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Resolution 241-1990 Community Services Division RESOLUTION NO. 241 -1990 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR/CHAIRMAN OF THE BOARD TO EXECUTE AN INTERLOCAL AGREEMENT BY AND BETWEEN MONROE COUNTY AND THE CITY OF KEY WEST CONCERNING COLLECTION, HOLDING IN TRUST AND TRANSFER OF LIBRARY IMPACT FEES BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is hereby authorized to execute an Interlocal Agreement by and between Monroe County and the City of Key West, a copy of same being attached hereto, concerning collection, holding in trust and transfer of library impact fees. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on this l~tA day of ~, 1990, A.D. BOARD OF COUNTY COMMISSIONERS OF MONR~#CO~, FLORIDA BY~~ Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk --aJc-f~11 AJ.~ APPROVED AS TO FORM AND LEGAL SUFFICIENCY. B H r~ \10 65: L'd LZ &tV 06. OClOJ3tj dOj 0311.:J INTERLOCAL AGREEMENT FOR THE COLLECTION, HOLDING IN TRUST, AND TRANSFER OF LIBRARY IMPACT FEES BETWEEN MONROE COUNTY AND KEY WEST, FLORIDA THIS Interlocal Agreement is being entered into under the authority of F.S. 163.01 by and between Monroe County and the City of Key West to provide coordination for the collection, holding in trust, and transfer of library impact fees between the City of Key West and Monroe County. WHEREAS, the Monroe County Board of County Commissioners and the City of Key West have determined and recognize that the growth rate the County will 'experience through the year 2005 will necessitate significant public library facility improvements in order to maintain an acceptable level of service for County library services to be provided to County and City residents. WHEREAS, Monroe County has prepared a library impact fee ordinance, attached hereto as Exhibit A, which provides for the collection of library impact fees from new development in the County . WHEREAS, the City of Key West agrees to adopt the terms of said ordinance to ensure that new development in the City pro- vides its fair share of the cost of expanding public library facilities that the City receives from the County. THEREFORE, pursuant to Florida Statutes 163.01, Monroe County, a political subdivision of the State of Florida, and the City of Key West, a municipal corporation, have determined and recognized that increased growth in the City will necessitate a significant capital expansion of the County's library services in order to provide an adequate quality of library opportunities for both City and County residents. In order to finance these new capital improvements for facilities, and ensure that accommodat- ing that growth is economically feasible, several combined meth- ods will be necessary, one of which will require all new land development generating public library facility needs to pay its pro rata share of the capital expansion costs that will be incurred to provide said facilities. AND THEREFORE, this inter local agreement shall be for the purpose of establishing a method for the collection, holding in trust, and transfer of impact fees from the City to the County for the library services the County provides to the City. SECTION ONE FEE SCHEDULE The parties agree that ~he City, on behalf of the County, shall collect the library impact fees in an amount equivalent to and according to the rate and schedule set forth as follows: Fair Share Library Fee To Be Imposed on New Residential Land Development Activity: Payment of fair share fee prior to issuance of certifi- cate of occupancy: Any person who shall receive a certificate of occupancy for any new residential land development activity that places an increased demand on the county's library facilities shall pay a fair share library fee as follows: Land Use Type: Fee Residential unit .......................... $190.00 SECTION TWO COLLECTION AND TRANSFER All funds collected shall be properly identified and promptly transferred to the County Clerk's office for deposit in the appro- priate trust fund in separate accounts established by the County and used solely for the purposes established by this agreement. SECTION THREE EXEMPTIONS The following new land development activities shall be exempted from payment of library impact fees. 1. Alterations or expansion of an existing dwelling unit where no additional units are created and the use is not changed. 2. The construction of accessory uses or structures which are not dwelling units and which do not constitute an increase in intensity. 3. The replacement of a destroyed or partially destroyed building or structure with a new building or structure of the same slze or use. 4. Publicly owned governmental building, except for those used for permanent or temporary housing. SECTION FOUR EFFECTIVE DATE This Agreement shall take effect when approved by the govern- ing bodies of the City of Key West and Monroe County, filed with the Clerk of the Circuit Court of Monroe County, and filed with the City Clerk of the City of Key West. CITY OF KEY WEST By Tony Tarracino, Mayor (seal) ATTEST: Josephine Parker, City Clerk (seal) ATTEST: Danny L. Kolhage, County Clerk BOARD OF COUNTY 'COMMISSIONERS OF MONROE COUNTY, FLORIDA BY John Stormont, Mayor/Chairman ilt'PROVED AS iO cORA' l!7Zi2'C:'~~" 7/, ," ~ . . Attorn(lY s Office . ' 1. ;. .~ .' , ~ i 1 ; , . I 'i ~ ~ EXH I B IT "AI.' ; l ~ " 1 ',J r ,.,' :) '1 '~ . Sec. 9.5-493. Fair share library impact fee.. (a) Purpose and Authority: (1) The board of county commissioners has determined and recognized that the growth rate the county will experience through the year 2005 will necessitate a significant capital expansion of the county's library facilities in order to pro. vide adequate quality of library opportunities for county residents. 1 . ~ I <I J 1 i 1 1 , ! ,~ ~ .Cross reference-Libraries, ch. 10. Supp. No. 33 800.340 I 1 1 .~t ,~ -~ 'j l ~~ l ,,' , j ! ~ ~; ~ LAND DEVELOPMENT REGULATIONS ~ 9.5493 ~ (2) In order to finance these new capital improvements, sev- eral combined methods of financing will be necessary, one (1) of which will require all residential land developmer.~ in the county to pay a fair share library fee which is consis~ent with the principles established in Contra.cto, v and Builders Association of Pinellas County u. City of Dunedin, 329 So.2d 314 <Fla. 1976). " <. . , ,?, j ! ,~ 4 , 'k , '1 , ".1 :z 11 -;! ~ ': , (3) Implementing sq,ch a regulatory and financing program is the, re.!lponsibility of Monroe County in order to carry out this chapter and the Comprehensive Plan pursuant to sec. tion Ib3.3161 et seq., Florida Statutes, and section 125.01(l)'fI Florida Statutes, and is in the best interest of the public's health, safety and welfare. 1 . (4) It is the purpose of this section to establish a regulato.... system to assist in providing funding for the capital ex- pansion of these new library facilities caused by the coun- ty's new growth. Putsuant to this section, residential land development will be required to pay afair share library fee which does not exceed a pro rata share of the reasonably anticipated costs for the capital eXpansion ot'new library facilities caused by ne)\? growth. . : ,i '; ., J '1 I (5) It is not the purpose of this section to collect any money from any new residential development in excess of the actual amount necessary to offset the demand placed on new county library facilities for capital expansion. (b) Time and Amount of Payment: No certificate of occupancy shall be issued for any residential unit until the applicable fair share library fee is paid. If, in the time between the date of the building permit application and the date of the request for a certificate of occupancy, the applicable fair share h"brary fee amount is altered, the fee due shall be the lower of the two (2) amounts. (c) Fair Share Library Fee To Be Imposed on New Residential Land Development Activity: J . I . . ,~ 1 1 1 ,1,_______..__._ " (1) Payment of fair share fee prior to issuance of certificate of occupancy: Any person who shall receive a certificate of Supp. No. 33 800.341 ... ]...;. ',.,'='~-""-' t 9.5493 MONROE COUNTY CODE occupancy for any new residential land development activo ity that places an increased demand on the county's li- brary facilities shall pa:' a fair share library fee as follows: Land Use Type Residential unit. . . . . . . . . . . . . . . . ~ . . '. . . . .. Fee . $190.00 (2) Individual assessment offiscal impact of land development activity on library facilities: The library impact analysis: a. Any person who shall initiate any land development activity that place:; a demand on the county'S library facilities ma)' choo",,,: to provide an indiviaual assess- ment of the demand the proposed land development activity will place on the county's library facilities in order to show that tile capital expansion costs necessi- tated by the propo.. - i land development activity is less than the fair share fee established above. b. The individual assessment shall be undertaken through the submission of a library facilities analysis which shall include the following information: . (i) The projected use of library facilities by the pro- posed land development activity. This projection shall be bast!d up(m either IOC8iempiricaI surveys, or state or national information. (ii) An assessment of the capital ~S1n!Qon of the coun. ty's library facilities necessitated by the proposed land development, if those fac:ilities are to be main- tained at standards consistent with the compre- hensive plan. Standard practices and methodolog- ical procedures in impact analysis shall be used to determine the capital ex}:!anaion of. the county's library facilities necessitated by the proposed land development activity. (m) An assessment of the costs for providing the capi. tal expansion necessitated by the proposed land development activity. The cost figures used shall be based upon recent empiricaL information of the costs in Monroe County for acceptable library fa- cilities, the construction costs for library space, 1 , Supp. No. 33 800.342 ,. J . ~ .. 1 , .^ < \ '. , 1 LAND DEVELOPMENT REGULATIONS I 9.5-493 f~ ~ outlined in the comprehensive plan. and the plan- ning, design and engineering. costs for the neces- sary capital improvements. (iv) An assessment of the projected tax revenues that will be derived from the proposed land develop- ment activity that caabe reasonably determined to be available to pay for new capital improve- ments to the county's library facilities. (v) The amount of any shortfall between the projected tax revenues and the capital expansion costs for the library facilities necessitated by the new land development activity. Any shortfall shall be con- sidered the proposed fair share library fee. .~ ....... ,..-.. ~".'l"-". c. The library facilities impaCt analYsis shall be prepared by qualified professionals in the fields of community impact analysis and economics, and shall be submit- ted to the county planning director. ''- -.' d. Within twenty (20) working days of receipt of a library facilities impact analysis, the director of planning shall determine if it is complete~ If the director determines the application is not complete, he shall send a Written statement specifying the deficiencies by ~ to the person submitting the application. Unless the deficien- cies are corrected, the director shall take no further action on the library facilities impact' aiwYsis. e. When the director of planning determines the library facilities impact analysis is complete, he shall review it within twenty (20) working days, imd shall approve the proposed fee if it is determined that the methodol- ogy used to determine the proposed fair share library fee is profeSSionally acceptable and fairly assesses the costs for capital improvements to the county's library facilities that are necesSitated by the proposed land development activity if the county's library facilities are going to be maintained at the level of service established in the comprehensive plan. If the director determines the methodology is unreasonable, it shall be denied, and the developer shall pay the fair share library fee as established in this subsection. 1 , 1 it ; ! j '; .i ~ J " j .~ '4 :1 , J 1 1 ..j t Supp. No. 33 800.343 '"l~___ , 1 ~ 9.5493 MONROE COUNTY CODE f. Any person may appeal the county planning director's decision on any library facilities analysis he submits by filing a petition with the Monroe County Board of County Commissioners within thirty (30) days of a decision by the county planning director. In reviewing the county planning director~s decision, the Monroe County Board of County COmmissioners shall use the standards established in this section. (d) Credits to the Fair Share Library Fee: i . I- t.....~.-...:;i';_... (1) Where the person initiating the land development has en- tered into an agreement with the county to dedicate land, books, periodicals or films, or to'constnict a horary facili- ty, the director of planning shall grant a credit against any fair share library fee imposed by this section upon any new residential land development activity placing a demand on the county's library facilities in an amount equal to the dollar value of the capital improvements. No credit shall exceed the fair share library fee imposed by ~ section for the proposed land development 'activity. . ,;;_ . .~: ....-. ~ . -;. .".. \ .. ~'...' (2) The determination of the credi~ shall.1>e undertaken through the submission of A propoSed ciedit agreement to the direc. tor of planning, which agreement shall include the follow- ing information: .., ,,00 .'. ".. ,""~~' a. The proposed donation of land, books, periodicals or films, or the proposed plan of specific library space improvements; and b. The projected dollar value for the suggested donations or improvements which shall be based on local infor- mation of similar land, books, periodicals, films or space improvements. .~ i 1 '1 f i ,I , I 1 '~ , (3) The proposed credit agreement shall be prepared by quali. fied professionals in the fields of planning, impact analysis and economics. (4) Within twenty (20) working days of receipt of the proposed credit agreement, the director of planning shall determine Supp. No. 33 800.344 1 , " '-'-"'" --" i ) ~ If J i . ,~ . LAND DEVELOPMENT REGULATIONS t 9.5493 , j '1 '~ i i :~ ., ~ ,., i if the proposal is complete. If it is determined that the proposed credit agreement is not complete, the director shall send a written statement to the applicant outlining the deficiencies. The county planning director shall take no further action on the proposed ~t agreement until all deficiencies have been corrected or otherwise settled. (5) Once the director of planning determines the credit agree_ ment is complete, he shall review it within twenty (20) working days, and shall approve the proposed credit agree- ment'if it is determined that the proposed donation or space improvement is consistent with the capital improve- ments outlined in the compreheDBive plan for the county's library facilities, and the proposed- valuation of the dona- tion or space improvement is professionally aCceptable_ If the director determines that either the proposed donation or space improvement is not consistent with the compre- heDBive plan, or that the proposed costs are not acceptable, he shall deny the credit agreement and the applicant shall pay the fair share library fee. : ;11:. , ') 't ; I 4 ~ ~ ~ ~ il ~ ~ I 1 j . I ......f (6) If the proposed credit agreement is approved by. the direc- tor of planning, a credit agreement shall be prepared and signed by the applicant and the county. It shall specifically outline the donation or space improvement that will be made by the applicant and the dollar credit the applicant shall receive for the donation or space improv~ent. (7) Any person may appeal the director of planning's decision on any credit agreement he submits by filing a petition with the Monroe County Board of County Commissioners within thirty (30) days of a decision by the director. In reviewing the director's decision, the Monroe County Board of County Commissioners shall use the standards estab- lished in subsection (c) of this section. (e) Review of the Fee Schedule: Prior to the adoption of the annual budget, the Monroe County Board of County Commis- sioners shall receive a report from the county planning director reviewing the fair share library fee schedule in subsection (c) and any recommended changes in the fee schedule. Changes in the 1 , Supp. No. 33 800.345 ----r t 9.5-493 MONROE COUNTY CODE " schedule should be based on any revisions to the population projections, library costs, inflation and other relevant factors. (D Use of Funds Collected: I "" ~...~ ~ o. ~ (1) The county shall establish an appropriate accounting mech- anism for insuring that the fees collected pursuant to this section are appropriately earmarked and spent for the cap- ital expansion of the county's library' facilities. (2) Three (3) accounts shall be established., one (1) for each subdistrict as shown in appendix A to'this chapter; and the fees collected pursuant to this section shall be paid into the accounts established for the subdistrict in which the new land development activity is proposed. (3) Expenditure offair share fees" irifu~" .-....-t.._-.A; . a. Proceeds from each account shall be used exclusively for the capital expansion of the county's library facili- ties in the subdistrict from which the moneys have come, and in a manner consistent with the capital improvements plan of the comprehensive plan. b. Any funds in the funds on deposit, not immediately necessary for expenditure~ dshiill he' inveSted in interest- bearing assets. All income derived from these invest- ments shall be retained in the applicable account. These moneys shall be utilized for the capital expansion of the county's librarY' facilities 'm a m.anner consistent with the capital improvements plan in the compre- . . .... ~. hensive plan. .' , c. Each year, at the time the annual county budget is reviewed, the director of plAnning shall propose ap- propriations to be spent from the fund. The proceeds shall be spent for capital imprOVementi 'plan consis- tent with the capital improvements plan of the com. prehensive plan. Any amounts not appropriated from the fund, together with any interest earnings, shall be carried over in the specific account to the following fiscal period. (4) Refund of fair share fees if not encumbered for community library facilities: Supp. No. 33 800.346 1 , , oj !: . ;~ 'I 'I J: ;;it I j I ,~ '1 , j :~ 'j i j , ! j ..~ .,".~ :~ , ., . ~ j I , ,.; LAND DEVELOPMENT REGULATIONS t 9.5-'93 '1 a. Any fair share library fees collected shall be returned to the fee payer if the fees have not been spent or encumbel'~d within six (6) years from the date the fees were paid. Fair share library fees collected shall be deemed to be spent (encumbered) on the basis of the first fee collected shall be the first fee spent for library improvements. b. Any fair share library fees collected shall be returned to the fee payer if the land development activity is canceled due to non commencement and if the fees have not been spent or encumbered. Fair share library fees collected -,hall be deemed to be spent encumbered on the basis of the fIrst fee collected shall be the first fee spent for library facilities improvements. c. The refund of fair share library fees. shall be under- taken through the submission of a refund application to be submitted within one (1) year following the end of the sixth year from the date on which the fair share library fee was paid or within three (3) months of noncommencement. The refund application shall in- clude the following information: (i) A notarized sworn statement that the fee payer paid the fair share commuirity library fee for the property and the amount paid; and . (ii) A copy of the receipt issued by the county for payment of the fee. d. Within twenty (20) working days of receipt. of the re- fund application, the director of planning shall deter- mine if it is complete. II the director determines the application is not complete, he shall send a written statement specifying the deficiencies by mail to the person submitting the application. Unless the deficien- cies are corrected, the director shall take no further action on the refund application. e. When the director of planning determines the refund application is complete, he shall review it within twenty (20) working days, and shall approve the proposed re- . fund if he determines the fee payer has paid a fair share library fee, which the county has not spent or encumbered within six (6) years from the date the fees i . . .! I ~ '. J 'J. ~: , " .i 1 . J 1 ~ -.1 .j ,~ ':1 '~ "ij . t,; I i .. .., :~ J 1 j Supp. No. 33 800.347 " 1 . . ..,~...." .' ; ~ , 9.5-493 MONROE COUNTY CODE were encumbered or within three (3) months of non- commencement. f. Any fee payer may appeal the director of planning's decision on a refund application, by filing a petition with the Monroe County Board of County Commis- sioners within thirty (30) days of a decision by the director. In reviewing the county planning director's decision, the Monroe County Board of County Com- missioners shall use the standards established in sub- section (c) of this section. 1 i '. .... ." (g) Exemptions: The following new land development activities shall be exempted from payment of the ~air share li~rary fee: '. ~ -.' . "-- . ... . ~_l>."" _. . . '-'. ..- ... '.. ... (1) Alterations or expansion or an existing dwelling unit, in- cluding the replacement of or relocation within the service district, a mobile home, where no additional units are created and the use is not changed; ,', (2) The construction of accessory buildings or structures which are not dwelling units and which do not constitute an increase in intensity of use; (3) The replacement of a destroyed or partially destroyed build- ing or structure With a new building or structure of the same' size and use; . , ; ! :1 (4) The construction of any publicly owned governmental build- ings, except for those used for permanent or temporary housing; and (5) The construction of any affordable housing units, provided that: a. Prior' to the issuance of a building permit for such units, evidence shall be provided to the director of planning that a notice of deferred payment of impact fee has been recorded on the chain of title; and b. If the affordable housing units because of occupancy or ownership no longer qualify as affordable units under the provisions of this chapter, the impact fee shall be J , .~ I i 1 . I Supp. No. 33 800.348 j ~ i l ~~-... ~ '.1 . ~" 'i ~!. f ~ LAND DEVELOPMENT REGULATIONS I 9.5-494 due and owing. COrd. No. 33-1986, ~ 12-103; Ord. No. 40-1988, II 121A, 123, 124) Note-See the annotation to t 9.5-491. . '.~ . .~- , . ~~ ,- ".' ~ ! .~ " '" ';' , .. .; ~ ! 'i it j 4 "'!: ~ ;1 " ;j i t ~ ,I ~ " '. 1.: I , .~ i i I I -',----_...",.-