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Resolution 080-2003 w Board of County Commissioners ci`� RESOLUTION NO. no -2003 RESdIa1TION OF THE BOARD OF COUNTY COMMISSIONERS OF cn ABONRiggCOUNTY, FLORIDA APPROVING AN INTERLOCAL AGREEMENT ViTITOSPMORADA, VILLAGE OF ISLANDS, REGARDING LIBRARY IMPACT FiES. WHEREAS, the attached interlocal agreement provides for the collection and use of library impact fees which require the cooperative efforts of Islamorada, Village of Islands (Village) and Monroe County (County); and WHEREAS, the agreement will provide for additional funds for the capital improvement of the Monroe County library in the Village; now, therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA that the attached interlocal agreement is hereby approved and the Mayor is authorized to execute the same on behalf of the County. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of February, 2003. Mayor Spehar yes Mayor Pro Tem Nelson ye _- missioner McCoy yes loner Neugent yes Is ner Rice yes ( '_ BOARD OF COUNTY COMMISSIONERS =_Atts C L.KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA ,e,/,),,; >22 4a..0 By.0-D S)4ciAlitLQJ By Deputy Clerk Mayor/Chairperson APPROVED AS TO FORM jresV011ibrary A A F B i ROBERT 9LFE DATE / 0 - ©3 RESOLUTION NO. 02-12-77 A RESOLUTION OF THE VILLAGE COUNCIL OF ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA APPROVING AN INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY, FLORIDA, AND ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the attached Interlocal Agreement (the "Agreement") provides for the collection and use of library impact fees requiring the cooperative efforts of Islamorada, Village of Islands, Florida (the "Village") and Monroe County, Florida (the "County"); and WHEREAS, the Village Council finds that approval of said Agreement is in the best interest of the Village. NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA, AS FOLLOWS: Section 1. That the Agreement between the Village and the County, in substantial conformity to the instrument attached as Exhibit "A," is approved. The Village Manager and Village Attorney are authorized to finalize the terms and conditions of the Agreement and take all steps necessary to carry out all actions and transactions contemplated by this Agreement. The Mayor is authorized to execute said Agreement on behalf of the Village. CERTIFIED COPY OF Eh; : :+►` BECERLY Rill i, VItAGE C Section 2. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 12th day of December, 2002 MARK GREGG, A OR ATTEST: VILLAGE CL RK APPROVED AS TO LEGAL SUFFICIENCY: /4111.11rAr VILLA J ''T' f EY W 2 r _ LIBRARY IMPACT FEE INTERLOCAL AGREEMENT Islamorada, Village of Islands This Interlocal agreement for the collection and distribution of impact fees is entered into by and between Monroe County (County), a political subdivision of the State of Florida, and Islamorada, Village of Islands (Village), a municipal corporation, under the authority granted in Sec. 163.01, F.S. The parties hereby covenant and agree as follows: 1. As authorized by Art. 8, Sec. 1(f), Fla. Const., the County and the Village agree that the library fees imposed by Sec. 9.5-493, Monroe County Code, apply within the Village and are not in conflict with any municipal ordinance. 2. a) Any person, including any government agency, initiating new residential development within the Village, that will require new library public facility demands must pay the applicable fair share library impact fees (hereafter the impact fees) due as set forth in Sec. 9.5-493, Monroe County Code. For the purposes of Sec. 9.5-493, Monroe County Code, the parties agree residential unit means a dwelling unit that is designed for, and capable of, serving as a residence for a full housekeeping unit and which includes a kitchen composed of at least a refrigerator and stove. b) The Village must collect the library impact fees due under Sec. 9.5-493, Monroe County Code, and subsection 2 a) of this agreement from any person initiating new residential development within the Village before issuing a certificate of occupancy for such development, unless such person or the proposed development is exempt from the imposition of impact fees under Sec. 9.5-493, Monroe County Code. c) All impact fees collected by the Village must be properly identified and as such promptly transferred to the Village Finance Director. The Village shall establish an appropriate accounting mechanism to ensure that the library impact fees collected are earmarked for the purposes established by this agreement. The library impact fee accounting must restrict the proceeds for use exclusively for the capital expansion of the County's library located within and serving the Village, which is within the Middle Keys impact fee subdistrict depicted in Chap. 9.5, Exhibit A, Monroe County Code. 3. At the end of each calendar quarter, the Village must promptly pay the County the library impact fees collected within the Village. The County may only expend the Village collected library impact fees for the library capital expansion as authorized by Sec. 9.5-493, Monroe County Code, in the County library located within and serving the Village, which is within the Middle Keys impact fee subdistrict described in Chap. 9.5, Exhibit A, Monroe County Code. The Village may retain five percent (5%) of all fees collected, as an administrative charge. 4. The Village and County further agree and covenant: a) That the library impact fees collected in the Village pursuant to this interlocal agreement will be expended according to the capital facilities element of the Village's comprehensive plan or the County's comprehensive land use plan, as appropriate; b) That all library impact fees collected in the Village pursuant to this interlocal agreement will be expended by the County in manner consistent with Contractors and Builders Association of Pinellas County v. Village of Dunedin, 329 So. 2d 314 (Fla. 1976); and Home Builders and Contractors' Association of Palm Beach County v. Board of County Commissioners of Palm Beach County, 46 So. 2d 140 (Fla. App. 4th DDA 1983); and c) That accurate records and accounts of the receipt and expenditure of such fees will be kept by the Village and County according to generally accepted government accounting principles, and made available to representatives of the other party upon request. 5. This interlocal agreement supersedes and replaces any and all prior interlocal agreement or understandings between the parties concerning library impact fees. 6. This interlocal agreement will take effect when a certified copy is filed with the Clerk of the Circuit Court for Monroe County and the Clerk of the Village. 3'/J T-�s 23 1s 9`h day of January, 2003. z I- a vcalL. KOLHAGE, CLERK BOARD OF COU TY COM ISSIONERS .-_ -'"' OF MO 'CO Y F, O'.10 • By_D- 1. 01,4a.vti By Deputy Clerk a_ \c _ p-1 Mayor/Chairman (SEAL) ATTEST: BEVERLY RADDATZ, CLERK ISLAMORADA, VILLAGE OF ISLANDS By 1 By Vi age Clerk or APPROVED AS TO FORM �IEA14 ROBERT N.rTie F.— DATE f— - O�