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HomeMy WebLinkAboutItem #10 Approval of Interlocal Agreement with Orange County School Board Regarding Collection of Impact Fees Meeting Date: April 21,2009 Item # 10 Contact Name: Contact Number: Craig Shadrix (407) 905-3157 Reviewed By: Department Director: City Manager: Subject: Interlocal Agreement between Orange County Public Schools and the City of Ocoee establishing practices for collection of School Impact Fees Background Summary: The School Impact Fee Ordinance, which became effective on January 28, 2008 provided for an automatic increase each year on the anniversary of its effective date. Effective January 28, 2009, this automatic increase resulted in a 5% increase in the current rates, which the City has been assessing since that time. The new school impact fees that became effective on January 28th are as follows: Single Family Detached: Multifamily: Mobile Home: $12,420 $ 6,979 $ 6,661 In addition to the increase in impact fees, the Florida Impact Fee Act Section 163.31801 (3)(c) F.S. requires that the administrative charges for the collection of impact fees be limited to actual costs. Based on these new provisions implemented in the Act, Cities in Orange County who collect school impact. fees were required to assess their collection costs to insure that administrative fees reflect the actual collection costs in place of the 3% charge that was previously applied. Orange County Public Schools recommended that the City develop an administrative fee that was transaction based, which amounts to a charge for each impact fee collected by the City rather than a straight 3% charge as was previously done. After consideration and study with the City's Finance Department, the City decided to implement the recommended $102.00 transaction fee, and has been assessing this fee concurrent with the implementation of the new school impact fee. The proposed interlocal agreement between Orange County Public Schools and the City of Ocoee establishes the procedure for the fees that the City has already been collecting, as well as provides for annual renewal consistent with the School Impact Fee Ordinance. Issue: Should the Honorable Mayor and City Commission approve the interlocal agreement between Orange County Public Schools and the City of Ocoee establishing the procedure for collection of School Impact Fees? Recommendations Staff recommends that Honorable Mayor and City Commissioners adopt the proposed interlocal agreement between Orange County Public Schools and the City of Ocoee. Attachments: Interlocal Agreement establishing procedure for collection of School Impact Fees Financial Impact: Type of Item: (please mark with an "x") Public Hearing _ Ordinance First Reading Ordinance Second Reading Resolution Commission Approval Discussion & Direction For Clerk's Deot Use: _____ Consent Agenda Public Hearing _____ Regular Agenda Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by 0 N/A N/A N/A 2 INTERLOCAL AGREEMENT BETWEEN ORANGE COUNTY PU.BLlC SCHOOLS AND This agreement is made and entered into this day of , 2009, between the Orange County School Board (Orange County Public Schools or OCPS) and the City of , Florida, (City) hereinafter referred to as OCPS and the City both bodies existing under the laws of the State of Florida. WITNESSETH: WHEREAS, the parties to this agreement have determined that in order to most effectively utilize their separate powers to promote the quality of education within Orange County Public Schools, a cooperative effort, in the form of this Interlocal Agreement, is necessary to establish the procedure for the collection of impact fees (hereinafter "Impact Fees"). WHEREAS, Orange County has adopted Ordinance 2007-12, the School Impact Fee Ordinance (hereinafter the "Impact Fee Ordinance"), which requires that new residential development contribute its fair share of the cost of capital additions and improvements to the County School System: and WHEREAS, the improvements and capital additions to the School System benefit all citizens of Orange County, both within the municipalities of the County and in the unincorporated areas; WHEREAS, the Impact Fees established by the Impact Fee Ordinance have been imposed throughout Orange County, including both the municipalities and the unincorporated areas; and WHEREAS, in recognition of the constitutional requirement of the uniform system of free public education, the parties are desirous of establishing a uniform procedure for the collection of Impact Fees imposed under the Impact Fee Ordinance to assist the public in complying with the applicable ordinances and procedures of all parties; NOW THEREFORE, in consideration of the mutual covenants herein contained and for other good and valuable consideration each to the other, receipt of which is hereby acknowledged by all parties, the parties hereby agree, stipulate and covenant as follows: 1. PREAMBLE INCORPORATED. The foregoing recitals are true and correct and are incorporate herein as part of this Agreement. 2. AUTHORITY. This Interlocal Agreement (hereinafter the "Agreement") is entered into pursuant to the provisions of the Florida I nterlocal Cooperative Act Section 163.1, Florida Statutes, and Section 23- 141 (Payment) of the "Impact Fee Ordinance". 3. DEFINITIONS. Terms used in this Agreement shall have the meanings as provided for in the Definitions Section of the Impact Fee Ordinance, unless the context otherwise clearly requires. 4. COLLECTION OF FEES. Beginning with the effective date of this Agreement, the City agrees to assist and cooperate with OCPS by collecting impact fees for residential development within the municipal boundaries of the City which has entered into this Agreement. The City shall require the payment of the applicable school impact fee imposed by the Impact Fee Ordinance prior to the issuance of a building permit by the City for residential construction, except where OCPS has issued a notification that impact fee credits have been issued to the property owner as provided for in Section 8 of this Agreement. 5. ACCOUNTING FOR FEES COLLECTED. The City shall provide the following information for those residential construction permits issued and impact fees collected as follows: a. Date the residential building permit was issued; b. The type of residential permit issued (Single Family, Multi-family or Mobile Home); c. The amount of the impact fees collected or where OCPS has issued impact fee credits the amount of impact fee credits used; d. Where credits were used to pay impact fees, the credit balance of the applicant; e. The name and address of the permit applicant who paid the fee or was issued credit; f. The parcel number where on which the permit was issued. 6. TRANSFER OF IMPACT FEES. The City shall account for the collected fees separate and distinct from all other revenues and shall transfer, to OCPS the amount collected at least quarterly. Upon receipt to the impact fees collected by the City, OCPS shall maintain such fees separate and distinct from all other revenues and shall hold and use such fees in accordance with the Impact Fee Ordinance. 7. ADMINISTRATIVE CHARGES FOR COLLECTION OF IMPACT FEES. As consideration for the collection of impact fees on behalf of OCPS the City shall retain $102 of the school impact fee for each residential building permit issued where and impact fee is collected by the City. No administrative fee shall be collected where impact fee credits are issued as provided for in Section 8 of this Agreement. 8. IMPACT FEE CREDITS. OCPS may from time to time collect mitigation in the form of pre-paid impact fees from developers under its Capacity Enhancement and Concurrency Programs as provided for in the "Amended Interlocal Agreement for Public School Facility Planning and Implementation of Concurrency". Where such prepayments of impact fees are made by developers, OCPS shall issue an impact fee credit letter to the City with a copy to the developer that certain impact fee amounts were paid and that the City should establish an impact fee credit account on behalf of the developer and not charge impact fees up to the amount set in the impact fee letter. Said credit accounts shall be assigned by the City to a specific parcel number(s) and residential building permits may be issued for construction on the designated parcels of land and impact fees shall be credited against the established impact fee credit account at the impact fee rate in effect at the time the permit is issued. Impact fee credits or excess impact fee credits may not be transferred to other parcels unless OCPS issues notice to transfer said credits to another parcel. 9. TERM. This Agreement shall be for one year, but will automatically renew for additional one-year terms. Either party to this Agreement may terminate this Agreement by written ninety (90) day notice to the other party. 10. RIGHT OF INSPECTION. The parties shall have the reciprocal right to request the review of the records of the other as to the receipt and use of such fees and the issuance of impact fee credits to applicants. 11. REFUNDS. The City shall notify OCPS of any request for refund of impact fees. Said requests shall be directed to OCPS. All refunds shall be paid by OCPS. 12. NOTICES. All notices and clarifications under this Agreement shall be made to the following offices: For OCPS: Senior Director of Planning and Governmental Relations 445 W. Amelia Street, Orlando, Florida 32801 For the City 13. INDEMNIFICATION. In consideration for the City's implementation of the Impact Fee Ordinance and cooperation in collection of the impact fees set forth in this Agreement, and in recognition that the Impact Fee Ordinance and this Agreement are in furtherance to the obligation of the School Board to provide adequate educational facilities, and that the actions of the City in assisting in the collection of Impact Fees constitute a valid public purpose, OCPS agrees that, to the extent allowed by law, it will indemnify and hold the City harmless from and against all loss, liability, costs, claims, demands, damage actions, causes of actions, suites and expenses arising out of or relating to or occasioned by the administration of the Impact Fee Ordinance or this Agreement. The obligations contained herein shall not constitute a waiver of sovereign immunity for the parties here in. The indemnification contained herein shall survive the termination or cancellation of this Agreement for any action that occurred during the period that this Agreement was in effect. 14. REMEDIES. This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the agreement shall be held in Orange County. No remedy herein conferred upon either party is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or hereafter in existing law or in equity or by statute or otherwise. In any action brought by either party for the enforcement of the obligations of the other party, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. 15. SEVERABILITY. If any item or provision of the Agreement, or the application thereof to any person of circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision to persons or circumstance other than those as to which it is held invalid or unenforceable, shall not be affected and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law; provided, however, that in such event, any party may terminate this Agreement upon ninety (90) days written notice to the other party. 16. EFFECTIVE DATE. This Agreement shall be effective on the date,last signed by the parties. 17. INTERPRETATION. The headings contained in this Agreement are for reference purposes only and will not affect in any way the meaning or interpretation of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the dates set forth below. Signed, sealed and delivered in the "SCHOOL BOARD" Print Name: THE SCHOOL BOARD OF ORANGE COUNTY, FLORIDA, a corporate body organized and existing under the constitution and laws of the State of Florida Presence of: By: Name: Title: Attest Ronald Blocker, as its Secretary and Superintendent {Corporate Seal} Date: ,200_ Approved as to form and legality by Frank Kruppenbacher, General Counsel for The School Board of Orange County, Florida this _ day of , 200_. Frank Kruppenbacher STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 200_ by , as and Ronald Blocker, as Secretary and Superintendent of The School Board of Orange County, Florida, a corporate body organized and existing under the constitution and laws of the State of Florida. Said persons (check one) D are personally known to me or D produced as identification. Printed Name: (Notary Seal) Notary Public, State of Florida Commission No. My commission expires: City of (Insert Name and Title) Date ATTESTED To: Date