Item S3
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
Meeting Date
February 19, 2003
Division
County Attorney
AGENDA ITEM WORDING
Resolution approving the attached interlocal agreement with Islamorada, Village of Islands
concerning the collection and use of library impact fees.
ITEM BACKGROUND
PREVIOUS RELEVANT BOCC ACTION
CONTRACT/AGREEMENTCHANGES
STAFF RECOMMENDATIONS
TOTAL COST
BUDGETED Yes No
COST TO COUNTY
SOURCE OF FUNDS
APPROVED BY:
County Attorney _ OMB/Purchasing 0 Risk Management 0
DIVISION DIRECTOR APPROVAL~~~
JO R. C LUNS
DOCUMENTATION:
Included 0
To Follow 0
Not Required 0
AGENDA ITEM #
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Board of County Commissioners
RESOLUTION NO.
-2003
A RESOLUTION OF THE BOARD OF COUNTY COMMISsIONERS OF
MONROE COUNTY, FLORIDA APPROVING AN INTERlOCAL AGREEMENT
WITH ISlAMORADA, VILlAGE OF ISLANDS, REGARDING LIBRARY IMPACT
FEES.
WHEREAS, the attached inter local 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
l'
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA that the attached inter local 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
Mayor Pro T em Nelson
Commissioner McCoy
Commissioner Neugent
Commissioner Rice
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairperson
APPROVED AS TO FORM
A A .
jresVOllibrary
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 ofIslands, Florida (the "Village") and Monroe County, Florida (the "County"); and
WHEREAS, the Village Council fmds that approval of said Agreement is in the best
interest of the Village.
NOW THEREFORE, BE IT RESOL YED 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 COP, Of e ::,;, .',:M..
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IElERLY HAD Z, IlLLAlf aa
....
Section 2.
This Resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED this 12th day of December, 2002
<7I4&f~L
MARK GREGG, 1\ OR
ATTEST:
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APPROVED AS TO LEGAL SUFFICIENCY:
2
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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. I
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 whena certified copy is filed
with the Clerk of the Circuit Court for Monroe County and the Clerk of the Village.
DATED this 9th day of January, 2003.
(SEAL)
A TTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairman
(SEAL)
ATTEST: BEVERLY RADDATZ, CLERK
ISLAMORADA, VILLAGE OF
ISLANDS
By 15~ ~
Vill e Clerk
By ~V'
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