on the affected property, it will: (i) continue to direct its staff to request from Orange County Public Schools ("OCPS") a report on capacity and enrollment at affected public schools (the"School Capacity Report"), and (ii) continue to direct its staff to recommend denial of such comprehensive-plan amendments and rezoning requests where approval of the amendment or rezoning would result in material overcrowding, or otherwise materially aggravate existing overcrowding, in the affected public schools. 2. Ococe's Agreements. Ocoee agrees that, for each request it receives on and after the effective date of this Agreement, for a rezoning or a comprehensive-plan amendment that, if approved, would increase residential density on the affected property, it will: (i) ascertain from OCPS whether the capacities of the affected public schools are sufficient to handle the expected additional students from the rezoning or comprehensive- plan amendment, if approved, and (ii) direct its staff to make note on the pertinent zoning staff report that school overcrowding, if it would be caused or materially aggravated by the requested rezoning or comprehensive-plan amendment(if approved), is grounds for denial of the request. 3. School Board Response to Requests for Capacity Reports. The School Board agrees to respond timely to any request from the County or Ocoee for a report on capacity and enrollment at affected schools with a School Capacity Report. 4. Agreement to Work in Good Faith on Joint Planning. The School Board, the County and Ocoee agree to work in good faith to resolve any issues of joint planning regarding school capacity, long-range planning, and construction to assure proper and planned coinciding of schools with growth. 5. Disclaimer. Nothing in this Agreement binds or compels the County, the School Board or Ocoee to exercise or to refrain from exercising their respective police powers and other governmental powers in any manner. The County, the School Board and Ocoee retain all their respective governmental prerogatives and discretion, and nothing herein shall cause any impediment thereto. 6. Remedies. The County, the School Board and Ocoee each agree that the remedy for breach of this Agreement by one of the parties shall be limited to the right of a non-breaching party to declare that this Agreement is void and of no further force or effect. 7. Disclaimer of Third-Party Beneficiaries. This Agreement is solely for the benefit of the County, the School Board and Ocoee, and no right or cause of action shall accrue upon or by reason hereof to or for the benefit of any third party, including without limitation any other municipality or county or school district. Nothing in this Agreement is intended or shall be construed to confer upon or give any person, corporation or governmental entity other than the parties hereto any right, remedy or claim under or by reason of this Agreement or any provisions or conditions hereof, and to that end the parties expressly declare that there are no third-party beneficiaries of this Agreement. 8. Effect on Other Agreements. This Agreement shall not be construed or interpreted as amending, modifying, superseding or terminating any other agreements between the County, the School Board and Ocoee. 9. Effective Date. This Agreement shall take effect on the date of approval by the County, on the date of approval by the School Board, or on the date of approval by Ocoee, whichever date is the last. IN WITNESS WHEREOF, the County, the School Board and Ocoee have caused this Agreement to be duly executed by their respective duly authorized representatives on the dates set forth below. ORANGE COUNTY, FLORIDA By: Board of County Commissioners By: Richard T. Crotty Orange County Chairman Date: STATE OF FLORIDA COUNTY OF ORANGE SWORN to and subscribed freely and voluntarily for the purposes therein expressed before me by Richard T. Crotty, Orange County Chairman, known to me to be the person described in and who executed the foregoing, this day of May, 2002. He is personally known to be or has produced as identification and did/did not take an oath. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2002. Notary Public Print Name: My Commission Expires: THE CITY OF OCOEE By: S. Scott Vandergrift, Mayor Date: STATE OF FLORIDA COUNTY OF ORANGE SWORN to and subscribed freely and voluntarily for the purposes therein expressed before me by S. Scott Vandergrift, Mayor of Ocoee, known to me to be the person described in and who executed the foregoing, this day of May, 2002. He/she is personally known to be or has produced as identification and did/did not take an oath. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2002. Notary Public Print Name: My Commission Expires: SCHOOL BOARD OF ORANGE COUNTY, FLORIDA By: Susan Arkin, School Board Chairman Date: STATE OF FLORIDA COUNTY OF ORANGE SWORN to and subscribed freely and voluntarily for the purposes therein expressed before me by , Chairman of the School Board of Orange County, Florida, known to me to be the person described in and who executed the foregoing, this day of May, 2002. She is personally known to be or has produced as identification and did/did not take an oath. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2002. Notary Public Print Name: My Commission Expires: s,PMmmco`AkGCY16chool-Inletlocal-000YEwild(05/14,02) 5